An Act To Clarify Intermittent Leave under the Family Medical Leave Laws
Maine Legislature, Session 123, LD 1261
Committee: Labor
Sponsors: SIMPSON, STRIMLING, ADAMS, BRYANT, BURNS, HASKELL, MILLS, WATSON, EDMONDS, SULLIVAN
Amends: 26 MRSA §844

Legislative Document 
No. 1261 
H.P.889 
House of Representatives, March 8, 2007 
An Act To Clarify Intermittent Leave under the Family Medical 
Leave Laws 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative SIMPSON of Auburn. 
Cosponsored by Senator STRIMLING of Cumberland and 
'7J1~ 1I1.7TI~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BRYANT of Windham, BURNS of Berwick, 
HASKELL of Portland, MILLS of Farmington, WATSON of Bath, Senators: President 
EDMONDS of Cumberland, SULLIVAN of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRS A §843, sub-§4-B is enacted to read: 
4-B. Reduced leave schedule. "Reduced leave schedule" means a leave schedule 
that reduces the usual number of hours per workweek, or hours per workday, of an 
employee. 
Sec. 2. 26 MRSA §844, sub-§l, as amended by PL 1997, c. 515, §1, is further 
amended to read: 
l. Family medical leave entitlement. Every employee who has been employed by 
the same employer for 12 consecutive months is entitled to up to 10 consecutive work 
weeks of family medical leave in any 2 years unless employed at a permanent work site 
II 
with fewer than IS employees. The following conditions apply to family medical leave 
granted under this subchapter: 
A. 
The employee must give at least 30 days' notice of the intended date upon which 
family medical leave will commence and terminate, unless prevented by medical 
emergency from giving that notice; 
B. 
The employer may require certification from a physician to verify the amount of 
leave requested by the employee, except that an employee who in good faith relies on 
treatment by prayer or spiritual means, in accordance with the tenets and practice of a 
recognized church or religious denomination, may submit certification from an 
accredited practitioner of those healing methods; and 
C. 
The employer and employee may negotiate for more or less leave, but both 
parties must agree. 
Sec. 3. 26 MRSA §844, sub-§3 is enacted to read: 
3. Leave taken intermittently or on reduced leave schedule. 
Intermittent or 
reduced leave schedule family medical leave may be taken subject to the following 
limitations: 
A. Leave for a reason described in section 843, subsection 4, paragraph B or C may 
not be taken by an employee intermittently or on a reduced leave schedule unless the 
employee and the employer agree otherwise. Subject to subsection 1, paragraphs A 
and E, leave for a reason described in section 843, subsection 4, paragraph A, 0 or E 
may be taken intermittently or on a reduced leave' schedule when medically 
necessary. The taking of leave intermittently or on a reduced leave schedule pursuant 
to this paragraph may not result in a reduction in the total amount of leave to which 
the employee is entitled under subsection 1 beyond the amount of leave actually 
taken. 
E. If an employee requests intermittent leave,. or leave on a reduced leave schedule, 
for a reason described in section 843, subsection 4, paragraph A, 0 or E that is 
foreseeable based on planned medical treatment, the employer may require such 
employee to transfer temporarily to an available alternative position offered by the 
employer for which the employee is qualified and that: 
(I) Has equivalent pay and benefits; and 
ill Better accommodates recurring periods of leave than the regt~lar employment 
position of the employee. 
SUMMARY 
This bill amends the family medical leave laws to provide for intermittent leave as is 
provided under the federal Family and Medical Leave Act of 1993.