An Act To Care for Working Families
Maine Legislature, Session 123, LD 1454
House Amendment HA_C_H748 (House)
Amends: 26 MRSA §637

HOUSE AMENDMENT '0" to H.P. 1024, L.D. 1454, Bill, "An Act To Care for 
Working Families" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §637 is enacted to read: 
§637. Earned paid sick days 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Earned paid sick day" means compensated leave provided by an employer to an 
employee as a benefit of the employment for use by the employee during an absence 
from the employment due to the illness of the employee or the illness of an 
immediate family member. "Earned paid sick day" does not include paid short-term 
or long-term disability benefits or other types of disability benefits. 
B. 
"Employee" means a person who has been employed by an employer for 6 
consecutive months and who has worked at least an average of 24 hours a week for 
that employer during that 6-month period. 
C. "Employer" means a public or private employer with 25 or more employees. 
D. "Immediate family member" means an employee's minor child, domestic partner, 
spouse or parent for whom the employee has caregiving responsibility. 
2. Election of time; amount; process. When an employee has completed 6 months 
of employment, the employer shall provide 3 earned paid sick days to the employee and 
shall provide 3 earned paid sick days annually from that date. An earned paid sick day 
may be used only within 12 months from the date it is earned. 
3. Exclusion. An employer providing an employee with compensated leave that 
may be used by the employee to recover from an illness or care for an ill immediate 
family member and that is equal to or greater in amount than the earned paid sick day 
described in subsection 1, paragraph A has satisfied all of the obligations imposed by this 
section. 
HOUSE AMENDMENT 
~~. 
~. 
HOUSE AMENDMENT "c,. .. to H.P. 1024, L.D. 1454 
4. 
Relationship to collective bargaining. 
This section applies to employees 
covered by a collective bargaining agreement unless the agreement provides paid sick 
leave benefits that are equal to or greater than those provided in this section. 
5. Enforcement; rules. 
The Department of Labor shall adopt rules to implement 
and enforce the provisions of this section and to provide for reinstatement, back payor 
other equitable remedies for violations of this section. The rules may also set forth 
procedures for the receipt, investigation and prosecution of complaints brought under this 
section. Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 2. Report. The Department of Labor shall report no later than January IS, 
2013 to the joint standing committee of the Legislature having jurisdiction over labor 
matters on the effect of the earned paid sick day provisions of the Maine Revised 
Statutes, Title 26, section 637 on businesses in this State. The Department of Labor shall 
report no later than January 15, 2015 to the joint standing committee of the Legislature 
having jurisdiction over labor matters on the effect of the earned paid sick day provisions 
of Title 26, section 637 on businesses in this State and whether this provision of law 
should be repealed. The joint standing committee of the Legislature having jurisdiction 
over labor matters may submit legislation concerning earned paid sick days to the First 
Regular Session of the 127th Legislature.' 
SUMMARY 
This amendment replaces the bill. It reduces the amount of paid sick leave required 
to be provided by employers. The amendment requires an employer to give 3 earned paid 
sick days to any employee who has been employed for 6 months and 3 earned paid sick 
days annually thereafter. A sick day may be used only within 12 months from the date it 
is earned. Earned paid sick days may be used by an employee during an absence from 
employment due to the illness of the employee or the illness of an immediate family 
member. 
The amendment also requires the Department of Labor to report no later than January 
15, 2013 to the joint standing committee of the Legislature having jurisdiction over labor 
matters on the effect of the earned paid sick day provisions of the Maine Revised 
Statutes, Title 26, section 637 on businesses in this State. It requires the Department of 
Labor to report no later than January 15, 2015 to the joint standing committee of the 
Legislature having jurisdiction over labor matters on the effect of the earned paid sick day 
provisions of Title 26, section 637 on businesses in this State and whether this provision 
of law should be repealed. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: ;/~ 
(Representative ~TLE) 
TOWN: Sanford 
L 
HOUSE AMENDMENT 
Fiscal Detail and Notes 
Approved: 0311 1108 
~ac:.. 
LD 1454 
LR 1624(07) 
An Act To Care for Working Families 
Fiscal Note for House Amendment "e." 
Sponsor: Rep. Tuttle of Sanford 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Center for Workforce Research and Information within the Department of Labor to report to 
the joint standing committee of the 126th Legislature and the 127th Legislature having jurisdiction over labor matters 
on the impact of this legislation on businesses in the State can be absorbed within existing budgeted resources. 
LR1624(07) - Fiscal Note - Page 1 of 1