An Act To Prevent the Spread of H I N I
Maine Legislature, Session 124, LD 1665
Committee Amendment CA_A_S470 (Senate)
Amends: 26 MRSA §637

COMMITTEE AMENDMENT "A " to S.P. 630, L.D. 1665, Bill, "An Act To 
Prevent the Spread of H I N I" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Sicl< Workers and the Public' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §637 is enacted to read: 
§637. Absence for illness 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Employee" means a person who may be permitted, required or directed by an 
employer in consideration of direct or indirect gain or profit to engage in any 
employment but does not include an independent contractor. 
B. 
"Employer" means any private or public employer, including the State and 
political subdivisions of the State. 
C. "Family member" means an employee's child, spouse, parent or domestic partner 
as defined in section 843, subsection 7. 
D. "Illness" means a physical or mental illness, injury or medical condition. 
2. Prohibition against discharge or disciplinary action. An employer may not 
discharge, demote, suspend, discipline or otherwise discriminate against an employee or 
threaten to take any of these actions against an employee because of the employee's 
absence, up to 5 days in a 12-month period, from the employee's regular work hours if the 
absence is due to illness of the employee or of a family member of the employee or 
Page I - I24LR2134(02)-I 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 630, L.D. 1665 
because the employee otherwise exercises rights granted under this section, including, but 
not limited to, actions taken in order to enforce this section pursuant to subsection 6. 
Nothing in this section prohibits an employer from taking employment action against an 
employee for an absence from work that is not protected by this section or other 
applicable law. An employer may adopt reasonable written policies, in accordance with 
rules of the Department of Labor, regarding implementation of this section. 
3. Notification. An employee shall make reasonable efforts to notify the employer 
when the employee will not report to work at the appointed time due to illness. 
4. 
Equivalent compensation. 
An employer providing an employee with 
compensated leave without penalty for reasons consistent with this section that is 
immediately available to the employee at the time of an illness and is equal to or greater 
than the protection provided in this section is deemed to have satisfied all of the 
obligations imposed by this section. 
5. 
Relationship to collective bargaining. 
This section applies to employees 
covered by a collective bargaining agreement unless the agreement provides 
uncompensated or compensated leave that may be used without penalty for reasons 
consistent with this section and that is immediately available to the employee at the time 
of an illness and is equal to or greater than the protection provided in this section. 
6. Enforcement. A civil action may be brought in the appropriate court by an 
employee against an employer to enforce this section. 
A. The court may enjoin any act or practice that violates or may violate this section 
and may order any other equitable relief that is necessary and appropriate to redress 
the violation or to enforce this section. The court also may: 
(1) Award damages equal to the wages, salary, employment benefits or other 
compensation denied or lost to the employee by reason of the violation; or 
(2) Order the employer to pay liquidated damages of $100 to the employee for 
each day that the violation continued. 
B. The court also may order the employer to pay an additional amount as liquidated 
damages equal to the amount awarded under paragraph A if the employee proves to 
the satisfaction of the court that the employer's violation was willful. 
C. 
In any action brought pursuant to this section, in addition to any judgment 
awarded to the employee, the court shall award reasonable attorney's fees and other 
costs of the action to be paid by the employer. 
7. Rules. The Department of Labor shall adopt rules to implement and enforce the 
provisions of this section. Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment prohibits an employer from discharging, demoting, suspending, 
disciplining or discriminating against an employee who misses work or comes to work 
late for no more than 5 days in 12 months due to illness of the employee or of a family 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "ft" to S.P. 630, L.D. 1665 
member of the employee. The employee must make reasonable efforts to notify the 
employer at the time of the illness. The amendment does not prohibit an employer from 
taking employment action against an employee for taking time off that is not protected by 
this or other applicable law. 
The Department of Labor is required to adopt routine 
technical rules to implement this provision. 
The employee may seek relief from a 
violation of this provision by bringing a civil action in the appropriate court. 
FISCAL ~OTE R£QlIRED 
~ee ~nache~t 
COMMITTEE AMENDMENT 
Approved: 03/24/1 0 
fra~ 
LD 1665 
LR 2134(02) 
An Act To Prevent the Spread ofHlNl 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Flmd 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Labor associated with mlemaking can be absorbed within existing budgeted 
resources. 
LR2134(02) Fiscal Note - Page 1 of 1 
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