An Act To Revise Maine's Unemployment Compensation Laws
Maine Legislature, Session 126, LD 1250
Committee Amendment CA_A_H160 (House)
Amends: 26 MRSA §1221

COMMITTEE AMENDMENT "A" to H.P. 884, L.D. 1250, Bill, "An Act To 
Revise Maine's Unemployment Compensation Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §1221, sub-§3, ~A, as amended by PL 2005, c. 40, §1, is 
further amended to read: 
A. At the time the status of an employing unit is ascertained to be that of an 
employer, the commissioner shall establish and maintain, until the employer status is 
terminated, for the employer an experience rating record, to which are credited all the 
contributions that the employer pays on the employer's own behalf. This chapter may 
not be construed to grant any employer or individuals in the employer's service prior 
claims or rights to the amounts paid by the employer into the fund. Benefits paid to 
an eligible individual under the Maine Employment Security Law must be charged 
against the experience rating record of the claimant's most recent subject employer or 
to the General Fund if the otherwise chargeable experience rating record is that of an 
employer whose status as such has been terminated; except that no charge may be 
made to an individual employer but must be made to the General Fund if the 
commission finds that: 
(1) 
The claimant's separation from the claimant's last employer was for 
misconduct in connection with the claimant's employment or was voluntary 
without good cause attributable to the employer; 
(2) The claimant has refused to accept reemployment in suitable work when 
offered by a previous employer, without good cause attributable to the employer; 
(3) Benefits paid are not chargeable against any employer's experience rating 
record in accordance with section 1194, subsection 11, paragraphs Band C; 
(5) Reimbursements are made to a state, the Virgin Islands or Canada for 
benefits paid to a claimant under a reciprocal benefits arrangement as authorized 
in section 1082, subsection 12, as long as the wages of the claimant transferred to 
COMMITTEE AMENDMENT 
~~'O 
, 
2~"'" 
COMMITTEE AMENDMENT "A "to H.P. 884, L.D. 1250 
the other state, the Virgin Islands or Canada under such an arrangement are less 
than the amount of wages for insured work required for benefit purposes by 
section 1192, subsection 5; 
(6) The claimant was hired by the claimant's last employer to fill a position left 
open by a Legislator given a leave of absence under chapter 7, subchapter 5-A, 
and the claimant's separation from this employer was because the employer 
restored the Legislator to the position after the Legislator's leave of absence as 
required by chapter 7, subchapter 5-A; Sf 
(7) The claimant was hired by the claimant's last employer to fill a position left 
open by an individual who left to enter active duty in the United States military, 
and the claimant's separation from this employer was because the employer 
restored the military serviceperson to the person's former employment upon 
separation from military service~; or 
(8) The claimant was hired by the claimant's last employer to fill a position left 
open by an individual given a leave of absence for family medical leave provided 
under Maine or federal law. and the claimant's separation from this employer was 
because the employer restored the individual to the position at the completion of 
the leave.' 
SUMMARY 
This amendment fulfills the intent of the bill by expanding the current exceptions 
under which no unemployment benefit charges are made to an individual employer's 
experience rating record to include a situation in which the employer hired an individual 
to temporarily cover a position vacant due to a leave of absence for family medical leave 
provided under Maine or federal law and the claimant's employment was subsequently 
terminated when the permanent employee returned at the completion of the leave of 
absence. Any unemployment benefits paid out as a result of this type of job separation 
would be charged to the General Fund within the Unemployment Trust Fund. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 05/08/13 Mac 
LD 1250 
LR 1480(02) 
An Act To Revise Maine's Unemployment Compensation Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'n' (11- //.pO) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined current biennium cost increase - Other Funds 
Undetermined current biennium savings - All Funds 
Expanding the current exceptions under which no unemployment benefit charges are made to an individual employer's 
experience rating record to include a situation where a temporary replacement worker who is hired when a permanent 
employee is given a leave of absence under the Family Medical Leave Act and is subsequently laid-off when the 
permanent worker returns to work is not expected to have a significant impact to the Unemployment Compensation 
Trust Fund or the contribution rate schedule currently in effect. 
This legislation will relieve the State of Maine, as a direct reimbursement employer, from unemployment costs under 
circumstances where a permanent employee who was given a leave of absence under the Family Medical Leave Act 
returns to work and causes the temporary replacement worker to be laid-off. The projected savings from this proposed 
exception can note be determined at this time. 
LR1480(02) - Fiscal Note - Page 1 of 1