An Act Regarding the Laws Governing Unemployment Compensation Benefits for Employees of Temporary Staffing Agencies
Maine Legislature, Session 126, LD 0159
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK, CUSHING, CLEVELAND, WOODBURY
Amends: 26 MRSA §1193

Legislative Document 
No. 159 
H.P. 134 
House of Representatives, January 31, 2013 
An Act Regarding the Laws Governing Unemployment 
Compensation Benefits for Employees of Temporary Staffing 
Agencies 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative VOLK of Scarborough. 
Cosponsored by Senator CUSHING of Penobscot and 
Senators: CLEVELAND of Androscoggin, WOODBURY of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §1193, sub-§1, as amended by PL 2009, c. 33, §1, is further 
amended to read: 
1.  Voluntarily leaves work.  
A.  For the week in which the claimant left regular employment voluntarily without 
good cause attributable to that employment.  The disqualification continues until the 
claimant has earned 4 times the claimant's weekly benefit amount in employment by 
an employer.  A claimant may not be disqualified under this paragraph if: 
(1)  The leaving was caused by the illness or disability of the claimant or an 
immediate family member and the claimant took all reasonable precautions to 
protect the claimant's employment status by promptly notifying the employer of 
the need for time off, a change or reduction in hours or a shift change and being 
advised by the employer that the time off or change or reduction in hours or shift 
change cannot or will not be accommodated; 
(2)  The leaving was necessary to accompany, follow or join the claimant's 
spouse in a new place of residence, and the claimant is in all respects able, 
available and actively seeking suitable work; 
(3)  The leaving was in good faith in order to accept new employment on a 
permanent full-time basis and the new employment did not materialize for 
reasons attributable to the new employing unit; 
(4)  The leaving was necessary to protect the claimant or any member of the 
claimant's immediate family from domestic abuse or the leaving was due to 
domestic violence that caused the claimant reasonably to believe that the 
claimant's continued employment would jeopardize the safety of the claimant or 
any member of the claimant's immediate family and the claimant made all 
reasonable efforts to preserve the employment; or 
(5)  The claimant's employer announced in writing to employees that it planned 
to reduce the work force through a layoff or reduction in force and that 
employees may offer to be among those included in the layoff or reduction in 
force, at which time the claimant offered to be one of the employees included in 
the layoff or reduction in force and the claimant's employer accepted the 
claimant's offer, thereby ending the employment relationship. 
Separation from employment based on the compelling family reasons in 
subparagraphs (1), (2) and (4) does not result in disqualification. 
B.  For the duration of his the claimant's unemployment period subsequent to his the 
claimant's having retired; or having been retired from his the claimant's regular 
employment as a result of a recognized employer policy or program, under which he 
the claimant is entitled to receive pension payments, if so found by the deputy, and 
disqualification shall continue continues until the claimant has earned 6 times his the 
claimant's weekly benefit amount in employment by an employer; 
C.  For the duration of an unpaid voluntary leave of absence or sabbatical leave that 
has been mutually agreed to by the employee and the employer. 
For the purposes of this subsection, a temporary employee leaves employment voluntarily 
without good cause when that temporary employee fails to contact the employee's 
temporary staffing agency upon completion of the employee's most recent work 
assignment to seek additional work, unless good cause is shown for that failure, as long 
as the temporary staffing agency gives prior written notice to the employee that the 
employee is required to contact the agency at the completion of the most recent work 
assignment to seek additional work. 
SUMMARY 
This bill specifies that, for purposes of unemployment compensation benefit 
eligibility, the failure of a temporary employee to contact the temporary staffing agency 
upon completion of a work assignment to seek additional work is considered a voluntary 
job separation, as long as the temporary staffing agency gives prior written notice of this 
requirement to the individual.