An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take Necessary Leave from Employment
Maine Legislature, Session 127, LD 0921
Committee Amendment CA_B_H240 (House)
Amends: 26 MRSA §850

COMMITTEE AMENDMENT ,~" to H.P. 640, L.D. 921, Bill, "An Act To 
Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take 
Necessary Leave from Employment" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §850, sub-§3, as enacted by PL 1999, c. 435, §1, is amended 
to read: 
3. Penalties. +fie If notice of a violation ofthis section is given to the employer and 
the Department of Labor within 6 months of the occurrence, the Department of Labor 
may assess eWH penalties of up to $200 for eaoh violation of this section, if notice of the 
violation was given to the employer and the department "/ithin 6 months of the 
occurrence. as follows: 
A. For denial of leave in violation of this section, a fine of up to $1,000 for each 
violation of this section may be assessed. A fine assessed under this paragraph must 
be paid to the Treasurer of State. Additionally, the employer shall pay liquidated 
damages to the affected individual in an amount equal to 3 times the amount of total 
assessed fines; and 
B. For termination in connection with an individual exercising a right granted by this 
section, the affected individual may elect to receive: 
(1) Liquidated damages pursuant to paragraph A; or 
(2) Reemployment with the employer with back wages. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 0159 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT ,,~, to H.P. 640, L.D. 921 
Initiative: Provides funds for a half-time Labor and Safety Inspector position and related 
All Other costs associated with the additional enforcement requirements. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2015-16 
2016-17 
0.500 
0.500 
$23,867 
$32,372 
$22,600 
$22,600 
$46,467 
$54,972 
This amendment, which is the minority report of the Joint Standing Committee on 
Labor, Commerce, Research and Economic Development, strikes the bill and replaces it 
with changes to the penalties that may be assessed for violations of the employment leave 
for victims of violence law, as follows, 
1, It increases the fine from up to $200 per violation to up to $1,000 pel' violation 
and provides that the fine applies only to denials of leave in violation of the law. 
2, It provides that, for denial of leave in violation of the law, the employer must pay 
the affected individual an amount 3 times the total assessed fines, 
3, It provides that, for termination in connection with exercising a right granted 
under the law, the affected individual may choose either to receive an amount 3 times the 
total assessed fines or reemployment with the employer with back wages, 
The amendment also adds an appropriations and allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/22/15 
:1dac 
LD921 
LR 1243(02) 
An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take 
Necessary Leave from Employment 
Fiscal Note for Bill as Amended by Committee Amendment 13 (H- "';1.Y-o ) 
Committee: Labor, Commerce, Research and Economic Development 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - General Fund 
FY 2015-16 
FY 2016-17 
$46,467 
$54,972 
$46,467 
$54,972 
Projections 
FY 2017-18 
$56,267 
$56,267 
Projections 
FY 2018-19 
$57,614 
$57,614 
This bill includes General Fund appropriations of $46,467 in fiscal year 2015-16 and $54,972 in fiscal year 2016-17 
to the Regulation and Enforcement pro grain within the Department of Labor for one half-time Labor and Safety 
Inspector position and related All Other costs associated with the additional enforcement activity expected to occur as 
a result of this legislation. 
According to the Department of Labor, increasing the penalty to employers that violate the employment leave for 
victims of violence law to include the requirement that employers pay liquidated damages or reinstate affected 
individuals with back wages if that individual was tenninated will result in more complaints being filed that will 
require more enforcement activity by the Bureau of Labor Standards. 
Increasing the penalty that may be assessed for a violation from $200 per violation to $1,000 per violation may result 
in increased General Fund revenue from penalties. The amount will depend on actual experience. 
LR1243(02) - Fiscal Note - Page 1 of 1