An Act To Support Healthy Workplaces and Healthy Families by Providing Paid Sick Leave to Certain Employees
Maine Legislature, Session 128, LD 1159
Committee: Labor, Commerce, Research and Economic Development
Sponsors: MILLETT, FECTEAU, BELLOWS, CHENETTE, JACKSON, LIBBY, BERRY, HUBBELL, MASTRACCIO
Amends: 26 MRSA §636

Legislative Document
No. 1159
S.P. 380
In Senate, March 23, 2017
An Act To Support Healthy Workplaces and Healthy Families by 
Providing Paid Sick Leave to Certain Employees
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Cosponsored by Representative FECTEAU of Biddeford and
Senators: BELLOWS of Kennebec, CHENETTE of York, JACKSON of Aroostook, LIBBY of 
Androscoggin, Representatives: BERRY of Bowdoinham, HUBBELL of Bar Harbor, 
MASTRACCIO of Sanford.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §636, sub-§2, as enacted by PL 2005, c. 455, §1, is amended to 
read: 
2.  Use of paid leave.  If an employer, under the terms of a collective bargaining 
agreement or employment policy, provides paid leave, then the employer shall allow an 
employee to use the paid leave for the care of an immediate family member who is ill as 
provided in this section, except that an employee entitled to use paid sick leave pursuant 
to section 637 may also use that paid leave to care for a family member who is not an 
immediate family member. 
Sec. 2.  26 MRSA §§637 and 637-A are enacted to read: 
§637.  Paid sick leave 
An employer that employs 50 or more employees shall provide to each employee 
paid sick leave as provided by this section. 
1.  Eligibility.  An employee who works for 30 or more days in a one-year period is 
eligible to use paid sick leave accrued pursuant to this section.  
2.  Accrual.  An employee entitled to paid sick leave under this section accrues such 
leave at a rate of no less than one hour of sick leave for every 30 hours worked.  Accrual 
begins at the start of employment, but the employer is not required to permit use of the 
leave before an employee has been employed for 90 days.  The employer shall permit an 
employee to carry forward at least 40 hours of accrued sick leave to the following year, 
but an employer is not required to allow the use of more than 40 hours of paid sick leave 
in one year. 
3.  Use of accrued sick leave.  Accrued paid sick leave may be used, upon oral or 
written notice to the employer, for the following: 
A.  Diagnosis, care or treatment of an existing health condition of or preventative 
care for the employee or a member of the employee's family; and 
B.  Leave for an employee when the employee or a family member of the employee is 
a victim of domestic abuse, sexual assault or stalking. 
An employee is not required to secure a substitute when that employee uses paid sick 
leave. 
4.  Exceptions.  This section does not apply to an employee covered by a collective 
bargaining agreement or to an individual employed by a parent or spouse. 
5.  Enforcement; rules.  The Department of Labor shall adopt rules to implement 
and enforce the provisions of this section, including rules regarding 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. 
§637-A.  Unpaid sick leave 
An employer that employs fewer than 50 employees in the State shall implement a 
policy that allows an employee to accrue and use at least 40 hours of unpaid sick leave 
per year.  The employer's policy must be in accordance with the accrual of paid sick leave 
in section 637, subsection 2. 
Sec. 3.  Effective date.  This Act takes effect January 1, 2019. 
SUMMARY 
This bill creates a right to paid sick leave for employees not covered by a collective 
bargaining agreement who are employed by an employer that employs 50 or more 
employees.  It also creates a right to unpaid sick leave for employees of an employer that 
employs fewer than 50 employees.  This bill takes effect January 1, 2019.