An Act To Give Flexibility to Employees and Employers for Temporary Layoffs
Maine Legislature, Session 128, LD 0700
Committee Amendment CA_A_H749 (House)
Amends: 26 MRSA §1192

COMMITTEE AMENDMENT "H "to H.P. 491, L.D. 700, Bill, "An Act To Give 
Flexibility to Employees and Employers for Temporary Layoffs" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the number of individuals about to enter temporary unemployment in the 
State is due to increase dramatically, based on cyclical data from the Department of 
Labor; and 
Whereas, the provisions in this legislation provide additional relief for individuals 
entering temporary unemployment with a definite recall date from their employer; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
1Sec. 1. 26 MRSA §1192, sub-§3, as amended by PL 2007, c. 352, Pt. C, §1, is 
further amended to read: 
3. Is able and available for work. The individual is able to work and is available 
for full-time work at the individual's usual or customary trade, occupation, profession or 
business or in' such other trade, occupation, profession or business for which the 
individual's prior training or experience shows the individual to be fitted or qualified. as 
long as the geographic region in which the work will take place is not greater than 35 
miles from the individual's primary residence; and in addition to having complied with 
subsection 2 is actively seeking work in accordance with the regulations of the 
commission; provided that no ineligibility may be found solely because the claimant is 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "Pr" to H.P. 491, L.D. 700 
unable to accept employment on a shift, the greater part of which falls between the hours 
of midnight to 5 a.m., and is unavailable for that employment because of parental 
obligation, the need to care for an immediate family member, or the unavailability of a 
personal care attendant required to assist the unemployed individual who is a 
handicapped person; and provided that an unemployed individual who is neither able nor 
available for work due to good cause as determined by the deputy is eligible to receive 
prorated benefits for that portion of the week during which the individual was able and 
available. 
A. Notwithstanding this subsection, beginning January 1, 2004, an individual who is 
not available for fulUime work as required in this subsection is not disqualified from 
receiving benefits if: 
(1) The individual worked less than full time for a majority of the weeks during 
that individual's base period and the individual is able and available for and 
actively seeking part-time work for at least the number of hours in a week 
comparable to those customarily worked in part-time employment during that 
individual's base period; or 
(2) The individual worked full time for a majority of the weeks during that 
individual's base period, but is able and available for and actively seeking only 
part-time work because of the illness or disability of an immediate family 
member or because of limitations necessary for the safety or protection of the 
individual or individual's immediate family member. 
Sec. 2. 26 MRSA §1192, sub-§12, as amended by PL 2011, c. 645, §3, is further 
amended to read: 
12. Participation in reemployment services. The individual who has been referred 
to reemployment services, pursuant to a profiling system established by the 
commissioner, participates in those services or similar services unless it is determined 
that the individual has completed those services or there is good cause for the individual's 
failure to participate; at*1 
Sec. 3. 26 MRSA §1192, sub-§13, as amended by PL 2017, c. 117, §5, is further 
amended to read: 
13. Reemployment services and eligibility assessment; participation. In the case 
that the individual has been refetTed to reemployment services and eligibility assessment 
by the Department of Labor, the individual participates in those services, unless the 
department determines there is good cause for the individual's failure to participate. 
Failure to participate in reemployment services and eligibility assessment without good 
cause results in a denial of benefits until the individual participates .. ; and 
Sec. 4. 26 MRSA §1192, sub-§14 is enacted to read: 
14. 
Temporary unemployment; work search. 
Notwithstanding any other 
provisions of this chapter to the contrary. any otherwise eligible individual who is 
temporarily laid off by an employer that has given that individual a definite recall date 
may not be denied benefits for any week based on the individual's failure to meet the 
requirements of subsection 2 or 3 for a period of 6 weeks during that temporary layoff, so 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT li "to H.P. 491, L.D. 700 
long as the individual remains in contact with and able and available to work for that 
employer. 
An individual may not receive more than 6 weeks of benefits in a benefit year pursuant to 
this subsection unless approved by the Department of Labor. 
Sec. 5. 26 MRSA §1192, last 1, as enacted by PL 2011, c. 645, §5, is amended to 
read: 
For purposes of subsections 2, 3, 12 and 13, "good cause" means the unemployed 
individual is ill; the presence of the unemployed individual is required due to an illness of 
the unemployed individual's spouse, children, parents, stepparents, brothers or sisters, or 
relatives who have been acting in the capacity of a parent of either the unemployed 
individual or the unemployed individual's spouse; the unemployed individual is in 
attendance at the funeral of such a relative; the unemployed individual is observing a 
religious holiday as required by religious conviction; the unemployed individual is 
performing either a military or civil duty as required by law; or other cause of a 
necessitous and compelling nature, including child care emergencies and transportation 
emergencies. If an unemployed individual has completed reemployment services and 
eligibility assessment with the Department of Labor within the prior 5 years, that 
individual is considered to have good cause for not participating in reemployment 
services and eligibility assessment under subsections 12 and 13. "Good cause" does not 
include incarceration as a result of a conviction for a felony or misdemeanor. 
Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Employment Security Services 0245 
Initiative: Allocates one-time funds for the cost of making computer programming 
updates to implement changes to the eligibility requirements for unemployment benefits. 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2017-18 
$71,200 
$71,200 
2018-19 
$0 
$0 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment strikes and replaces the bill. It creates an exemption from the 
eligibility requirements for unemployment benefits dealing with work search for an 
individual otherwise eligible for unemployment benefits when that individual has been 
temporarily laid off with a definite recall date for a period of 6 weeks during that 
temporary layoff, as long as the individual remains in contact with and is able and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT/{" to H.P. 491, L.D. 700 
available to work for that employer. Use of this exemption beyond 6 weeks total in a 
benefit year requires approval by the Department of Labor. 
The amendment limits the area in which an individual must be able and available to 
work to a geographic area that is not more than 35 miles from the individual's residence, 
and it limits the reemployment services and eligibility assessment requirements to 
individuals who have not completed those requirements in the prior 5 years. It also adds 
an emergency preamble and clause and an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/06/18 feac 
LD700 
LR 1227(02) 
An Act To Give Flexibility to Employees and Employers for Temporary Layoffs 
) 
Fiscal Note for Bill as Amended by Committee Amendment '/f' ( H -r; lf.9 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Unemployment Trust Fund 
Potential future biennium revenue increase - Unemployment Trust Fund 
FY 2017-18 
FY 2018-19 
Projections 
FY 2019-20 
Projections 
FY 2020-21 
Appropriations/ Allocations 
Federal Expenditures Fund 
Fiscal Detail and Notes 
$71,200 
$0 
$0 
This bill includes a one-time Federal Expenditures Fund allocation of$71,200 in fiscal year 2017-18 to the 
Employment Security Services program within the Department of Labor for the cost of making computer 
programming updates to implement changes to eligibility requirements for unemployment benefits. 
Creating exemptions from eligibility requirements individuals must meet to qualify for unemployment benefits will 
increase costs to the Unemployment Trust Fund within the Department of Labor beginning in fiscal year 2018-19. 
$0 
The department estimates the cost to be between $3.8 million and $43.2 million per year in benefits being paid to 
individuals not actively searching for work and potentially not returning to work as soon as they would have had the 
exemptions not been in place. The actual impact to the Trust Fm1d will depend on the number of individuals who take 
advantage of the exemptions. 
Higher benefit costs may impact future employer contribution rates if the impact to the Trust Fund results in a higher 
contribution rate schedule. The contribution rate schedule formula uses the balance of the Unemployment Trust Fund 
as of September 30 as a factor in detennining whether a change in the contribution rate schedule is required. Such a 
change would bring in an estimated $18.0 million annually from employers. 
LR1227(02) - Fiscal Note - Page 1 of 1