An Act To Create the Maine Family First Employer Award
Maine Legislature, Session 128, LD 1378
Committee: Labor, Commerce, Research and Economic Development
Sponsors: HERBIG, VOLK, GIDEON, MASTRACCIO, SANBORN, VACHON, BREEN, DESCHAMBAULT, MAKER, ROSEN
Amends: 26 MRSA §10

Legislative Document
No. 1378
H.P. 957
House of Representatives, April 11, 2017
An Act To Create the Maine Family First Employer Award
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HERBIG of Belfast.
Cosponsored by Senator VOLK of Cumberland and
Representatives: Speaker GIDEON of Freeport, MASTRACCIO of Sanford, SANBORN of 
Portland, VACHON of Scarborough, Senators: BREEN of Cumberland, DESCHAMBAULT 
of York, MAKER of Washington, ROSEN of Hancock.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §10 is enacted to read: 
§10.  Maine Family First Employer Program 
1.  Maine Family First Employer Program.  The Maine Family First Employer 
Program, referred to in this section as "the program," is established within the department 
to award a designation to an employer who meets the criteria under subsection 3. 
2.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Department" means the Department of Labor. 
B.  "Designation" means designation as a Maine family first employer. 
C.  "Employer" means a person engaged in business in the State that employs full 
time one or more persons.  "Employer" includes the State and any political 
subdivision with one or more employees. 
3.  Program criteria.  Criteria for the program include for all full-time employees: 
A.  The employer demonstrates that an employee, including a woman, person of color 
and person with a disability, has an equal opportunity to advance to a leadership 
position as provided in Title 5, chapter 337, subchapter 3; 
B.  The employer provides an employee with access to, or the opportunity to take 
time off for, mentorship training or leadership opportunities to assist in advancing to 
leadership positions; 
C.  The employer demonstrates that it does not pay different wage rates to employees 
for substantially similar work when viewed as a composite of skill, effort and 
responsibility and is performed under the same working conditions, as provided in 
Title 5, chapter 337, subchapter 3, except when the wage rate difference is based 
upon one of the following: 
(1)  A seniority system; 
(2)  A merit system; 
(3)  A system that measures earnings by quantity or quality of production; or 
(4)  A bona fide reason, other than race, gender, ethnicity or national origin, such 
as education, training and experience; 
D.  The employer makes a child care stipend, facility or service available to an 
employee or qualifies for the federal credit for an employer-provided child care tax 
credit under 26 United States Code, Section 45F; 
E.  The employer provides an employee at least 2 weeks' paid leave in addition to 
other sick or vacation time that an employee may accrue for the birth or adoption of 
the employee's child, medical care of that employee and, if possible, medical care of a 
family member of that employee; 
F.  The employer provides an employee with flexible work arrangements to 
accommodate important family obligations of the employee; 
G.  The employer provides health insurance options for or contributes to the health 
insurance costs of all employees and dependents of employees; and 
H.  The employer contributes to an employee's retirement benefit plan at a level equal 
to or greater than the minimum contribution required for an employee to participate 
in the retirement plan. 
4.  Program procedures.  The department shall establish procedures by rule for the 
program by which an employer may apply for and be awarded a designation for a 3-year 
period.  The application for the designation must include the following: 
A.  The employer's name, address and description of the type of business, industry or 
department in which the employer is engaged; 
B.  Evidence that the employer meets at least 4 of the requirements under subsection 
3; and 
C.  The signature of the owner, manager, chief executive officer, supervisor or 
department head of the employer, or the owner's, manager's, chief executive officer's, 
supervisor's or department head's designee, attesting that the information provided in 
the application is valid.  The department may revoke a designation if an employer 
knowingly provides false information on the application. 
5.  Determination of designation.  The department shall review all applications to 
determine eligibility for a designation.  If an employer meets all of the criteria in 
subsection 3, the employer is entitled to a platinum designation.  If an employer meets at 
least 4 but not all of the requirements in subsection 3, the employer is entitled to a gold 
designation. 
6.  Award of the designation; logo.  The Governor shall award in writing or 
electronically the designation to an employer that the department has determined is 
entitled to a designation under subsection 5. The department shall create a logo to be 
included in the awarding of the designation that an employer that is awarded a 
designation may use for promotional purposes.  A person who has not received a 
designation under this subsection may not use the logo for any purpose. 
7.  List of designated employers.  The department shall publish a list of all currently 
designated employers under subsection 5 on the department's publicly accessible website.  
The department shall update the list at least 3 times per year. 
8.  Rules.  The department may adopt routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A to carry out the purposes of this section. 
SUMMARY 
This bill creates the Maine Family First Employer Program under the Department of 
Labor to award employers that provide family-friendly workplaces that provide, for all 
full-time employees, advancement and leadership opportunities; the same pay rates for 
similar work; stipends or assistance for child care; paid leave for child birth or adoption 
and medical care for the employee or family member; flexible work accommodations for 
other important family obligations; and health insurance and retirement plan options. The 
awards are presented by the Governor and come with a logo that a designated employer 
may use for promotional purposes.