An Act To Give Flexibility to Employees and Employers for Temporary Layoffs
Maine Legislature, Session 128, LD 0700
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PARRY, BELLOWS, BERRY, DEVIN, FECTEAU, SANDERSON, COLLINS
Amends: 26 MRSA §1192

Legislative Document
No. 700
H.P. 491
House of Representatives, February 28, 2017
An Act To Give Flexibility to Employees and Employers for 
Temporary Layoffs
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PARRY of Arundel.
Cosponsored by Senator BELLOWS of Kennebec and
Representatives: BERRY of Bowdoinham, DEVIN of Newcastle, FECTEAU of Biddeford, 
SANDERSON of Chelsea, Senator: COLLINS of York.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §1192, sub-§2, as amended by PL 2013, c. 314, §1, is further 
amended to read: 
2.  Has registered for work.  The individual has registered for work at, and 
continued to report at, an employment office in accordance with rules the commission 
adopts, except that the commission may, by rule, waive or alter either or both of the 
requirements of this subsection as to individuals attached to regular jobs and as to such 
other types of cases or situations with respect to which the commission finds that 
compliance with the requirements would be oppressive, or would be inconsistent with the 
purposes of this chapter.  A rule under this subsection may not conflict with section 1191, 
subsection 1. 
The individual must actively seek work each week in which a claim for benefits is filed 
unless the individual is participating in approved training under subsection 6, the 
individual is temporarily laid off under subsection 14 or work search has been waived in 
accordance with rules adopted by the commission and provide evidence of work search 
efforts in a manner and form as prescribed by the Department of Labor.  Failure to 
provide required work search documentation results in a denial of benefits in accordance 
with section 1194, subsection 2 for the week or weeks for which no documentation was 
provided unless the department determines there is good cause for the individual's failure 
to comply with this requirement; 
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; and 
Sec. 3.  26 MRSA §1192, sub-§13, as enacted by PL 2011, c. 645, §4, is amended 
to read: 
13.  Reemployment eligibility assessment services; participation.  In the case that 
the individual has been referred to reemployment eligibility assessment services 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 eligibility assessment services 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 layoffs.  Notwithstanding any other provisions of this chapter, any 
otherwise eligible claimant who is temporarily laid off by an employer that has given that 
individual a definite recall date of not more than 12 weeks from the date of the 
individual's temporary layoff may not be denied benefits for any week with respect to 
subsection 2 or 3, relating to work search requirements, for the duration of that temporary 
layoff, so long as the recall date is confirmed by the employer. 
SUMMARY 
This bill 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 of 
not more than 12 weeks from the date of the individual's temporary layoff.