An Act To Provide Economic Security to Maine Families through the Creation of a Paid Family Medical Leave System
Maine Legislature, Session 129, LD 0069
Committee: Labor and Housing
Sponsors: HERBIG, DAUGHTRY, JACKSON, LUCHINI, MOORE, POULIOT, ACKLEY, CUDDY, FECTEAU, HYMANSON
Amends: 26 MRSA §843, 26 MRSA §844, 26 MRSA §844-A, 26 MRSA §1082, 26 MRSA §1167

Legislative Document
No. 69
S.P. 22
In Senate, January 15, 2019
An Act To Provide Economic Security to Maine Families through 
the Creation of a Paid Family Medical Leave System
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HERBIG of Waldo.
Cosponsored by Representative DAUGHTRY of Brunswick and
Senators: President JACKSON of Aroostook, LUCHINI of Hancock, MOORE of Washington, 
POULIOT of Kennebec, Representatives: ACKLEY of Monmouth, CUDDY of Winterport, 
FECTEAU of Biddeford, HYMANSON of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §843, sub-§1-A is enacted to read:
1-A.  Bureau.  "Bureau" means the Bureau of Unemployment Compensation as 
defined in section 1043, subsection 5-A.
Sec. 2.  26 MRSA §843, sub-§3-A is enacted to read:
3-A.  Fund.  "Fund" means the Family Medical Leave Fund established in section 
1167.
Sec. 3.  26 MRSA §843, sub-§4, ¶D, as repealed and replaced by PL 2007, c. 
519, §1, is amended to read:
D.  A child, domestic partner's child, parent, domestic partner, sibling, parent-in-law, 
brother-in-law, sister-in-law or spouse with a serious health condition;
Sec. 4.  26 MRSA §843, sub-§4, ¶F, as amended by PL 2007, c. 519, §2, is 
further amended to read:
F.  The death or serious health condition of the employee's spouse, domestic partner, 
parent, sibling, parent-in-law, brother-in-law, sister-in-law or child if the spouse, 
domestic partner, parent, sibling, parent-in-law, brother-in-law, sister-in-law or child 
as a member of the state military forces, as defined in Title 37-B, section 102, or the 
United States Armed Forces, including the National Guard and Reserves, dies or 
incurs a serious health condition while on active duty.
Sec. 5.  26 MRSA §843, sub-§4-B, as enacted by PL 2007, c. 233, §1, is amended 
to read:
4-B.  Reduced leave schedule.  "Reduced leave schedule" means a leave schedule 
that reduces the usual number of hours per workweek, or hours per workday, of an 
employee.
This subsection is repealed October 1, 2020.
Sec. 6.  26 MRSA §843, sub-§8, as enacted by PL 2007, c. 519, §3, is amended to 
read:
8.  Sibling.  "Sibling" means a sibling of an employee who is jointly responsible with 
the employee for each other's common welfare as evidenced by joint living arrangements 
and joint financial arrangements, including a half-sibling or step-sibling.  
Sec. 7.  26 MRSA §844, sub-§4 is enacted to read:
4.  Repeal.  This section is repealed October 1, 2020.
Sec. 8.  26 MRSA §844-A is enacted to read:
§844-A.  Family medical leave
1.  Family medical leave entitlement.  An employee of an employer that employs 15 
or more employees who has been employed by the same employer or a self-employed 
person who has made contributions under subsection 2 for 12 of the prior 18 months is 
entitled to benefits for up to 8 workweeks of family medical leave per year.  The 
following conditions apply to family medical leave benefits granted under this 
subchapter:
A.  Unless prevented by a medical emergency from giving notice, an employee shall 
provide at least 30 days' notice to the employee's employer and a self-employed 
person shall provide at least 30 days' notice to the bureau of the intended dates upon 
which family medical leave will commence and terminate; and
B.  An employee or self-employed person shall obtain certification from a physician 
to be submitted to the bureau pursuant to subsection 4 to verify the amount of leave 
requested by the employee or self-employed person, except that an employee or 
self-employed person who in good faith relies on treatment by prayer or spiritual 
means, in accordance with the tenets and practice of a recognized church or religious 
denomination, may submit certification from an accredited practitioner of those 
healing methods.
2.  Contribution.  An employee entitled to benefits under chapter 13 shall pay a 
contribution to the fund in an amount equal to a percentage of the employee's wages in 
accordance with the rate of contribution determined by the bureau in subsection 3.  The 
employer of the employee shall deduct the amount of the contribution from the 
employee's wages.  Contributions under this subsection become due and must be paid by 
each employer to the bureau for the fund on or before the last day of the month following 
the close of the calendar quarter to which the contributions relate. In the calculation of 
any contribution, a fractional part of a cent must be disregarded unless it amounts to 1/2¢ 
or more, in which case it must be increased to one cent.  A person who is self-employed 
may receive benefits from the fund upon application to the bureau and payment to the 
bureau of a contribution in the amount determined by the bureau under subsection 3.
3.  Rate of contribution.  The bureau shall calculate annually the rate of contribution 
pursuant to subsection 2 of an employee or self-employed person entitled to family 
medical leave.  The rate of contribution may not exceed 0.5% of an employee's gross 
wages or a self-employed person's gross earnings.  The bureau may employ a 3rd-party 
actuary or other qualified person to determine the rate of contribution necessary to 
properly administer the fund.
4.  Notice.  When an employee has notified an employer pursuant to subsection 1 of a 
circumstance allowing family medical leave, the employer shall report the notice to the 
bureau within the 7-day period immediately following the employer's receipt of the 
notice. Certification required under subsection 1, paragraph B must accompany the 
employer's report under this subsection or the self-employed person's notice under 
subsection 1. An employer or self-employed person shall also report the average weekly 
wages or earnings of the employee or self-employed person, pursuant to the calculation 
for an injured employee under Title 39-A, section 102, subsection 4, together with any 
other information required by the bureau. The statement must report the wages or 
earnings of the employee or self-employed person on a weekly basis, unless the employee 
or self-employed person is paid on other than a weekly basis, in which case the employer 
or self-employed person may report the wages or earnings on the same basis as wages or 
earnings are paid. A copy of the wage information must be mailed to the employee. If the 
bureau determines that a notice does not provide a circumstance allowing family medical 
leave under or is otherwise in violation of this subchapter, the bureau may not pay a 
benefit under subsection 5 and shall notify the employer and employee or self-employed 
person as soon as possible after the determination is made.
5.  Benefits.  The bureau shall pay from the fund a family medical leave benefit to an 
employee or self-employed person who pays a contribution under subsection 2 within a 
reasonable time after the bureau's receiving notice for that employee or from that self-
employed person under subsection 4. A benefit under this subsection must be 66% of the 
weekly wages or earnings of the employee or self-employed person, except that the 
benefit may not exceed the maximum benefit allowed under chapter 13.  If an employer 
provides a family medical leave benefit to an employee entitled to a benefit under this 
subchapter, the employee shall receive the greater of the employer-provided benefit and 
the benefit under this subsection.  If an employer provides a family medical leave benefit 
to an employee entitled to a benefit under this subchapter that is greater than the benefit 
calculated under this subsection, the bureau shall pay to the employer the benefit to which 
the employee is entitled as calculated under this subsection.
6.  Leave taken intermittently or on reduced leave schedule.  Intermittent or 
reduced leave schedule family medical leave may be taken subject to the following 
limitations.
A.   Leave for a reason described in section 843, subsection 4, paragraph B or C may 
not be taken by an employee intermittently or on a reduced leave schedule unless the 
employee and the employer agree otherwise. Subject to subsection 1, paragraphs A 
and B, leave for a reason described in section 843, subsection 4, paragraph A, D or E 
may be taken intermittently or on a reduced leave schedule when medically 
necessary. The taking of leave intermittently or on a reduced leave schedule pursuant 
to this paragraph may not result in a reduction in the total amount of leave to which 
the employee is entitled under subsection 1 beyond the amount of leave actually 
taken.
B.  If an employee requests intermittent leave, or leave on a reduced leave schedule, 
for a reason described in section 843, subsection 4, paragraph A, D or E that is 
foreseeable based on planned medical treatment, the employer may require the 
employee to transfer temporarily to an available alternative position offered by the 
employer for which the employee is qualified and that:
(1)  Has equivalent pay and benefits; and
(2)  Better accommodates recurring periods of leave than the regular employment 
position of the employee.
7.  Small employers.  An employer that employs fewer than 15 employees may opt 
to participate in family medical leave under this section on a year-to-year basis.  The 
department may extend by rule the period of participation in family medical leave under 
this subsection up to 3 years if the department determines that a longer participation 
period is necessary for the stability of the fund or to carry out the provisions of this 
section.
8.  Self-employed persons.  A self-employed person who has elected to participate in 
family medical leave under this section must participate for a period of at least 2 years.  
The department may extend by rule the period of participation in family medical leave 
under this subsection up to 4 years if the department determines that a longer 
participation period is necessary for the stability of the fund or to carry out the provisions 
of this section.
9.  Rules.  The bureau may adopt routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A to carry out the provisions of this subchapter.
10.  Effective date.  This section takes effect October 1, 2020.
Sec. 9.  26 MRSA §1082, sub-§15 is enacted to read:
15.  Family medical leave.  The commissioner, through the bureau, shall administer 
chapter 7, subchapter 6-A and the Family Medical Leave Fund under section 1167.
Sec. 10.  26 MRSA §1167 is enacted to read:
§1167.  Family Medical Leave Fund
1.  Fund established.  The Family Medical Leave Fund, referred to in this section as 
"the fund," is established in the bureau to issue benefits to employees and self-employed 
persons entitled to benefits under chapter 7, subchapter 6-A and to cover reasonable 
administrative expenses of the bureau in administering the fund.  The fund consists of 
revenues received from contributions collected under section 844-A, subsection 2, 
appropriations, allocations and contributions from private and public sources.  The fund, 
to be accounted within the bureau, must be held separate and apart from all other money, 
funds and accounts.  Eligible investment earnings credited to the assets of the fund 
become part of the assets of the fund.  Any unexpended balances remaining in the fund at 
the end of any fiscal year do not lapse and must be carried forward to the next fiscal year.
2.  Rules.  The bureau may adopt routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A to carry out the purposes of the fund.
Sec. 11.  Department of Labor to develop implementation plan for family 
medical leave program; report.  The Department of Labor shall develop a plan to 
implement the family medical leave program under the Maine Revised Statutes, Title 26, 
section 844-A, referred to in this section as "the program."  The plan must include 
elements necessary for implementation of the program, including:
1.  Staffing and technology needed to operate the program;
2.  Rulemaking required to implement the program;
3.  Initial start-up costs to begin the program;
4.  Determination of the initial rate of contribution necessary to properly administer 
the program.  The Department of Labor, Bureau of Unemployment Compensation may 
employ a 3rd-party actuary or other qualified person to assist in making this 
determination;
5.  A timeline that schedules implementation benchmarks to meet the program's 
effective date of October 1, 2020; and
6.  Any recommended legislation, including a provision to allocate or appropriate 
$150,000 or another amount the department determines appropriate to the Family 
Medical Leave Fund under Title 26, section 1167 to provide for start-up expenses.
The Department of Labor shall submit the plan required under this section to the joint 
standing committee of the Legislature having jurisdiction over labor, commerce, research 
and economic development matters no later than October 1, 2019.
SUMMARY
This bill creates a paid family medical leave program, patterned after the unpaid 
family medical leave program existing in current law but requiring a contribution from an 
eligible employee, or a self-employed person on a voluntary basis, of no more than 0.5% 
of the employee's or self-employed person's wages or earnings.  The program requires 
employers to deduct the contributions from employee paychecks and requires the 
employers and self-employed persons to submit contributions to the Department of 
Labor, Bureau of Unemployment Compensation, which is charged with administering the 
program.  The program pays benefits of up to 66% of an employee's wages or self-
employed person's earnings, capped at the same maximum amount as unemployment 
benefits for leave taken by the employee or self-employed person for various family-
related medical issues.  The bill makes participation optional for employers that employ 
fewer than 15 employees.  The bill also directs the Department of Labor to develop an 
implementation plan dealing with staffing, technology, start-up expenses, rulemaking and 
scheduling to begin the program on its effective date of October 1, 2020.