An Act To Support Healthy Workplaces and Healthy Families by Providing Earned Paid Sick Leave to Certain Employees
Maine Legislature, Session 129, LD 0369
Committee Amendment CA_A_S79 (Senate)
Amends: 26 MRSA §42-B, 26 MRSA §637

COMMITTEE AMENDMENT "A " to S.P. 110, L.D. 369, Bill, "An Act To 
Support Healthy Workplaces and Healthy Families by Providing Earned Paid Sick Leave 
to Certain Employees" 
Amend the bill by striking out the title and substituting the following: 
'An Act Authorizing Earned Employee Leave' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 26 MRSA §42-B, sub-§1, 1,rE and F, as enacted by PL 2017, c. 219, 
§2, are amended to read: 
E. Video display terminal safety as described in section 252, subsection 1; aoo 
F. Minimum wage and overtime provisions as described in section 664.,.; and 
Sec. 2. 26 MRSA §42-B, sub-§1, 1G is enacted to read: 
G. Earned paid leave. 
Sec. 3. 26 MRSA §637 is enacted to read: 
§637. Earned paid leave 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Employment" has the same meaning as in section 1043, subsection 11, but does 
not include employment in a seasonal industry as defined in section 1251. 
B. "Employer" has the same meaning as in section 1043, subsection 9. 
C. "Employee" means a person engaged in employment. 
2. Earned paid leave. An employer that employs more than 10 employees in the 
usual and regular course of business for more than 120 days in any calendar year shall 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 1\-" to S.P. 110, L.D. 369 ( 5 -1 ~ 
permit each employee to earn paid leave based on the employee's base pay as provided in 
this section. 
3. Accrual. An employee is entitled to earn one hour of paid leave from a single 
employer for every 40 hours worked, up to 40 hours in one year of employment. Accrual 
of leave begins at the start of employment, but the employer is not required to permit use 
of the leave before the employee has been employed by that employer for 120 days 
during a one-year period. 
4. Rate. An employee while taking earned leave must be paid at least the same base 
rate of pay that the employee received immediately prior to taking earned leave and must 
O 
receive the same benefits as those provided under established policies of the employer 
pertaining to other types of paid leave. 
5. Notice. Absent an emergency, illness or other sudden necessity for taking earned 
leave, an employee shall give reasonable notice to the employee's supervisor of the 
employee's intent to use earned leave. Use of leave must be scheduled to prevent undue 
hardship on the employer as reasonably determined by the employer. 
6. Benefits. The taking of earned leave under this section may not result in the loss 
of any employee benefits accrued before the date on which the leave commenced and 
may not affect the employee's right to health insurance benefits on the same terms and 
conditions as applicable to similarly situated employees. Nothing is this section prevents 
an employer from providing a benefit greater than that provided by this section. 
7. Enforcement. The bureau has the exclusive authority pursuant to section 42 to 
enforce this section. 
8. Penalties. Penalties for violations of this section are the same as those provided 
in section 53. 
9. Preemption. A municipality or other political subdivision may not enact an 
ordinance or other rule purporting to have the force of law under its home rule or other 
authority regulating earned paid leave. 
10. 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. 
11. Exception. This section does not apply to an employee covered by a collective 
bargaining agreement during the period between January 1. 2021 and the expiration of the 
agreement. 
12. Reporting. Beginning January 1. 2022, and annually thereafter, the Department 
of Labor shall submit a report to the joint standing committee of the Legislature having 
jurisdiction over labor matters on progress made in the State to comply with this section. 
8 
Sec. 4. Effective date. This Act takes effect January 1, 2021.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Jt "to S.P. 110, L.D. 369 { G -7 0 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Labor and Housing, replaces the title and the bill. This amendment does the following: 
1. It requires an employer, except in a seasonal industry, that employs more than 10 
employees for more than 120 days in any calendar year to permit each employee to earn 
paid leave based on the employee's base pay; 
2. It specifies that an employee is entitled to earn one hour of paid leave from a 
single employer for every 40 hours worked, up to 40 hours in one year of employment, 
with accrual of leave beginning at the start of employment; 
3. It requires an employee to work for 120 days before an employer is required to 
permit use of accrued earned paid leave; 
4. It requires an employer to pay an employee taking earned leave at least the same 
base rate of pay that employee received immediately prior .to taking earned leave and 
provide the same benefits as those provided under established policies of the employer 
pertaining to other types of paid leave; 
5. It requires an employee, absent an emergency, illness or other sudden necessity for 
taking earned leave, to give reasonable notice to the employee's supervisor of the 
employee's intent to use leave; 
6. It specifies that an employee taking earned leave maintains any employee benefits 
accrued before the date on which the leave commenced and the leave may not affect the 
employee's right to health insurance benefits on the same terms and conditions as 
applicable to similarly situated employees; 
7. It provides the Department of Labor, Bureau of Labor Standards the exclusive 
authority to enforce the law and requires the Department of Labor to adopt routine 
technical rules to implement and enforce the law; 
8. It allows for the imposition of penalties currently established in the Maine Revised 
Statutes, Title 26, section 53; 
9. It preempts the authority of a municipality or other political subdivision to enact 
any ordinance or other rule purporting to have the force of law under its home rule or 
other authority regulating earned paid leave; 
10. It requires the Department of Labor to adopt routine technical rules. to implement 
and enforce provisions regarding earned paid leave; 
11. It specifies that earned paid leave does not apply to an employee covered by a 
collective bargaining agreement during the period between January 1, 2021 and the 
expiration of the collective bargaining agreement; and 
12. It requires the Department of Labor, beginning January 1, 2022 and annually 
thereafter, to report progress to the joint standing committee of the Legislature having 
jurisdiction over labor matters. 
FISCAL ~OTE REQUlRED 
(See attached) 
""· 
COMMITTEE AMENDMENT 
Revised: 04/26/19 feac 
LD369 
LR 150(02) 
An Act To Support Healthy Workplaces and Healthy Families by Providing Earned Paid Sick Leave 
to Certain Employees 
Fiscal Note for Bill as Amended by Committee Amendment "4' (3-~1'9) 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Any penalty assessed by the Deparhnent of Labor pursuant to section 637, subsection 9 of this Act accrues to the 
General Fund. No estimate of these penalties can be made at this time. Additional costs to the Department of Labor to 
enforce the requirements of this legislation can be absorbed within existing budgeted resources. 
Some providers of Department of Health and Human Services (DHHS) services are paid through a cost-settlement 
process. If those providers do not cun-ently provide earned paid sick leave, their costs could increase due to this 
proposal. If the providers' costs increase, then DHHS would also have an increase in the amount paid to those 
providers. It is not known how many cost-settled providers are cun-ently paying earned paid sick leave or what the 
increased cost would be, but DHHS expects any additional costs to be minor and can be absorbed within existing 
budgeted resources. 
LR0150(02) - Fiscal Note - Page 1 of 1