An Act To Amend the Laws Governing Eligibility for Unemployment Benefits
Maine Legislature, Session 129, LD 0784
Committee: Labor and Housing
Sponsors: DAVIS, STETKIS, BLACK, DOW, HAMPER, POULIOT, TIMBERLAKE, CURTIS, MILLETT, SKOLFIELD
Amends: 26 MRSA §1193

Legislative Document
No. 784
S.P. 228
In Senate, February 12, 2019
An Act To Amend the Laws Governing Eligibility for 
Unemployment Benefits
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DAVIS of Piscataquis.
Cosponsored by Representative STETKIS of Canaan and
Senators: BLACK of Franklin, DOW of Lincoln, HAMPER of Oxford, POULIOT of 
Kennebec, TIMBERLAKE of Androscoggin, Representatives: CURTIS of Madison, 
MILLETT of Waterford, SKOLFIELD of Weld.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1193, sub-§3, as amended by PL 2011, c. 645, §7, is further 
amended to read:
3.  Refused to accept work. For the duration of the individual's unemployment 
subsequent to the individual's having refused to accept an offer of, or having not accepted 
or attended an offered interview for, suitable work for which the individual is reasonably 
fitted, or having refused to accept a referral to a suitable job opportunity when directed to 
do so by a local employment office of this State or another state or if an employer is 
unable to contact a former employee at last known or given address, for the purpose of 
recall to suitable employment; or the individual fails to respond to a request to report to 
the local office for the purpose of a referral to a suitable job, and the disqualification 
continues until claimant has earned 10 times the claimant's weekly benefit amount in 
employment by an employer. If the deputy determines that refusal has occurred for cause 
of necessitous and compelling nature, the individual is ineligible while such inability or 
unavailability continues, but is eligible to receive prorated benefits for that portion of the 
week during which the individual was able and available. 
A.  In determining whether or not any work is suitable for an individual during the 
first 10 consecutive weeks of unemployment, the deputy shall consider the degree of 
risk involved to the individual's health, safety and morals, the individual's physical 
fitness and prior training, the individual's experience and prior earnings, the 
individual's length of unemployment and prospects for securing local work in the 
individual's customary occupation and the distance of the available work from the 
individual's residence.
In determining whether or not work is suitable for an individual after the first 10 
consecutive weeks of unemployment, the deputy shall consider the degree of risk 
involved to the individual's health, safety and morals, the individual's physical fitness, 
the individual's prior earnings, the individual's length of unemployment and prospects 
for securing local work in the individual's customary occupation and the distance of 
the available work from the individual's residence. The individual's prior earnings 
may not be considered with respect to an offer of or referral to an otherwise suitable 
job that pays wages equal to or exceeding the average weekly wage in the State.
B.  Notwithstanding any other provisions of this chapter, work may not be considered 
suitable and benefits may not be denied under this chapter to any otherwise eligible 
individual for refusing to accept new work under any of the following conditions: 
(1)  If the position offered is vacant due directly to a strike, lockout or other labor 
dispute; 
(2)  If the wages, hours or other conditions of work are substantially less 
favorable to the individual than those prevailing for similar work in the locality; 
(3)  If, as a condition of being employed, the individual would be required to join 
a company union or to resign from or refrain from joining any bona fide labor 
organization; 
(4)  If the position offered is the same one previously vacated by the claimant for 
good cause attributable to that employment or is the position that the employee 
left for reasons attributable to that employment, but which were found 
insufficient to relieve disqualification for benefits under subsection 1, paragraph 
A, as long as, in either instance, the specific good cause or specific reasons for 
leaving have not been removed or otherwise changed; and 
(5)  If the position offered is on a shift, the greater part of which falls between the 
hours of midnight and 5 a.m., and is refused 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;
SUMMARY
This bill disqualifies an individual from eligibility for unemployment benefits when 
the individual has refused to accept or attend a job interview for suitable work for which 
the individual is reasonably fitted.