An Act To Prevent the Spread of Infectious Disease in Schools
Maine Legislature, Session 130, LD 0993
Committee: Education and Cultural Affairs
Sponsors: WHITE, RAFFERTY, BRENNAN, DODGE, DOORE, FECTEAU, MILLETT, ROEDER, SACHS
Amends: 20-A MRSA §13605

Legislative Document
No. 993
H.P. 731
House of Representatives, March 10, 2021
An Act To Prevent the Spread of Infectious Disease in Schools
(EMERGENCY)
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative WHITE of Waterville.
Cosponsored by Senator RAFFERTY of York and
Representatives: BRENNAN of Portland, DODGE of Belfast, DOORE of Augusta, FECTEAU 
of Augusta, Speaker FECTEAU of Biddeford, MILLETT of Cape Elizabeth, ROEDER of 
Bangor, SACHS of Freeport.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the provisions of the federal Families First Coronavirus Response Act that 
required employers to provide their employees with emergency paid sick leave for reasons 
related to COVID-19 expired on December 31, 2020; and
Whereas, workers continue to experience the personal and economic effects of the 
COVID-19 pandemic but remain without sufficient paid sick leave to weather these effects; 
and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §13605 is enacted to read:
§13605.  Employment leave for individuals affected by COVID-19
1.  Required leave.  A school administrative unit shall grant a total of 80 hours of paid 
leave per academic year from work, except as described in subsection 4, for a public school 
employee affected by the illness caused by infection with the coronavirus SARS-CoV-2, 
referred to in this section as "COVID-19."
2.  Rate of pay.  Rate of pay for leave required under subsection 1 must be calculated 
as follows:
A.  In order to receive pay at 100% of the usual rate of pay a public school employee 
must:
(1)  Be subject to a federal, state or local quarantine order related to COVID-19;
(2)  Have been advised by a health care provider to self-quarantine for reasons 
related to COVID-19; or
(3)  Be experiencing symptoms of COVID-19 and be seeking a medical diagnosis; 
and
B.  In order to receive pay at 100% of the usual rate of pay, a public school employee 
who is not eligible under paragraph A must:
(1)  Be caring for an individual subject to a federal, state or local quarantine order 
related to COVID-19;
(2)  Be a parent or guardian providing care for a child whose school or place of 
child care is closed or unavailable due to COVID-19 precautions; or
(3)  Be experiencing other circumstances as determined in rule by the Department 
of Labor, in consultation with the Department of Health and Human Services.
3.  Length of employment.  Leave required under subsection 1 must be granted 
regardless of the length of employment of the employee.
4.  Part-time employees.  Part-time public school employees are entitled to 2 weeks 
of paid leave as required under this section based on the number of hours ordinarily worked 
over a 2-week period.  Part-time public school employees with variable schedules are 
entitled to 2 weeks of leave based on the number of hours the employee was scheduled to 
work per day over the previous 6-month period.
5.  Use of accrued leave.  A school administrative unit may not require an employee 
to use other accrued leave prior to or as a condition of use of the leave described in this 
section.
6.  Rulemaking.  The department shall adopt rules necessary to carry out this section.  
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires school administrative units to provide a total of 80 hours of paid sick 
leave per academic year for public school employees affected by COVID-19.  The bill 
establishes criteria for rate of pay during the leave period and provides that part-time 
employees are eligible for leave based on the average number of hours worked.  The bill 
requires school administrative units to offer leave regardless of the length of employment 
of the employee.  It grants the Department of Education rule-making authority.