An Act Regarding the Right to Request Flexible Working Arrangements for Employees
Maine Legislature, Session 131, LD 0961
Committee: Labor and Housing
Sponsors: WARREN
Amends: 26 MRSA §600-B

Legislative Document
No. 961
H.P. 608
House of Representatives, March 2, 2023
An Act Regarding the Right to Request Flexible Working 
Arrangements for Employees
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative WARREN of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §600-B is enacted to read:
§600-B.  Flexible working arrangements
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Flexible working arrangement" means temporary changes in the employee's 
regular working arrangements that last up to one calendar year, including:
(1)  Changes in the number of days or hours worked;
(2)  Changes in the time the employee arrives to or departs from work;
(3)  Working from home; and
(4)  Job-sharing.
"Flexible working arrangement" does not include routine scheduling of shifts, vacation 
or other employee leave.
B. "Inconsistent with business operations" includes, with regard to a flexible working 
arrangement, the following conditions:
(1)  The burden of additional costs on an employer;
(2)  A detrimental effect, unrelated to discrimination or other unlawful employment 
practices, on aggregate employee morale;  
(3)  A detrimental effect on the ability of an employer to meet consumer demand;
(4)  An inability to reorganize work among existing staff;
(5)  An inability to recruit additional staff;
(6)  A detrimental impact on business quality or business performance;
(7)  An insufficiency of work during the periods the employee proposes to work; 
and
(8)  Planned structural changes to the business.
2. Right to request a flexible working arrangement.  An employee may request a 
flexible working arrangement up to twice per calendar year. The employer shall consider a 
request in accordance with subsection 3 twice per calendar year.  A flexible working 
arrangement under this section must meet the needs of the employer and employee.
3. Request and response.  The employer shall discuss in good faith the request for a 
flexible working arrangement with the employee. The employer and employee may 
propose alternative arrangements during the discussion. The employer shall consider the 
employee's request for a flexible working arrangement and whether the request can be 
granted in a manner that is not inconsistent with business operations or the employer's legal 
or contractual obligations. The employer is not required to grant the request. The employer 
shall notify the employee of the employer's decision regarding the request. If the request 
was submitted in writing, the employer shall state any complete or partial denial of the 
request in writing.
4. Other rights not diminished.  This section does not diminish any rights of any 
employee under this chapter or pursuant to a collective bargaining agreement. An employer 
may institute a flexible working arrangement policy that is more flexible than is provided 
by this section. This section does not affect any legal rights an employer or employee may 
have under applicable law to create, modify or terminate a flexible working arrangement.
5. Retaliation prohibited.  An employer may not retaliate against an employee 
exercising a right under this section. An employer may not discharge an employee from 
employment or discriminate against an employee because that employee asserted or 
attempted to assert the right to make a request under this section.
6. Enforcement.  An employer that violates this section commits a civil violation for 
which a fine of not less than $100 and not more than $500 per violation may be adjudged. 
The Department of Labor shall enforce this section.
SUMMARY
This bill allows employees to request a flexible working arrangement from an employer 
up to twice per year. An employer must consider a request by an employee for a flexible 
working arrangement twice per year and discuss the flexible working arrangement with the 
employee in good faith. The employee and employer may discuss alternative arrangements 
to the flexible working arrangement. The employer is not required to grant the employee’s 
request for a flexible working arrangement.