An Act to Exempt Employers from Prov1dmg Earned Paid Leave for Certam Employees
Maine Legislature, Session 131, LD 0301
Committee Amendment CA_A_H111 (House)
Amends: 26 MRSA §637

COivlMITTEE AMENDMENT "A" to HP 199, L D 301, "An Act to Exempt 
Employers from Prov1dmg Earned Paid Leave for Certam Employees" 
Amend the bill by strikmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec.1. 26 MRSA §637, sub-§1, ,re, as enacted by PL 2019, c 156, §3 and affected 
by §4, 1s repealed and the followmg enacted m its place 
C "Employee" means a person engaged m employment but does not mclude a person 
who works less than 320 hours m a year for an employer, works an irregular schedule 
and1s 
(1) A person employed by a school adm1mstrat1ve unit as a coach, as a substitute 
teacher or m another substitute pos1t10n, except that a long-term substitute teacher 
who works full-time for at least 4 consecutive weeks 1s an employee under this 
paragraph, 
(2) A temporary employee ma retail or service establishment For the purposes of 
this subparagraph, "temporary employee" means a person contracted to work on a 
pos1t10n for a bm1ted t1me and "retail or service establishment" means a retail or 
service estabhshment as described m accordance with 29 Code of Federal 
Regulat10ns, Section 779 24, or 
(3) An election clerk who performs the duties described m Title 21-A. section 
503-A 
Sec. 2. 26 MRSA §637, sub-§5-A is enacted to read 
5-A. Use of earned leave. An employee must use a mmunum of 4 hours of earned 
leave at one time unless an employer allows the employee to use earned leave at an 
mcrement less than 4 hours 
Sec. 3. 
Appropriations and allocations. The followmg appropriations and 
allocations are made 
COMMITTEE AMENDMENT 
"'o'b 
~~ 
COMMITIBE AMENDMENT "A" to HP 199, L D 301 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 0159 
Imtiative Provides ongoing funds for one Labor and Safety Inspector position to 
investigate potential v10lations of the law regardmg earned paid leave 
GENERAL FUND 
2023-24 
2024-25 
POSITIONS - LEGISLATIVE COUNT 
000 
000 
Personal Services 
$67,007 
$93,810 
All Other 
$4,252 
$5,669 
GENERAL FUND TOTAL 
$71,259 
$99,479 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment is the mmority report of the committee It replaces the btll The 
amendment exempts from the law that requires employers to offer earned paid leave to 
employees an employer of a person who works less than 320 hours m a year for the 
employer, works an irregular schedule and 1s 
Employed by a school admmistrative umt as a coach, as a substitute teacher or m 
another substitute position, except for a long-term substitute teacher who works full-ttme 
for at least 4 consecutive weeks, 
A temporary employee m a retail or service establishment, or 
An election clerk 
The amendment also specifies that an employee must use a mimmum of 4 hours of 
earned leave at one time unless an employer allows the employee to use earned leave at an 
mcrement less than 4 hours 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 04/21/23 :tvae 
131stMAINE LEGISLATURE 
LD301 
LR 750(02) 
An Act to Exempt Employers from Providing Earned Paid Leave for Certain Employees 
Fiscal Note for Bill as Amended by Committee Amendment :;4i { H,-/ / f) 
Committee: Labor and Housing 
1t Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current bienmum revenue mcrease - General Fund 
FY 2023-24 
$71,259 
$71,259 
FY 2024-25 
$99,479 
$99,479 
ProJections 
FY2025-26 
$102,856 
$102,856 
ProJections 
FY 2026-27 
$106,355 
$106,355 
This bill mcludes General Fund appropnat1ons of $71,259 m fiscal year 2023-24 and $99,479 m fiscal year 2024-25 to 
the Regulation and Enforcement program w1thm the Department of Labor for one Labor and Safety Inspector position 
and related All Other costs associated with mvestigatmg and resolvmg an anticipated mcrease m the number of 
complamts of alleged violations as a result of exemptmg certain employees from the earned paid sick leave law This 
estimate assumes a start date of October 1, 2023 
Any penalty assessed by the Department of Labor pursuant to Title 26, section 63 7, subsection 8 will be credited to 
the General Fund The increase m General Fund revenue from these penalties 1s not estimated at this time 
LR0750(02) - Fiscal Note - Page 1 of 1