An Act to Implement the Recommendat10ns of the Commission to Develop a Paid Family and Medical Leave Benefits Program
Maine Legislature, Session 131, LD 1964
Committee Amendment CA_A_S385 (Senate)
Amends: 26 MRSA §42, 26 MRSA §42-B

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COMMITTEE AMENDMENT " A " to S P 800, L D 1964, "An Act to Implement 
the Recommendat10ns of the Commission to Develop a Paid Family and Medical Leave 
Benefits Program" 
Amend the bill by stnkmg out the title and substitutmg the followmg 
'An Act to Create the Mame Paid Family and Medical Leave Benefits Program' 
Amend the bill by stnkmg out all of sect10ns 3 and 4 and msertmg the followmg 
'Sec. 3. 26 MRSA §42, first 1, as amended by PL 1999, c 649, § I, is further 
amended to read 
The bureau shall collect, assort and arrange statistical details relatmg to all departments 
of labor and mdustnal pursmts m the State, to trade umons and other labor orgamzat10ns 
and thetr effect upon labor and capital, to the number and character of mdusti ial accidents 
and thetr effect upon the mjured, therr dependent relatives and upon the general public, to 
other matters relatmg to the commercial, mdustnal, social, educational, moral and samtary 
conditions preva.Ilmg withm the State, mcludmg the names of finns, compames or 
corporations, where located, the kmd of goods produced or manufactured, the t1me operated 
each year, the number of employees classified accordmg to age and sex and the daily and 
average wages paid each employee, and the exploitation of such other subjects as will tend 
to promote the permanent prospenty of the mdustnes of the State The dtrector is authonzed 
and empowered, subject to the approval of the Governor, to accept from any other agency 
of government, mdividual, group or corporation such funds as may be avallable m carrymg 
out this sect10n, and meet such reqmrements with respect to the admmistration of such 
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funds, not mconsistent with this section, as are reqmred as conditions precedent to receivmg 
such funds An accountmg of such funds and a report of the use to which they were put 
must be mcluded m the b1enmal report to the Governor Each agency of government shall 
cooperate fully with the bureau's efforts to compile labor and mdustnal statistics The 
drrector shall cause to be enforced all laws regulatmg the employment of mmors, all laws 
established for the protect10n of health, hves and hmbs of operators m workshops and 
factones, on railroads and m other places, all laws regulatmg the payment of wages, and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT " A " to S P 800, L D 1964 
all laws enacted for the protection of the workmg classes 
Durmg an mvestigation to 
enforce those laws, the director may request records and other mformation relatmg to an 
employer's compliance with unemployment compensation and workers' compensation 
laws, mcludmg mformat10n needed to determme whether the employer has properly 
classified a worker as an mdependent contractor, and shall report suspected v10lat1ons of 
those laws to the state or federal agency responsible for enforcmg them The director may 
adopt, m accordance with the Mame Admmistrative Procedure Act, rules regardmg all such 
laws, except where this authonty is granted to a board or commission 
Rules adopted 
pursuant to this section are routme technical rules as defined m Title 5, chapter 375, 
subchapter II-A 2-A The director shall, on or before the first day of July, biennially, report 
to the Governor, and may make such suggest10ns and recommendat10ns as the duector may 
deem necessary for the mformation of the Legislature The duector may from t1me to time 
cause to be prmted and distributed bulletms upon any subject that 1s of pubhc mterest and 
benefit to the State, mcludmg, but not limited to, the paid family and medical leave benefits 
program established m chapter 7, subchapter 6-C, and may conduct a program of research, 
educat10n and promot10n to reduce mdustr1al accidents The duector may review vanous 
data, such as workers' compensation records, as well as other mformation relatmg to any 
public or private employer's safety experience 
When any md1vidual pubhc or pnvate 
employer's safety experience causes the director to question seriously the safe workmg 
environment of that employer, the duector may offer any safety education and consultation 
programs to that employer that may be beneficial m providmg a safer work environment 
If the employer refuses this assistance or is m serious noncompliance which may lead to 
mJunes, or if serious threats to worker safety contmue, then the d1rector shall communicate 
concerns to appiopnate agencies, such as the United States Occupational Safety and Health 
Admmistrat1on 
As used m this section, the term "noncompliance" means a lack of 
compliance with any applicable health and safety regulat10ns of the United States 
Occupat10nal Safety and Health Admmistration or other federal agencies The bureau 1s 
responsible for the enforcement of mdoor au quality and ventilation standards with respect 
to state-owned bmldmgs and butldmgs leased by the State The bureau shall enforce au 
quality standards m a manner to ensure that corrections to problems found m bmldmgs be 
made over a reasonable period of time, usmg consent agreements and other appi oaches as 
necessary and reasonable 
Sec. 4. 26 MRSA §42-B, sub-§1, ~' as amended by PL 2019, c 156, §1 and 
affected by §4, is further amended to read 
F Mmimum wage and overtime provisions as described m section 664, aad 
Sec. 5. 26 MRSA §42-B, sub-§1, 1G, as enacted by PL 2019, c 156, §2 and 
affected by §4, is amended to read 
G Earned paid leave-, and 
Sec. 6. 26 MRSA §42-B, sub-§1, ~ 
is enacted to read 
H Paid family and medical leave as provided m chapter 7, subchapter 6-C ' 
Amend the bill m section 5 m sub-c 6-C m §850-A m subsect10n 1 m the 2nd lme 
(page 2, lme 4 m L D ) by msertmg after the followmg 
111mplement" the followmg 'and 
operate' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " to S P 800, L D 1964 
Amend the bill in section 5 in sub-c 6-C m §850-A by stnkmg out all of subsect10n 2 
(page 2, Imes 5 to 7 in L D ) 
Amend the bill in section 5 in sub-c 6-C in §850-A by stnking out all of subsection 4 
(page 2, Imes 10 to 14 in L D ) and inserting the following 
'4. Average weekly wage "Average weekly wage," as used to establish the maximum 
weekly benefit amount for purposes of this subchapter, means 1/52 of aggregate total wages 
paid in the State for a covered individual, as reported on employer contribution reports for 
the calendar year, divided by the arithmetic mean of m1dmonth weekly covered 
employment reported on employer contribut10n reports for the calendar year in the form 
and manner deternuned by the department ' 
Amend the bill in sect10n 5 m sub-c 6-C in §850-A by stnkmg out all of subsection 6 
(page 2, Imes 17 to 19 m L D) and inserting the following 
'6 Benefit year "Benefit year" means the 12-month period begmmng on the first day 
of the calendar week 1Inmediately preceding the date on which family leave benefits or 
medical leave benefits commence ' 
Amend the bill in sect10n 5 in sub-c 6-C in §850-A m subsection 8 m the first lme 
(page 2, lme 21 in L D ) by strikmg out the following "made by an employee" and msertmg 
the followmg 'remitted by an employer' 
Amend the bill in sect10n 5 in sub-c 6-C m §850-A m subsection 14 m the last line 
(page 3, lme 14 m L D) by msertmg after the followmg "employment" the followmg 'm 
the State' 
Amend the bill in sect10n 5 m sub-c 6-C in §850-A m subsection 15 m paragraph D m 
the first lme (page 3, lme 21 in L D) by strikmg out the followmg "and" 
Amend the bill m section 5 m sub-c 6-C m §850-A m subsection 15 m pa1agraph Em 
the first lme (page 3, lme 22 in L D ) by stnking out the following "_" and insertmg the 
following ', and' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-A m subsect10n 15 by msertmg afte1 
paragraph E the followmg 
'F A tribal government that has elected coverage pursuant to sect10n 850-G' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-A m subsection 18 in the last line 
(page 3, lme 30 m L D) by strikmg out the followmg "l" and msertmg the followmg '2.' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-A in subsect10n 20 by stnkmg out all 
of paragraph G (page 4, Imes 14 to 16 m L D) and msertmg the followmg 
'G As designated by the covered md1v1dual m accordance with rule, an md1v1dual with 
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whom the covered md1v1dual has a s1gmficant personal bond that 1s or 1s hke a family 
relat10nsh1p, regardless of b1olog1cal or legal relat10nsh1p' 
Amend the bill m section 5 m sub-c 6-C m §850-A m subsection 23 m the last lme 
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(page 4, lme 24 m L D ) by strikmg out the followmg "2." and msertmg the followmg 'J.' 
Amend the bill in section 5 in sub-c 6-C m §850-A by st11kmg out all of subsection 26 
(page 4, Imes 30 to 37 m L D) and insertmg the followmg 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A " to S P 800, L D 1964 
'26. Ouahfying exigency. "Ouahfymg exigency" means an exigency detenmned 
pursuant to the federal Family and Medical Leave Act of 1993, 29 Umted States Code, 
Section 2612(a)(l)(E)' 
Amend the bill m section 5 m sub-c 6-C m §850-A m subsect10n 28 m the first lme 
(page 5, lme 16 m L D) by msertmg after the followmg "means" the followmg 'an 
mdependent contractor as described m sect10n 1043, subsection 11, paragraph E,' 
Amend the bill m section 5 m sub-c 6-C m §850-A m subsection 31 m the 2nd lme 
(page 5, lme 28 m L D) by stnkmg out the followmg "admmistlator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-A by strikmg out all of subsection 32 
(page 5, Imes 30 and 31 m L D) and msertmg the followmg 
'32. Wages. "Wages" mcludes, but is not limited to, salary, wages, tips, commissions 
and other compensat10n as determmed by rule For a self-employed mdividual who elects 
coverage under section 850-G, "wages" mcludes, but is not limited to, self-employment 
mcome as defined by 26 Umted States Code, Sect10n 1402(b)' 
Amend the bill m section 5 m sub-c 6-C m §850-B by strikmg out all of the first 
mdented paragraph (page 5, Imes 36 to 40 m L D) and msertmg the followmg 
'The paid family and medical leave benefits program is established effective January 
1, 2026 The program is admimstered by the department In accordance with subsection 
1, the department may, through contract after a competitive biddmg process sub1ect to the 
regmrements of Title 5, sect10n 1816-B, authorize a 3rd party to conduct clauns 
admmistration' 
Amend the bill m section 5 m sub-c 6-C m §850-B by msertmg after the first mdented 
paragraph the followmg 
'1. Competitive b1ddmg process. Any competitive biddmg process used by the 
department pursuant to this section is governed by this subsection 
A The mmimum cntena established by the department to evaluate a proposal must 
mclude, but are not limited to cost, transparency of busmess operat10ns, efficiency of 
busmess operat10ns, quality of work related to the potential contracts issued, user 
experience, confidentiality and use of claimant data, software development, 
mformat10n technology and state ownership of software and specialized mformation 
technology, accountability, experience with providmg education to the pubhc related 
to clanns, and a cost-benefit analysis documentmg the drrect and mdrrect costs of such 
a contract, mcludmg qualitative and quantitative benefits that will result from the 
nnplementation of such a contract 
B Any 3rd party that submits a proposal must have a meanmgful physical presence m 
the State, have no admdicated record of substantial or repeated willful noncompliance 
with any relevant federal, state or local law, statute or regulation, mcludmg payment 
of taxes or other payments owed to a public entity, attest to compliance with all 
apphcable local, state and federal laws, regulations and statutes, mcludmg health and 
safety, labor and employment and licensmg laws that affect the employees, worksite 
or performance of the contract, complete a signed pledge of compliance provided by 
the State to comply with all applicable laws, statutes and regulations, and attest that 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to SP 800, L D 1964 
any protected cost savmgs may not derive from the 3rd party's failure to provide 
adequate wages 
C The reqmrements of Title 5, sect10n 1825-B, subsection 7 do not apply' 
Amend the bill m section 5 m sub-c 6-C m §850-B m subsect10n 2 m the last 2 Imes 
(page 6, Imes 11 and 12 m L D ) by stnkmg out the followmg "perform the 10b functions 
for the position held by that covered mdiv1dual" and msertmg the followmg 'work' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-B m subsect10n 3 m paragraph Am 
the first 2 Imes (page 6, Imes 14 and 15 m L D) by stnkmg out the followmg "an 
application" and msertmg the followmg 'a benefit' 
Amend the bill m section 5 m sub-c 6-C m §850-B m subsection 3 m paragraph B m 
the first 2 Imes (page 6, Imes 16 and 17 m L D ) by stnkmg out the followmg "an 
apphcat10n" and msertmg the followmg 'a benefit' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-B m subsection 3 m paragraph Cm 
the first lme (page 6, lme 18 m L D ) by stnkmg out the followmg "li" and msertmg the 
followmg '12' 
Amend the bill m section 5 m sub-c 6-C m §850-B m subsection 3 m paragraph Cm 
the last lme (page 6, lme 19 m L D) by stnkmg out the followmg "application" and 
msertmg the followmg 'benefit' 
Amend the bill m section 5 m sub-c 6-C m §850-B by stnkmg out all of subsection 6 
(page 6, Imes 32 to 36 m L D) and msertmg the followmg 
'6 Notice to employer. Absent an emergency, illness or other sudden necessity for 
takmg leave, an employee shall give reasonable notice to the employee's supervisor of the 
employee's mtent to use leave under this subchapter Use of such leave must be scheduled 
to prevent undue hardship on the employer as reasonably determmed by the employer If 
an employer fads to provide notice as regmred under section 850-I, the employee's 
obhgation to provide notice under this subsection is waived' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-B m subsection 8 m the first lme 
(page 7, lme 3 m L D ) by stnkmg out the followmg "1" and msertmg the followmg •~• 
Amend the bill m section 5 m sub-c 6-C m §850-B m subsection 9 m the first lme 
(page 7, lme 7 m L D) by msertmg after the followmg "bargammg" the followmg '.i 
employer policy; greater or addit10nal rights' 
Amend the bill m section 5 m sub-c 6-C m §850-B m subsection 9 m paragraph B m 
the last lme (page 7, lme 12 m L D) by stnkmg out the followmg ".,__m:" and msertmg the 
followmg •~• 
Amend the bill m section 5 m sub-c 6-C m §850-B m subsection 9 m paragraph Cm 
the last lme (page 7, lme 14 m L D) by strlkmg out the following "_" and insertmg the 
following '.,__m:' 
Amend the bill m section 5 in sub-c 6-C m §850-B m subsect10n 9 by msertmg after 
paragraph C the followmg 
'D Require a pubhc employer, as defined m sect10n 962, subsection 7, or employee of 
a pubhc employer that 1s a party to a collective bargainmg agreement m existence on 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to SP 800, L D 1964 
the effective date of this subchapter to apply any of the rights and responsibiht1es under 
this subchapter until the existmg collective bargammg agreement expires' 
Amend the bill m section 5 m sub-c 6-C m §850-B m subsection 10 m the last hne 
(page 7, lme 19 m L D) by strikmg out the followmg "application" and msertmg the 
followmg 'benefit' 
Amend the bill m section 5 m sub-c 6-C m §850-B by msertmg after subsection 10 the 
followmg 
'11. Employer pohcy may not waive employee rights. An employer pohcy adopted 
or retamed on or after the effective date of this subchapter may not dnmmsh an employee's 
right to benefits under this subchapter Any agreement by an employee to waive the 
employee's rights under this subchapter is agamst public policy and is v01d and 
unenforceable' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-B by renumbermg the subsections to 
read consecutively 
Amend the bill m section 5 m sub-c 6-C m § 85 0-C by stnkmg out all of subsection 2 
(page 7, Imes 25 to 28 m L D) and msertmg the followmg 
'2. Determmation of weekly benefit amount. The weekly benefit amount paid to 
employees and self-employed mdividuals on family leave or medical leave is calculated as 
follows 
A The portion of the covered mdividual's average weekly wage that is equal to or less 
than 50% of the state average weekly wage must be replaced at a rate of 90%, and 
B The portion of the covered mdiv1dual's average weekly wage that is more than 50% 
of the state average weekly wage must be replaced at a rate of 66% up to the maximum 
weekly benefit ' 
Amend the bill m section 5 m sub-c 6-C m §850-C by stnkmg out all of subsect10n 3 
(page 7, Imes 29 to 33 m L D) and msertmg the followmg 
'3. Maximum benefit amount ad1Ustment. The maximum weekly benefit amount 
calculated under subsect10n 2 is the state average weekly wage By January 1st of the year 
m which clauns begm bemg processed and annually thereafter, the department shall take 
0 
mto consideration the recommendat10n of the authority to admst the maximum weekly 
benefit amount as necessary, and the admsted maximum weekly benefit amount takes effect 
on January 1st of the year followmg the admstment The authority shall recommend 
admstmg the maximum benefit amount m order to mamtam the solvency of the fund at a 
level of at least the annualized amount described m section 850-E, subsection 3' 
Amend the bill m section 5 m sub-c 6-C m §850-C m subsection 4 m the last lme (page 
7, lme 36 m L D) by stnkmg out the followmg "admmistrator" and msertmg the followmg 
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'department' 
Amend the bill m section 5 m sub-c 6-C m §850-C m subsection 5 by stnkmg out all 
of paragraph A (page 7, Imes 40 and 41 and page 8, Imes 1 and 2 m L D) and msertmg the 
followmg 
'A 
A government program or law, mcludmg, but not limited to, unemployment 
msurance under this Title and workers' compensation under Title 39-A other than for 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to 's P 800, L D 1964 
compensation received under Title 39-A, section 213 for an mmry that occurred pnor 
to the family leave or medical leave claim, or under other state or federal temporary or 
permanent d1sab1hty benefits law, or' 
Amend the bill m section 5 m sub-c 6-C m §850-D by stnkmg out all of subsect10n 4 
(page 8, Imes 19 to 24 m L D ) and msertmg the followmg 
'4 Confidentiahty. Any medical or health mformation regmred under this section 
must be treated as confidential and may not be disclosed except with permission from the 
covered md1v1dual who provided 1t unless disclosure is otherwise reguued by law Nothmg 
m this sect10n may be construed to compel a health care provider to provide any 
mformat10n for cert1ficat1on that would be m v10lation of Section 1177 of the federal Social 
Secunty Act, 42 Umted States Code, Section 1320d-6 ' 
Amend the bill m section 5 m sub-c 6-C m §850-D m subsection 5 m the 6th lme (page 
8, lme 3 0 m L D ) by strikmg out the followmg "admm1strator" and msertmg the followmg 
'department' 
Amend the bill m section 5 m sub-c 6-C m §850-E m subsection 1 m the 6th lme (page 
8, lme 3 8 m L D ) by strikmg out the followmg "admmistrator" and msertmg the followmg 
'department' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-E m subsection 1 m the 8th lme (page 
8, lme 40 m L D ) by stnkmg out the followmg "admmistrator" and msertmg the followmg 
'department' 
Amend the bill m section 5 m sub-c 6-C m §850-E by stJ.1kmg out all of subsect10n 3 
(page 9, Imes 8 to 10 m L D) and msertmg the followmg 
'3. Annualized amount The fund must mamtam an annualized amount as determmed 
by an annual study by a guahfied actuary that exammes the program's recent and expected 
future claims expenence, adm1mstrative expenses and target fund reqmrements ' 
Amend the bill m section 5 m sub-c 6-C m §850-E by stnkmg out all of subsection 6 
(page 9, Imes 26 to 42 and page 10, Imes 1 to 4 m L D) and msertmg the followmg 
'6. Report. Begmnmg October 1, 2026 and annually thereafter, the admmistrator shall 
publish a report providmg the followmg mformat10n concemmg the program for the 
prev10us fiscal year 
A The total claims made, the total eligible claims and the percentage of total eligible 
claims out of total claims made, 
B The percentage of eligible claims attributable to medical leave, 
C The percentage of eligible claims attributable to family leave for the serious health 
condition of a family member, 
D 
The percentage of eligible claims attributable to family leave other than for the 
birth, adopt10n or fostermg of a child, 
E The percentage of eligible claims attnbutable to family leave for the brrth, adoption 
or fostermg of a child, 
F 
The percentage of eligible claims attributable to family leave for a quahfymg 
exigency, 
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COMMITTEE AMENDMENT" A "to SP 800, L D 1964 
G The percentage of eligible claims attributable to family leave for a covered service 
member, 
H The claimant demographics by age, gender identification, race, ethmcity, average 
weekly wage, occupation and the type of leave taken, 
I The percentage of claims demed and the reasons for the demals, 
J The average weekly benefit amount paid for all clanns and by the type of leave 
taken, 
K The category of family member for whom family medical leave was taken to care 
for the family member's serious medical condition, 
L The time for mitial claims processmg and determmation, 
M The average length of time between an apphcat10n and receipt of benefits, 
N The average leave duration for each purpose of leave, and 
Any changes m gross benefits paid compared to the prev10us fiscal year 
The admmistrator shall submit the annual report required by this subsect10n to the 
department, the authority and the 1omt standmg committee of the Legislature havmg 
mrisdict10n over labor matters ' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-F by strikmg out all of subsect10n 2 
(page 10, Imes 9 to 11 m L D ) and msertmg the followmg 
'2. Employer to remit employer contribution reports and premmms. Begmnmg 
January 1, 2025, for each employee, an employer shall remit employer contribution reports 
and premmms m the form and manner determmed by the admimstrator Employer 
contribut10n reports and premmms must be remitted quarterly' 
Amend the bill m section 5 m sub-c 6-C m §850-F m subsection 3 by str1kmg out all 
of paragraph B (page 10, Imes 15 to 27 m L D) and msertmg the followmg 
'B Annually, for the 2028 calendar year and each calendar year thereafter, not later 
than October 1st, the department shall set the premmm for the commg calendar year 
based on a percentage of employee wages and at the rate necessary to obtam a total 
amount of premmm contributions m order to mamtam the solvency of the fund at a 
level of at least the annualized amount described m sect10n 850-E, subsection 3, plus 
an amount equal to 100% of the cost of admmistration of the payment of those benefits 
durmg the prev10us fiscal year, less the amount of net assets remammg m the fund as 
of June 30th of the current calendar year If, for the 2028 calendar year or any calendar 
year thereafter, the premmm rate admstment pursuant to this subsection is an mcrease 
and results m the difference between the rate of the upcommg calendar year and the 
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current calendar year equalmg more than O 1 % of wages paid, the department shall 
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submit a report regardmg fund solvency and factors contributmg to rate settmg to the 
1omt standmg committee of the Legislature havmg mrisdict10n over labor matters' 
Amend the bill m section 5 m sub-c 6-C m §850-F m subsect10n 4 m paragraph Am 
the first lme (page 10, lme 30 m L D) by msertmg after the followmg "~" the followmg 
'upto' 
Amend the bill m section 5 m sub-c 6-C m §850-F m subsection 4 m paragraph Am 
the 2nd lme (page 10, hne 31 m L D ) by strikmg out the followmg "for an employee" 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " to S P 800, L D 1964 
Amend the bill m section 5 m sub-c 6-C m §850-F m subsection 5 m paragraph Am 
the last lme (page 10, lme 39 m L D) by stnkmg out the followmg "premmm" and 
msertmg the followmg 'combmed premmm contnbut10n' 
Amend the bill m section 5 m sub-c 6-C m §850-F m subsection 9 m the last 2 Imes 
(page 11, Imes 15 and 16 m L D ) by stnkmg out the followmg "for the 2028 calendai year 
and annually thereafter" and msertmg the followmg 'annually' 
Amend the bill m section 5 m sub-c 6-C m §850-G m subsection 1 m the 4th lme (page 
11, lme 32 m L D) by stnkmg out the followmg "admmistrat01" and msertmg the 
followmg 'department' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-G m subsection 1 m the 6th lme (page 
11, lme 34 m L D) by stnkmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-G m subsection 3 m the last lme (page 
11, lme 43 m L D) by stnkmg out the followmg "administrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-G by msertmg after subsection 3 the 
followmg 
'4. Tribal government 
A tribal government may elect to be covered under this 
subchaptei, orto termmate coverage, m the same manner as provided m this section, sub1ect 
to such procedures as the department may reqmre by rule ' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 1 m the 2nd lme 
(page 12, lme 3 m L D) by stnkmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsect10n 1 m the 3rd lme (page 
12, lme 4 m L D) by stnkmg out the followmg "all of the same" 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 1 m the 4th lme (page 
12, lme 5 m L D) by msertmg after the followmg "benefits" the followmg 'substantially 
eqmvalent to those' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 1 m paragraph Am 
the last lme (page 12, lme 7 m L D) by strikmg out the followmg "1 and 2" and msertmg 
the followmg '2 and 3' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsect10n 1 by strikmg out all 
of paragraph B (page 12, Imes 8 to 10 m L D) and msertmg the followmg 
'B Providmg family leave benefits and medical leave benefits to a covered mdividual 
for a maximum number of weeks substantially eqmvalent to the maximum number of 
weeks reqmred m section 850-B, subsection 4 ma benefit year,' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 1 m paiagiaph Cm 
the last lme (page 12, lme 12 m L D) by stnkmg out the followmg "of at least" and 
msertmg the followmg 'that is substantially eqmvalent to' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 1 m paragraph D m 
the last lme (page 12, lme 14 m L D) by stnkmg out the followmg "of at least" and 
msertmg the followmg 'that is substantially egmvalent to' 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A " to S P 800, L D 1964 
Amend the bill m sect10n 5 m sub-c 6-C m §850-H m subsection 1 m paragraph Em 
the last lme (page 12, lme 16 m L D) by strikmg out the followmg ".4" and msertmg the 
followmg 'i' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsect10n 2 m paragraph Am 
the last lme (page 12, lme 31 m L D) by strikmg out the followmg "admmistrator" and 
msertmg the followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 2 m paragraph Cm 
the last lme (page 12, lme 35 m L D) by str1kmg out the followmg "appioved by" and 
msertmg the followmg 'authorized to do busmess m' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 3 m the first lme 
(page 12, lme 36 m L D) by strikmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsect10n 5 m the 2nd lme 
(page 13, lme 10 m L D) by strikmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 6 m the 2nd lme 
(page 13, lme 13 m L D) by strikmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsect10n 6 m the 3rd lme (page 
13, lme 14 m L D) by strikmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-H m subsection 7 m the first lme 
(page 13, lme 16 m L D ) by strikmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 7 m the 2nd lme 
(page 13, lme 17 m L D) by strikmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 7 m the 4th lme (page 
13, lme 19 m L D) by strikmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 7 m the 5th lme (page 
13, lme 20 m L D) by strikmg out the followmg "admimstrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-H m subsection 7 m the 5th lme (page 
13, lme 20 m L D) by strikmg out the followmg "admmistrator shall" and msertmg the 
followmg 'department shall' 
Amend the bill m section 5 m sub-c 6-C m §850-H by msertmg after subsection 7 the 
followmg 
'8. Rules. 
The department shall adopt rules m accordance with sect10n 850-0 
regardmg the determmat10n of what constitutes a private plan that may be approved under 
this section ' 
COMMITTEE AMENDMENT 
ROS 
' \ 
I 
COMMITTEE AMENDMENT" A "to SP 800, L D 1964 
Amend the bill in section 5 in sub-c 6-C in §850-I in subsect10n 1 in the 2nd line (page 
13, line 24 in L D) by stnking out the following "admimstrator" and inserting the 
following 'department' 
Amend the bill in sect10n 5 in sub-c 6-C m §850-I in subsection 1 m the 3rd lme (page 
13, line 25 in L D) by stnking out the following "administrator" and inserting the 
following 'department' 
Amend the bill in section 5 in sub-c 6-C m §850-I in subsection 1 m the last lme (page 
13, line 30 in L D) by stnking out the following "admm1strator" and insertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C in §850-I m subsect10n 2 in the 3rd line (page 
13, line 33 m L D) by stnkmg out the following "administrator" and inserting the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-I by stnking out all of subsection 4 
(page 14, Imes 7 to 12 m L D) 
Amend the bill m section 5 111 sub-c 6-C by stnkmg out all of §850-J (page 14, Imes 
to 25 m L D ) and inserting the following 
'§850-J. Employer regmrements; return to work from family or medical leave 
1. Restorat10n to position upon return to work. Except for an employee who has 
not been employed for at least 120 days, an employee who exercises the nght to family 
leave or medical leave under this subchapter 1s entitled, upon return from that leave, to be 
restored by the employer to the position held by the employee when the leave commenced 
or to be restored to an egmvalent posit10n with egmvalent employment benefits, pay and 
other terms and conditions of employment 
2. Retaliation prohibited. An employer may not discharge, fire, suspend, expel or 
disciplme, through the application of attendance policies or otherwise, or threaten or m any 
manner discnminate agamst an employee for the exercise of any nght to which the 
employee 1s entitled under this subchapter or with the purpose of mterfering with the 
exercise of any nght to which the employee is entitled under this subchapter 
3. Enforcement; v10lation. The department shall take enforcement act10n against an 
employer for a v10lat10n of this sect10n ' 
Amend the bill m section 5 m sub-c 6-C m §850-K in subsection 1 in the first line 
(page 14, line 27 m L D) by stnking out the following 
11adm1mstrator
and inserting the 
followmg 'department' 
Amend the bill m section 5 in sub-c 6-C in §850-K in subsect10n 1 in the 3rd line (page 
14, line 29 in L D ) by stnkmg out the followmg 
11admin1strat01
and insertmg the 
followmg 'department' 
Amend the bill m section 5 in sub-c 6-C in §850-K m subsection 2 m the last line (page 
14, lme 34 m L D) by strikmg out the followmg "admmistrator" and insertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C in §850-K in subsect10n 3 in the first lme 
(page 14, lme 35 m L D) by stnkmg out the following "adm1mstrator" and msertmg the 
followmg 'depart!}lent' 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT " f\ " to S P 800, L D 1964 
Amend the bill m section 5 m sub-c 6-C m §850-L m subsect10n 1 m the 3rd hne (page 
14, lme 42 m L D) by stnkmg out the followmg "administrator" and msertmg the 
followmg 'department' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-L m subsection 2 m the 3rd lme (page 
15, lme 5 m L D ) by stnkmg out the followmg "admmistrator" and msertmg the followmg 
'department' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-L m subsect10n 2 m the 4th lme (page 
15, lme 6 m L D) by stnkmg out the followmg "admmistrator" and msertmg the followmg 
'department' 
Amend the bill m section 5 m sub-c 6-C m §850-M m subsection 1 m the 3rd hne 
(page 15, lme 12 m L D ) by stnkmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-M by stnkmg out all of subsection 2 
(page 15, Imes 21 to 26 m L D) 
Amend the bill m section 5 m sub-c 6-C m §850-M m subsection 3 m the first lme 
(page 15, lme 27 m L D) by stnkmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-M by strikmg out all of subsect10n 4 
(page 15, Imes 30 and 31 m L D) 
Amend the bill m section 5 m sub-c 6-C m §850-M m subsection 5 m the first lme 
(page 15, lme 32 m L D) by stnkmg out the followmg "admmistrator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-M m subsect10n 5 m the 2nd lme 
(page 15, lme 33 m L D ) by msertmg after the followmg "regardmg" the followmg 
'federal and state' 
Amend the bill m section 5 m sub-c 6-C m §850-M m subsection 5 111 the 4th lme 
(page 15, lme 35 111 L D) by stnkmg out the followmg "administrator" and msertmg the 
followmg 'department' 
Amend the bill m sect10n 5 m sub-c 6-C §850-M by renumbermg the subsect10ns to 
0 
read consecutively 
Amend the bill m section 5 m sub-c 6-C m §850-0 by stnkmg out all of subsect10n 1 
(page 16, Imes 4 to 22 m L D) and msertmg the followmg 
'1. Membership; appomtments. The authority consists of the followmg 15 members 
A Eleven members appomted by the Governor, sub1ect to review by the 10mt standmg 
committee of the Legislature havmg mnsdiction over labor matters and to confirmation 
6 
by the Senate 
(1) 
One member with expertise m issues affectmg labor and mdependent 
8 
contractors, 
(2) One employer with more than 50 employees, 
(3) One member with expertise m issues related to paid family leave benefits and 
paid medical leave benefits, 
COMMITTEE AMENDMENT 
ROS 
' \ 
I 
I 
COMMITTEE AMENDMENT" A "to SP 800, L D 1964 
(4) One employer with 50 or fewer employees, 
(5) One member who 1s self-employed, 
(6) One member who 1s an employer m the hospitality mdustry, 
(7) 
One member with expertise m treatmg issues affectmg maternity and 
postpartum care, 
(8) One member with expertise m agnculture, a seasonal workforce or a hentage 
mdustry, 
(9) One member with expertise m issues affectmg elde1 care, 
(10) One member with expertise m child care and early childhood development, 
and 
(11) One member with expertise m employment law representmg employee 
mterests, 
B The comm1ss1oner or the comm1ss1oner's des1gnee, 
C The controller or the controller's des1gnee, 
D The Comm1ss10ner of Professional and Fmancial Regulation or the comm1ss1oner's 
des1gnee, and 
E One employee of the Department of Health and Human Services with expertise m 
foster care and adoption designated by the comm1ss1oner ' 
Amend the bill m section 5 m sub-c 6-C m §850-0 m subsection 5 m the first lme 
(page 16, lme 32 m L D) by stnkmg out the followmg "admm1strator" and msertmg the 
followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-0 m subsection 5 m the last lme (page 
16, lme 33 m L D) by stnkmg out the followmg " Admm1strator" and msertmg the 
followmg ', and' 
Amend the bill m section 5 m sub-c 6-C m §850-0 m subsect10n 6 m the 3rd lme (page 
16, lme 36 m L D) by str1kmg out the followmg "admm1strator" and msertmg the 
followmg 'department' 
Amend the bill m sect10n 5 m sub-c 6-C m §850-0 by strtkmg out all of subsect10n 7 
(page 16, lme 39 and page 17, Imes 1 to 12 m L D) and msertmg the followmg 
'7. Duties. The authonty 
A Shall momtor the program on an ongomg basis to ensure the program's efficacy and 
performance, mcludmg its fiscal accountability and its fmancial solvency, 
B Owes a fiduciary duty to the program and shall momtor and issue recommendations 
regardmg the program's financial solvency, 
C 
Shall propose changes to or advise the admm1strator on the laws, rules, 
admm1strator policies and other s1gmficant issues related to paid famtly leave benefits 
and paid medical leave benefits, 
D 
Shall provide policy oversight and recommendations on the admmistrat10n and 
structure of the program, 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "f\ "to S P 800, L D 1964 
E 
Shall review and make recommendations to the commiss10ner related to the 
relationship between the admimstrator and the employers and employees paiiicipatmg 
m the program and any education and outreach needs of the program, 
F Shall solicit and consider pubhc comment on the admmistration of the program, 
G 
Shall consider and make recommendat10ns on how to support employers with 
implementation of the program and mamtam stability of the labor wmkforce for 
employers, 
H May review all contracts regardmg the program, mcludmg its admmistration and 
fmancial solvency, and 
I 
May recommend suggested legislation to the 1omt standmg committee of the 
Legislature havmg tunsdictlon over labor matters The 1omt standmg committee of the 
Legislatui e havmg 1unsdict10n over labor matters may submit a bill to any regular or 
special sess10n based on legislation suggested m accordance with this paragraph ' 
Amend the bill m section 5 m sub-c 6-C m §850-P by strikmg out all of the first 
mdented paragraph (page 17, Imes 14 to 20 m L D) and msertmg the followmg 
'Contributions must begm January 1, 2025 to provide funds for the fund The 
admmistrator shall begm processmg claims on May 1, 2026, except that, by February 1, 
2026, the authority shall conduct an actuarial study to ensure the solvency of the fund m 
order to begm processmg claims on May 1st If additional contributions are required based 
on the results of the actuarial study, the authority, through a ma1ority vote, may reqmre a 
one-tune suspens10n of claims payments of no longei than 3 months ' 
Amend the bill m section 5 m sub-c 6-C m §850-Q m the first mdented paragraph m 
the first lme (page 17, hne 26 m L D) by strikmg out the followmg "admmistrator" and 
msertmg the followmg 'department' 
Amend the bill m section 5 m sub-c 6-C m §850-Q m the first 111dented paragraph 111 
the 2nd hne (page 17, hne 27 111 L D) by strik111g out the follow111g "admmistrator" and 
msertmg the followmg 'department' 
Amend the bill by msertmg after sect10n 6 the followmg 
'Sec. 7. Imtial appomtments. The Governor shall appomt the mitrnl members of 
the Paid Family and Medical Leave Benefits Authority pursuant to the Mame Revised 
Statutes, Title 26, sect10n 850-0, subsection 1, paragraph A no later than January 1, 2024 
Sec. 8. Transfer from General Fund unappropriated surplus; Paid Family 
and Medical Leave Insurance Fund. Notwithstandmg any provision of law to the 
contrary, on or before October 31, 2023, the State Controller shall transfer $12,000,000 
from the unappropriated surplus of the General Fund to the Department of Labor, Paid 
Family and Medical Leave Insurance Fund, Other Special Revenue Funds account to 
provide funds for the imtial start-up costs to establish the paid family and medical leave 
benefits piogram 
Sec. 9. Transfer from General Fund unappropriated surplus; Paid Family 
and Medical Leave Insurance Fund. N otwithstandmg any provis10n of law to the 
contrary, on or before July 31, 2024, the State Controller shall tlansfer $13,000,000 from 
the unappropriated surplus of the General Fund to the Department of Labor, Paid Family 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A "to SP 800, L D 1964 
and Medical Leave Insurance Fund, Other Special Revenue Funds account to provide funds 
for the mittal start-up costs to establish the paid family and medical leave benefits program 
Sec. 10. Appropriations and allocations. The followmg appropnat1ons and 
allocations are made 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Departments and Agencies - Statewide 0016 
Imt1ative Allocates ongomg funds for the State's share of the premmm contributions for 
family and medical leave benefits effective January 1, 2025 
IDGHWAYFUND 
2023-24 
2024-25 
All Other 
$0 
$272,075 
HIGHWAY FUND TOTAL 
$0 
$272,075 
Departments and Agencies - Statewide 0016 
Imtiative Provides ongomg funds for the State's share of the premmm contnbut1ons for 
family and medical leave benefits effective January 1, 2025 
GENERAL FUND 
2023-24 
2024-25 
All Other 
$0 
$984,444 
GENERAL FUND TOTAL 
$0 
$984,444 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
DEPARTMENT TOTALS 
2023-24 
2024-25 
GENERAL FUND 
$0 
$984,444 
IDGHWAYFUND 
$0 
$272,075 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$1,256,519 
LABOR, DEPARTMENT OF 
Paid Family and Medical Leave Insurance Fund N 453 
Imtiative Allocates ongomg funds for one Pubhc Service Executive III position, one Pubhc 
Service Manager III position, one Pubhc Service Manager II position, 3 Office Associate 
II positions and 2 Management Analyst II pos1t10ns to establish and adm1mste1 the paid 
family and medical leave benefits program 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
POSITIONS - LEGISLATIVE COUNT 
000 
000 
Personal Services 
$500,000 
$859,500 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$500,000 
$859,500 
Paid Family and Medical Leave Insurance Fund N 453 
\ 
\ 
J 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A "to S P 800, L D 1964 
Imtiat1ve Allocates ongomg funds for 2 Tax Section Manager pos1t1ons, one Labor 
Program Specialist pos1t10n, one Semor Hearmg Exammer pos1t1on, 4 Accountmg 
Associate II pos1t1ons, 4 Accountmg Specialist pos1t1ons, 4 Hearmg Officer pos1t1ons, one 
Fmanc1al Analyst pos11Ion, 3 Field Advisor pos1t10ns and 3 Auditor II pos1t10ns to 
admm1ster the paid family and medical leave benefits program 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Paid Family and Medical Leave Insurance Fund N453 
2023-24 
000 
$0 
$0 
2024-25 
000 
$1,786,800 
$1,786,800 
Imt1ative Allocates funds for the contractmg, travel, rent, technology and other general 
operatmg costs associated with 1mplementmg and admm1stermg the paid family and 
medical leave benefits program 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
LABOR, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
IDGHWAYFUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2023-24 
$11,315,000 
$11,315,000 
2023-24 
$11,815,000 
$11,815,000 
2024-25 
$10,015,000 
$10,015,000 
2024-25 
$12,661,300 
$12,661,300 
2023-24 
2024-25 
$0 
$984,444 
$0 
$272,075 
$11,815,000 
$12,661,300 
$11,815,000 
$13,917,819 
5 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
6 
number to read consecutively 
SUMMARY 
8 
This amendment 1s the maJonty report of the committee The amendment changes the 
title and makes the followmg changes to the bill 
It establishes mmimum cntena for the evaluat10n of proposals 1f the Department of 
Labor uses a competitive b1ddmg process to contract with a 3rd party for claims 
admm1strat1on for the paid family and medical leave benefits program 
COMMITTEE AMENDMENT 
\ 
ROS 
COMMITTEE AMENDMENT" /Jr" to SP 800, L D 1964 
It authorizes a tribal government to elect to participate m the program 
It clarifies the definition of "wages " 
It clarifies the definition of "quahfymg exigency" related to a request for leave 
necessitated by a famtly member's active mtlitary service 
It reduces the maximum amount of family leave and medical leave that an individual 
may take m a year from 16 weeks to 12 weeks 
It reduces the maximum weekly benefit amount from 120% of the state average 
weekly wage to 100% of the state average weekly wage and provides that the determmation 
of the weekly benefit amount is calculated m a manner to ensure that an individual receives 
wage replacement at a rate of 90% for the port10n of the covered mdividual's average 
weekly wage that is equal to or less than 5 0% of the state average weekly wage and at a 
rate of 66% for that port10n of the covered mdividual's average weekly wage that is more 
than 50% of the state average weekly wage up to the maximum weekly benefit 
Except for an employee who has not been employed for at least 120 days, the 
amendment provides that an employee is entitled to the same position or an eqmvalent 
position upon return to work from family leave or medical leave 
Absent an emergency, illness or other sudden necessity for takmg leave, the 
amendment requires an employee to give reasonable notice to the employee's supervisor of 
the employee's mtent to use leave and specifies that use of leave must be scheduled to 
prevent undue hardship on the employer 
It makes changes to the membership of the Paid Family and Medical Leave Benefits 
Authority, provides that the authority owes a fiduciary duty to the program and requn es the 
mitial appomtment of members no later than January 1, 2024 
It makes techmcal changes regarding the admmistrat10n and oversight of the 
program 
It reqmres the State Controller to transfer $12,000,000 on or before Octobei 31, 
2023 and $13,000,000 on or before July 31, 2024 from the unappropriated surplus of the 
General Fund to the department to provide funds for the initial start-up costs of the program 
It also adds an appropriat10ns and allocations section 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/15/23 feae 
LD 1964 
LR9(02) 
An Act to Implement the Recommendations of the Commission to Develop a Paid Family and Medical 
Leave Benefits Program 
Fiscal Note for Bill as Amended by Committee Amendment '~"(S-'3fSl 
Committee· Labor and Housing 
Net Cost (Savmgs) 
General Fund 
Highway Fund 
Appropriations/ Allocations 
General Fund 
Highway Fund 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Transfers 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Reqmred: Yes 
Fiscal Note 
FY 2023-24 
$12,000,000 
$0 
$0 
$0 
$11,815,000 
$0 
FY2024-25 
$13,984,444 
$272,075 
$984,444 
$272,075 
$12,661,300 
$168,981,000 
($12,000,000) 
($13,000,000) 
$12,000,000 
$13,000,000 
ProJections 
FY2025-26 
$2,008,267 
$555,033 
$2,008,267 
$555,033 
$65,253,267 
$345,230,000 
$0 
$0 
Projections 
FY2026-27 
$2,048,432 
$566,134 
$2,048,4 
$566,134 
$316,899,800 
$360,074,200 
$0 
$0 
This bill implements a paid famtly and medical leave benefits program that entitles eligible mdivtduals to take leave 
from employment for certam farmly and medical reasons and receive paid benefits dunng that leave It authonzes the 
assessment of a premium based on employee wages, to begm on January 1, 2025, to fmance the payment of benefits as 
well as admmtstrat1ve costs The bill provides that the prermum amount may not be more than a combmed rate of 
0% of wages and that the contr1but10n rate requrred to be remttted by an employer from employee wages must be 
determmed by rule This bill mcludes ongomg General Fund appropnations of $984,444 and Highway Fund 
allocat10ns of $272,075 to the Department and Agencies - Statewide program withm the Department of Admmtstrative 
and Fmancial Services for the State's contnbut10ns effective January 1, 2025 This fiscal note assumes that the 
requrred contnbut10n will be 1 0% and the State will contnbute 50% of the cost 
LR0009(02) - Fiscal Note - Page 1 of 2 
This fiscal note utilizes mformat10n from the Mame Paid Family and Medical Leave Benefits Program actuanal study 
dated August 2022, performed by Milliman, Inc Milliman, Inc prepared numerous program "design options" with 
varymg assumptions on mcome replacement, wa1tmg penods and benefit penods to estimate the contnbutlons and 
benefit amounts that each option would generate Design option 7, which assumes 90% mcome replacement, a 7-day 
wa1tmg penod and a 12-week benefits penod was determmed to most closely reflect the prov1s10ns m this bill Based 
on this opt10n, contnbutions of $168,981,000 are estimated to be received m fiscal year 2024-25 Future contnbutions 
are estrmated to be $345,230,000 m fiscal year 2025-26 and $360,074,200 m fiscal year 2026-27 The amount of 
benefits to be paid to eligible employees, begmmng May 1, 2026, are estimated to be $47,716,667 m fiscal year 2025-
and $298,400,000 m fiscal year 2026-27 Assummg these estimates are realized, the bill's required fund balance 
(annualized amount), defmed as 140% of the prev10us year's expenditures begmnmg m calendar year 2028, 1s likely to 
be achieved under a maximum 1 % combmed contnbut10n rate 
The Department of Labor has estrmated that 1t will cost approxrmately $11,815,600 m fiscal year 2023-24 and 
$12,661,300 m fiscal year 2024-25 to establish and implement the paid family and medical leave program Tlus 
estimates assumes fundmg for 8 positions m fiscal year 2023-24 and an add1t10nal 23 pos1t10ns m fiscal year 2024-25 
as well as All Other costs to support the pos1t1ons and system development and modifications for the collection of 
premiums Because contnbutions to support the program will not begm until the spnng of 2025, a one-time transfer 
of$12,000,000 no later than October 31, 2023 and an add1t10nal transfer of $13,000,000 no later than July 31, 2024 
from the unappropnated surplus of the General Fund to the Paid Family and Medical Leave Insurance Fund will be 
requrred The department estrmates 1t will requrre a total of36 pos1t10ns to fully admmlster the program begmnmg m 
fiscal year 2026-27 at a cost of 18,499,800 
As stated above, contnbut1ons received from the 1 % assessment on wages reflect the cost to all employers and 
employees m the State whether pnvate or public Although General Fund appropnat10ns and Highway Fund 
allocat10ns are mcluded m this bill to fund State agencies' share of the requrred contnbut1on as an employer, fundmg 
for other employers who may receive partial fundmg from the State, mcludmg but not limited to school admimstrative 
umts, mumc1palit1es and public higher educational mst1tut1ons, 1s not mcluded or estrmated at this trme Whether such 
entitles will requrre add1t10nal state fundmg m the future cannot be determmed at this time 
Any family leave benefits and medical leave benefits paid under the program are not subJect to the state mcome tax 
Addlt10nal costs to the Department of Profess10nal and Fmanc1al Regulat10n, the Department of Health and Human 
Services and the Department of Admrmstrat1ve and Fmanc1al Services to have a representative serve on the Paid 
Family and Medical Leave Benefits Authonty can be absorbed w1thm ex1stmg budgeted resources 
LR0009(02) -Fiscal Note - Page 2 of2