An Act to Amend the Laws Governing Paid Family and Medical
Maine Legislature, Session 132, LD 0894
Sponsors: DAUGHTRY, CLOUTIER
Amends: 26 MRSA §850-B, 26 MRSA §850-F, 26 MRSA §850-H, 26 MRSA §1401-A

Legislative Document
No. 894
S.P. 383
In Senate, March 11, 2025
An Act to Amend the Laws Governing Paid Family and Medical 
Leave
Submitted by the Department of Labor pursuant to Joint Rule 204.
Received by the Secretary of the Senate on March 5, 2025.  Referred to the Committee on 
Labor pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President DAUGHTRY of Cumberland.
Cosponsored by Representative CLOUTIER of Lewiston.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §850-B, sub-§5, as amended by PL 2023, c. 643, Pt. ZZZ, §4, is 
further amended to read:
5.  Intermittent leave requirements.  Leave permitted by this section may be taken 
by an employee intermittently in increments equaling not less than one work day, or on a 
reduced leave schedule otherwise unless a lesser increment is agreed to by the employee 
and the employer, except that the employee and employer may not agree for to leave under 
this section to be taken in increments of less than one hour. The taking of leave 
intermittently or on a reduced leave schedule pursuant to this subsection may not result in 
a reduction in the total amount of leave to which the covered individual is entitled under 
this subchapter.
Sec. 2.  26 MRSA §850-B, sub-§13 is enacted to read:
13.  Bureau of Paid Family and Medical Leave; responsibilities of commissioner.  
Except as otherwise provided in this subchapter, the Commissioner of Labor shall 
administer this subchapter through the Bureau of Paid Family and Medical Leave. The 
commissioner may employ persons, make expenditures, require reports, make 
investigations, impose assessments, coordinate with other departments and bureaus and 
take other actions the commissioner determines necessary or suitable to administer this 
subchapter. The commissioner shall determine methods of operational procedures in 
accordance with the provisions of this subchapter.
Sec. 3.  26 MRSA §850-F, sub-§11 is enacted to read:
11.  Enforcement to collect delinquent premium contributions, penalties and 
assessments.  If an employer fails to make a payment in whole or in part of premium 
contributions, including penalties or assessments imposed, and the employer has exhausted 
all rights to an appeal, the department may enforce collection by:
A. Filing a civil action to collect unpaid premium contributions, penalties and 
assessments in the name of the commissioner, and the employer may be ordered to pay 
the costs of that action; and
B. Collecting by levy on a 3rd party that has possession or control of property in which 
the employer may have an interest the amount owed to the department for delinquent 
premium contributions, penalties and assessments consistent with section 1233.
Sec. 4.  26 MRSA §850-F, sub-§12 is enacted to read:
12.  Liability of successor for delinquent premium contributions, penalties and 
assessments.  An individual or organization that acquires an employer's organization, trade 
or business or a substantial part of the assets of that organization, trade or business is liable 
to the department for any premium contributions, penalties and assessments unpaid by the 
employer in the amount owed. The individual's or organization's liability under this 
subsection may not exceed the reasonable value of the organization, trade or business or 
assets acquired. Upon written request, the department shall provide the successor individual 
or organization with information about the amount owed and other information as 
determined necessary.
Sec. 5.  26 MRSA §850-H, sub-§6, as enacted by PL 2023, c. 412, Pt. AAA, §7, is 
amended to read:
6.  Violations.  Employers offering private plans that violate this section are subject to 
a fine of $100 per violation. If an employer's private plan benefit coverage is found to have 
lapsed during a period of a private plan substitution approved under this section, the 
employer may be assessed a fine equal to the amount of the premiums the employer would 
owe to the fund pursuant to section 850-F for the time period in which coverage was not 
provided plus a penalty of 1.0% of that employer's total payroll for the same period. An 
employer may not deduct any employee portion of the premiums to pay this fine. The 
department shall transfer any fines collected pursuant to this subsection to the fund.  The 
department by rule shall establish a process for the assessment and appeal of fines under 
this subsection.
Sec. 6.  26 MRSA §1401-A, sub-§2, as amended by PL 2017, c. 110, §10, is further 
amended to read:
2.  Commissioner; entities incorporated.  The department consists of a 
Commissioner of Labor, referred to in this chapter as "the "commissioner," appointed by 
the Governor and subject to review by the joint standing committee of the Legislature 
having jurisdiction over labor matters and to confirmation by the Legislature, to serve at 
the pleasure of the Governor, and the following entities as previously created or established 
are incorporated into the Department of Labor:
A.  The Bureau of Unemployment Compensation;
B.  The Bureau of Employment Services;
C.  The Bureau of Labor Standards;
D.  The Bureau of Rehabilitation Services;
F.  The Center for Workforce Research and Information; and
I.  The State Workforce Board.; and
J.  The Bureau of Paid Family and Medical Leave.
SUMMARY
This bill amends the laws governing paid family and medical leave as follows.
1. It clarifies that intermittent leave of an employee of less than one work day may not 
be taken unless it is agreed to by the employee and the employer.
2. It establishes in statute the Bureau of Paid Family and Medical Leave within the 
Department of Labor to administer the paid family and medical leave benefits program.
3. It establishes remedies for the Department of Labor to enforce the collection of 
delinquent premium contributions, penalties and assessments on employers that fail to 
make payments required by the program.
4. It establishes liability for individuals or organizations with respect to premium 
contributions, penalties and assessments owed by employers acquired by those individuals 
or organizations.
5. It establishes penalties for employers that allow private plan benefit coverage to 
lapse during a period of an approved private plan substitution.