An Act to Exempt Certain Public School Districts and Their
Maine Legislature, Session 132, LD 1400
Committee: Labor
Sponsors: CARLOW
Amends: 26 MRSA §850-F, 26 MRSA §850-S

Legislative Document
No. 1400
H.P. 922
House of Representatives, April 1, 2025
An Act to Exempt Certain Public School Districts and Their 
Employees from the Paid Family and Medical Leave Benefits 
Program
Reference to the Committee on Labor suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARLOW of Buxton.
Cosponsored by Representatives: HAGGAN of Hampden, MORRIS of Turner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §850-F, sub-§8-A is enacted to read:
8-A.  School districts exemption.  A school district that meets the requirements of 
section 850-S is not required to remit premiums to the fund under this section.
Sec. 2.  26 MRSA §850-S is enacted to read:
§850-S.  Substitution of benefits provided by school districts
An employer that is a school district meets its obligations under this subchapter if:
1. Substantially equivalent benefits. The school district provided family leave and 
medical leave benefits substantially equivalent to those provided under this subchapter 
pursuant to a collective bargaining agreement in effect on January 1, 2025; and
2. Continually maintains benefits. The school district continually maintains paid 
family leave and medical leave benefits for employees substantially equivalent to those 
provided under this subchapter pursuant to a collective bargaining agreement or other 
contractual agreement, including benefits for sick leave and family sick leave, that accrue 
annually to at least 12 weeks of leave.
Sec. 3. Department of Labor to refund contributions made by school 
districts. The Department of Labor shall refund contributions made to the department 
pursuant to the Maine Revised Statutes, Title 26, section 850-F made by a school district 
that meets the requirements of Title 26, section 850-S. A school district employer that 
deducted a portion of the premium to the employee as part of the employee's wage shall 
remit that portion of the premium to the employee as part of the employee's wage.
Sec. 4.  Retroactivity. This Act applies retroactively to October 25, 2023.
SUMMARY
This bill provides that a school district is exempt from the paid family and medical 
leave benefits program if the school district:
1. Provided family leave and medical leave benefits substantially equivalent to those 
provided in the paid family and medical leave benefits program pursuant to a collective 
bargaining agreement in effect on January 1, 2025; and
2. Continually maintains substantially equivalent paid family leave and medical leave 
benefits for employees pursuant to a collective bargaining agreement or other contractual 
agreement, including benefits for sick leave and family sick leave, that accrue annually to 
at least 12 weeks of leave.
It also requires the Department of Labor to refund contributions made to the department 
by a school district before the school district was exempt from the paid family and medical 
leave benefits program. It requires a school district employer that deducted a portion of the 
premium to the employee as part of the employee's wage to remit that portion of the 
premium to the employee as part of the employee's wage.