An Act to Exempt Agricultural Employers and Employees from the
Maine Legislature, Session 132, LD 0952
Sponsors: BLACK
Amends: 26 MRSA §850-A

Legislative Document
No. 952
S.P. 407
In Senate, March 11, 2025
An Act to Exempt Agricultural Employers and Employees from the 
Maine Paid Family and Medical Leave Benefits Program
(EMERGENCY)
Received by the Secretary of the Senate on March 6, 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 Senator BLACK of Franklin.
Cosponsored by Representatives: COOPER of Windham, CRAY of Palmyra, GUERRETTE of 
Caribou.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, contributions to the paid family and medical leave benefits program 
established in the Maine Revised Statutes, Title 26, chapter 7, subchapter 6-C began on 
January 1, 2025; and
Whereas, to stop economic harm to individuals employed in agriculture and their 
employers, contributions must stop and be refunded as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §850-A, sub-§13, as enacted by PL 2023, c. 412, Pt. AAA, §7, 
is amended to read:
13.  Employee.  "Employee" means a person who may be permitted, required or 
directed by an employer in consideration of direct or indirect gain or profit to engage in 
any employment in the State but does not include an independent contractor or any 
individual employed in agriculture, as described in the Employment Security Law and the 
Federal Unemployment Tax Act, 26 United States Code, Section 3311.
Sec. 2.  26 MRSA §850-A, sub-§14, as enacted by PL 2023, c. 412, Pt. AAA, §7, 
is amended by amending the first blocked paragraph to read:
"Employer" does not include the Federal Government or any person, sole proprietorship, 
partnership, corporation, association or other business entity that employs individuals in 
agriculture, as described in the Employment Security Law and the Federal Unemployment 
Tax Act, 26 United States Code, Section 3311, in this State.
Sec. 3.  Department of Labor to refund contributions made by employers 
and self-employed individuals under law.  The Department of Labor shall refund to 
an employer of individuals in agriculture, as described in the Employment Security Law 
and the Federal Unemployment Tax Act, contributions made by the employer to the 
Department of Labor pursuant to the Maine Revised Statutes, Title 26, section 850-F. An 
employer that deducted a portion of the premium required for an employee from that 
employee's wages shall remit that portion of the premium to the employee as part of the 
employee's wage.
Sec. 4.  Retroactivity. Those sections of this Act that amend the Maine Revised 
Statutes, Title 26, section 850-A, subsections 13 and 14 apply retroactively to October 25, 
2023.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill removes any individual employed in agriculture as described by the 
Employment Security Law and the Federal Unemployment Tax Act from the paid family 
and medical leave benefits program. The bill requires the Department of Labor to refund 
contributions made by employers of individuals in agriculture pursuant to the paid family 
and medical leave benefits program. It requires an employer that deducted a portion of the 
premium required for an employee from that employee's wages to remit that portion of the 
premium to the employee as part of the employee's wage.