reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4: EMPLOYMENT OF WOMEN AND CHILDREN › Article 3: MINORS › 26 §784. -- certification of false statements

§784. -- certification of false statements
Whoever, being authorized to sign the work permit, or whoever, signing any certified copy of a town clerk's record of birth, or certified copy of a child's baptismal record or a physician's certificate, knowingly certifies to any false statement therein shall be punished by a fine of not less than $25 nor more than $50, for each offense.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4: EMPLOYMENT OF WOMEN AND CHILDREN › Article 3: MINORS › 26 §785. Rulemaking

§785. Rulemaking
The Director of the Bureau of Labor Standards may adopt rules pursuant to Title 5, chapter 375, subchapter II that are consistent with this subchapter and considered appropriate or necessary for the proper administration and enforcement of this subchapter.   [PL 1993, c. 434, §6 (NEW).]
SECTION HISTORY
PL 1993, c. 434, §6 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4: EMPLOYMENT OF WOMEN AND CHILDREN › Article 3: MINORS › 26 §786. Traffic control duties

§786. Traffic control duties
1.  Traffic control duties permitted.
Notwithstanding any other provision of this article, a minor who is 14 years of age or older and is a volunteer participant in a career-oriented law enforcement program may perform traffic control duties in accordance with this section.
[PL 2013, c. 142, §2 (NEW).]
2.  Training.
A minor may not perform traffic control duties under this section until the minor has received traffic control training in accordance with the requirements of the supervising law enforcement agency. Proof of the minor's successful completion of the training must be maintained by the law enforcement agency.
[PL 2013, c. 142, §2 (NEW).]
3.  Supervision.
A minor may perform traffic control duties only under direct supervision of a law enforcement officer as part of a career-oriented law enforcement program. This supervision must:
A. Be from a close distance so that the officer does not become distracted or perform other duties; and   [PL 2013, c. 142, §2 (NEW).]
B. Include means of radio contact in the event that the minor needs to contact another officer for assistance.   [PL 2013, c. 142, §2 (NEW).]
[PL 2013, c. 142, §2 (NEW).]
4.  Limitations on events.
A minor may perform traffic control duties only at civic events, fair parking lots, parades, walks, foot races, car shows and charity events.
[PL 2013, c. 142, §2 (NEW).]
5.  Limitations on locations.
A minor may not:
A. Direct traffic or pedestrians on busy roadways or thoroughfares;   [PL 2013, c. 142, §2 (NEW).]
B. Assist in traffic control at places of heightened danger such as traffic stops or roadblocks;   [PL 2013, c. 142, §2 (NEW).]
C. Direct traffic in conjunction with crowd control or riot control;   [PL 2013, c. 142, §2 (NEW).]
D. Collect donations at a traffic light;   [PL 2013, c. 142, §2 (NEW).]
E. Direct traffic at funeral processions; or   [PL 2013, c. 142, §2 (NEW).]
F. Direct traffic at the scene of an emergency.   [PL 2013, c. 142, §2 (NEW).]
[PL 2013, c. 142, §2 (NEW).]
6.  Night activities prohibited.
A minor may perform the activities authorized under this section only during the period from sunrise to sunset.
[PL 2013, c. 142, §2 (NEW).]
SECTION HISTORY
PL 2013, c. 142, §2 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §791. Legal identity (REPEALED)

§791. Legal identity
(REPEALED)
SECTION HISTORY
PL 1969, c. 478, §1 (NEW). PL 1983, c. 176, §A8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §792. Membership representation (REPEALED)

§792. Membership representation
(REPEALED)
SECTION HISTORY
PL 1969, c. 478, §1 (NEW). PL 1983, c. 176, §A8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §793. Committee tenures (REPEALED)

§793. Committee tenures
(REPEALED)
SECTION HISTORY
PL 1969, c. 478, §1 (NEW). PL 1983, c. 176, §A8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §794. Nonpartisan status (REPEALED)

§794. Nonpartisan status
(REPEALED)
SECTION HISTORY
PL 1969, c. 478, §1 (NEW). PL 1983, c. 176, §A8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §795. Committee officers (REPEALED)

§795. Committee officers
(REPEALED)
SECTION HISTORY
PL 1969, c. 478, §1 (NEW). PL 1983, c. 176, §A8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §796. Primary duties (REPEALED)

§796. Primary duties
(REPEALED)
SECTION HISTORY
PL 1969, c. 478, §1 (NEW). PL 1983, c. 176, §A8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §797. Authorization (REPEALED)

§797. Authorization
(REPEALED)
SECTION HISTORY
PL 1969, c. 478, §1 (NEW). PL 1983, c. 176, §A8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §798. Expenses of committee members; payment; office (REPEALED)

§798. Expenses of committee members; payment; office
(REPEALED)
SECTION HISTORY
PL 1969, c. 478, §1 (NEW). PL 1983, c. 176, §A8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §799. Committee (REPEALED)

§799. Committee
(REPEALED)
SECTION HISTORY
PL 1983, c. 176, §A9 (NEW). PL 1985, c. 295, §38 (AMD). PL 1989, c. 49, §4 (AMD). PL 1997, c. 410, §5 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §800. Membership (REPEALED)

§800. Membership
(REPEALED)
SECTION HISTORY
PL 1983, c. 176, §A9 (NEW). PL 1983, c. 819, §A57 (AMD). PL 1993, c. 600, §A20 (AMD). PL 1997, c. 410, §6 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §801. Powers and duties (REPEALED)

§801. Powers and duties
(REPEALED)
SECTION HISTORY
PL 1983, c. 176, §A9 (NEW). PL 1989, c. 49, §5 (AMD). PL 1993, c. 600, §§A21,22 (AMD). PL 1997, c. 410, §7 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §802. Administrative authority (REPEALED)

§802. Administrative authority
(REPEALED)
SECTION HISTORY
PL 1983, c. 176, §A9 (NEW). PL 1985, c. 295, §39 (AMD). PL 1985, c. 785, §B116 (AMD). PL 1997, c. 410, §8 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-A: EMPLOYMENT OF THE HANDICAPPED › 26 §803. Authorization (REPEALED)

§803. Authorization
(REPEALED)
SECTION HISTORY
PL 1993, c. 600, §A23 (NEW). PL 1997, c. 683, §D2 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 4-B: SEXUAL HARASSMENT POLICIES › 26 §806. Definitions

§806. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 474, §2 (NEW).]
1.  Commission.
"Commission" means the Maine Human Rights Commission described in Title 5, chapter 337, subchapter II.
[PL 1991, c. 474, §2 (NEW).]
1-A.  Department.
"Department" means the Department of Labor.
[PL 2017, c. 162, §1 (NEW).]
2.  Employee.
"Employee" means any person engaged to work on a steady or regular basis, whether full-time or part-time, by an employer located or doing business in the State.
[PL 1991, c. 474, §2 (NEW).]
3.  Employer.
"Employer" means any person, partnership, firm, association, corporation, employment agency, labor organization, joint apprenticeship committee or other legal entity, public or private, that is located or doing business in the State. The term "employer" includes, but is not limited to:
A. Any person, partnership, firm, association or corporation acting in the interest of any employer, directly or indirectly; and   [PL 1991, c. 474, §2 (NEW).]
B. The State in its capacity as an employer.   [PL 1991, c. 474, §2 (NEW).]
[PL 1991, c. 474, §2 (NEW).]
4.  Sexual harassment.
"Sexual harassment" has the same meaning as found in rules adopted by the Maine Human Rights Commission under the Maine Human Rights Act, Title 5, section 4572.
[PL 1991, c. 474, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 474, §2 (NEW). PL 2017, c. 162, §1 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5: LEAVE RELATING TO RESERVE TRAINING OR MILITARY SERVICE › 26 §812. Right to benefits retained

§812. Right to benefits retained
1.  Benefits accrual.
Absence for military training as described in section 811 does not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of employment normally to be anticipated in the employee's particular position.
[PL 2001, c. 662, §12 (NEW).]
2.  Extension of insurance benefits.
Insurance benefits must be extended according to this subsection.
A. A public or private employer shall continue, at no additional cost to the member, the existing health, dental and life insurance benefits for at least the first 30 days of the military duty for any member of the National Guard or the Reserves of the United States Armed Forces if the member takes a military leave of absence from a position with that employer, other than a temporary position, in response to state or federal military orders.   [PL 2001, c. 662, §12 (NEW).]
B. After the expiration of the first 30 days of military leave, the member of the National Guard or the Reserves of the United States Armed Forces has the option of continuing the health, dental and life insurance benefits in effect at the member's own expense by paying the insurance premium at the same rates as paid by the employer.   [PL 2001, c. 662, §12 (NEW).]
[PL 2001, c. 662, §12 (NEW).]
SECTION HISTORY
PL 2001, c. 662, §12 (RPR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5: LEAVE RELATING TO RESERVE TRAINING OR MILITARY SERVICE › 26 §813. Remedies

§813. Remedies
1.  Action authorized.
If any employer fails to comply with any of the provisions of sections 811 and 812, the Attorney General or employee may bring a civil action for damages for such noncompliance or apply to the courts for such equitable relief as may be just and proper under the circumstances.
[PL 2019, c. 341, §2 (AMD).]
2.  Award of fees; costs.
In any civil action under section 811 or 812, the court in its discretion may award reasonable attorney's fees and costs to any prevailing member of the National Guard or the Reserves of the United States Armed Forces.
[PL 2019, c. 341, §2 (AMD).]
SECTION HISTORY
PL 2001, c. 662, §12 (RPR). PL 2019, c. 341, §2 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §821. Person employed in position other than temporary

§821. Person employed in position other than temporary
Any person, except a person covered under Title 20‑A, section 13602, employed in a position other than a temporary position shall be granted a leave of absence to fulfill the duties of a Legislator, provided that the employee gives written notice to his employer of his intent to become a candidate for the Legislature within 10 days after taking action under Title 21‑A to place his name on a primary or general election ballot. Following his term of service as a Legislator, the employee, if he is still qualified to perform the duties of the position from which he was granted leave, shall be entitled to be restored to his previous, or a similar, position with the same status, pay and seniority. This leave of absence shall, within the discretion of the employer, be with or without pay and shall be limited to one legislative term of 2 years.   [PL 1987, c. 402, Pt. A, §154 (AMD).]
Revisor's Note: §821. Short title (As enacted by PL 1983, c. 452 is REALLOCATED TO TITLE 26, SECTION 831)
SECTION HISTORY
PL 1983, c. 128, §1 (NEW). PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 1985, c. 161, §7 (AMD). PL 1987, c. 402, §A154 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §822. Exception for employer with 5 or fewer employees

§822. Exception for employer with 5 or fewer employees
This subchapter is not applicable if the employer employs 5 or fewer persons immediately prior to the first day of the leave of absence.   [PL 1983, c. 128, §1 (NEW).]
Revisor's Note: §822. Definitions (As enacted by PL 1983, c. 452 is REALLOCATED TO TITLE 26, SECTION 832)
SECTION HISTORY
PL 1983, c. 128, §1 (NEW). PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §823. Waiver of right

§823. Waiver of right
An employee who fails to provide the notice to his employer required by section 821 waives any rights to a leave of absence provided by this subchapter.   [PL 1983, c. 128, §1 (NEW).]
Revisor's Note: §823. Discharge of, threats to or discrimination against employee for reporting violations of law or refusing to carry out illegal directives (As enacted by PL 1983, c. 452 is REALLOCATED TO TITLE 26, SECTION 833)
SECTION HISTORY
PL 1983, c. 128, §1 (NEW). PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §824. Appeal by employer

§824. Appeal by employer
1.  Request.
An employer who feels that granting the leave of absence required by this subchapter will cause unreasonable hardship for the employer's business may appeal for relief by filing a written notice of appeal with the chair of the State Board of Arbitration and Conciliation. If the notice of appeal is not filed within 14 days of receipt of the employee's notice requesting a leave of absence, the employer waives the right to appeal. The notice of appeal must state the name of the employee and the reasons for the alleged unreasonable hardship. Payment for the services of a member of the State Board of Arbitration and Conciliation must be shared by the parties in accordance with section 931. This section provides the exclusive remedy for an employer claiming unreasonable hardship as a result of a request for leave of absence.
[PL 2005, c. 119, §1 (AMD).]
2.  Proceedings.
The chairman of the State Board of Arbitration and Conciliation, or any member of the board designated by the chairman, shall serve as an arbitrator of any case appealed under this section. The proceeding shall provide an opportunity for the employee to respond, orally or in writing, to the allegations contained in the appeal. Within 30 days of receipt of the notice of appeal, the arbitrator shall issue an order, binding on both parties, either affirming or denying the claim of unreasonable hardship. If the claim is affirmed, the employee is not entitled to a leave of absence under this subchapter. In reaching his decision, the arbitrator shall consider, but is not limited to, the following factors:
A. The length of time the employee has been employed by the employer;   [PL 1983, c. 128, §1 (NEW).]
B. The number of employees in the employer's business;   [PL 1983, c. 128, §1 (NEW).]
C. The nature of the employer's business;   [PL 1983, c. 128, §1 (NEW).]
D. The nature of the position held by the employee and the ease or difficulty and cost of temporarily filling the position during the leave of absence; and   [PL 1983, c. 128, §1 (NEW).]
E. Any agreement entered into between the employee and employer as a condition of employment.   [PL 1983, c. 128, §1 (NEW).]
[PL 1983, c. 128, §1 (NEW).]
Revisor's Note: §824. Civil actions for injunctive relief or other remedies (As enacted by PL 1983, c. 452 is REALLOCATED TO TITLE 26, SECTION 834)
SECTION HISTORY
PL 1983, c. 128, §1 (NEW). PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 2005, c. 119, §1 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §825. Remedies ordered by court (REALLOCATED TO TITLE 26, SECTION 835)

§825. Remedies ordered by court
(REALLOCATED TO TITLE 26, SECTION 835)
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §826. Penalties for violations (REALLOCATED TO TITLE 26, SECTION 836)

§826. Penalties for violations
(REALLOCATED TO TITLE 26, SECTION 836)
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §827. Collective bargaining rights (REALLOCATED TO TITLE 26, SECTION 837)

§827. Collective bargaining rights
(REALLOCATED TO TITLE 26, SECTION 837)
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §828. Compensation for employee participation in investigation, hearing or inquiry (REALLOCATED TO TITLE 26, SECTION 838)

§828. Compensation for employee participation in investigation, hearing or inquiry
(REALLOCATED TO TITLE 26, SECTION 838)
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §829. Notices of employee protections and obligations (REALLOCATED TO TITLE 26, SECTION 839)

§829. Notices of employee protections and obligations
(REALLOCATED TO TITLE 26, SECTION 839)
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-A: LEAVE OF ABSENCE AS LEGISLATOR › 26 §830. Jury trial; common-law rights (REALLOCATED TO TITLE 26, SECTION 840)

§830. Jury trial; common-law rights
(REALLOCATED TO TITLE 26, SECTION 840)
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §831. Short title (REALLOCATED FROM TITLE 26, SECTION 821)

§831. Short title
(REALLOCATED FROM TITLE 26, SECTION 821)
This subchapter may be cited as the "Whistleblowers' Protection Act."   [PL 1983, c. 583, §15 (RAL).]
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §832. Definitions (REALLOCATED FROM TITLE 26, SECTION 822)

§832. Definitions
(REALLOCATED FROM TITLE 26, SECTION 822)
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1983, c. 583, §15 (RAL).]
1.  Employee.
"Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, expressed or implied, but does not include an independent contractor engaged in lobster fishing. "Employee" includes school personnel and a person employed by the State or a political subdivision of the State.
[PL 1999, c. 351, §5 (AMD).]
2.  Employer.
"Employer" means a person who has one or more employees. "Employer" includes an agent of an employer and the State, or a political subdivision of the State. "Employer" also means all schools and local education agencies.
[PL 1999, c. 351, §6 (AMD).]
3.  Person.
"Person" means an individual, sole proprietorship, partnership, corporation, association or any other legal entity.
[PL 1983, c. 583, §15 (RAL).]
4.  Public body.
"Public body" means all of the following:
A. A state officer, employee, agency, department, division, bureau, board, commission, council, authority or other body in the executive branch of State Government;   [PL 1983, c. 583, §15 (RAL).]
B. An agency, board, commission, council, member or employee of the legislative branch of State Government;   [PL 1983, c. 583, §15 (RAL).]
C. A county, municipal, village, intercounty, intercity or regional governing body, a council, school district or municipal corporation, or a board, department, commission, council, agency or any member or employee thereof;   [PL 1983, c. 583, §15 (RAL).]
D. Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body;   [PL 1983, c. 583, §15 (RAL).]
E. A law enforcement agency or any member or employee of a law enforcement agency; and   [PL 1983, c. 583, §15 (RAL).]
F. The judiciary and any member or employee of the judiciary.   [PL 1983, c. 583, §15 (RAL).]
[PL 1983, c. 583, §15 (RAL).]
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 1987, c. 402, §B21 (AMD). PL 1999, c. 351, §§5,6 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §834. Civil actions for injunctive relief or other remedies (REALLOCATED FROM TITLE 26, SECTION 824) (REPEALED)

§834. Civil actions for injunctive relief or other remedies
(REALLOCATED FROM TITLE 26, SECTION 824)
(REPEALED)
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 1983, c. 816, §A18 (AMD). PL 1987, c. 782, §5 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §834-A. Arbitration before the Maine Human Rights Commission

§834-A. Arbitration before the Maine Human Rights Commission
An employee who alleges a violation of that employee's rights under section 833, and who has complied with the requirements of section 833, subsection 2, may bring a complaint before the Maine Human Rights Commission for action under Title 5, section 4612.   [PL 1987, c. 782, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 782, §6 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §835. Remedies ordered by court (REALLOCATED FROM TITLE 26, SECTION 825) (REPEALED)

§835. Remedies ordered by court
(REALLOCATED FROM TITLE 26, SECTION 825)
(REPEALED)
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 1987, c. 782, §7 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §836. Penalties for violations (REALLOCATED FROM TITLE 26, SECTION 826)

§836. Penalties for violations
(REALLOCATED FROM TITLE 26, SECTION 826)
A person who violates section 839 is liable for a civil fine of $10 for each day of willful violation which shall not be suspended. Any civil fine imposed under this section shall be submitted to the Treasurer of State for deposit to the General Fund.   [PL 1983, c. 816, Pt. A, §19 (AMD).]
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 1983, c. 816, §A19 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §837. Collective bargaining rights (REALLOCATED FROM TITLE 26, SECTION 827) (REPEALED)

§837. Collective bargaining rights
(REALLOCATED FROM TITLE 26, SECTION 827)
(REPEALED)
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 2021, c. 589, §1 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §838. Compensation for employee participation in investigation, hearing or inquiry (REALLOCATED FROM TITLE 26, SECTION 828)

§838. Compensation for employee participation in investigation, hearing or inquiry
(REALLOCATED FROM TITLE 26, SECTION 828)
This subchapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with section 833.   [PL 1983, c. 816, Pt. A, §20 (AMD).]
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 1983, c. 816, §A20 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §839. Notices of employee protections and obligations (REALLOCATED FROM TITLE 26, SECTION 829)

§839. Notices of employee protections and obligations
(REALLOCATED FROM TITLE 26, SECTION 829)
1.  Notice provided; posting.
The Department of Labor shall provide each employer in the State with a notice as provided in this section. Each employer shall prominently post the notice in the employer's place of business so that the employees are informed of their protections and obligations under this subchapter.
[PL 1987, c. 782, §8 (NEW).]
2.  Contents of notice.
The notice provided by the department shall include:
A. A summary of this subchapter written in concise and plain language;   [PL 1987, c. 782, §8 (NEW).]
B. A telephone number at the department that employees may call if they have questions or wish to report a violation, condition or practice; and   [PL 1987, c. 782, §8 (NEW).]
C. A space where the employer shall write in the name of the individual or department to which employees may report violations, unsafe conditions or practices as required by section 833.   [PL 1987, c. 782, §8 (NEW).]
[PL 1987, c. 782, §8 (NEW).]
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 1987, c. 782, §8 (RPR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 5-B: PROTECTION OF EMPLOYEES WHO REPORT OR REFUSE TO COMMIT ILLEGAL ACTS › 26 §840. Common-law rights (REALLOCATED FROM TITLE 26, SECTION 830)

§840. Common-law rights
(REALLOCATED FROM TITLE 26, SECTION 830)
Nothing in this section may be construed to derogate any common-law rights of an employee.   [PL 1987, c. 782, §9 (RPR).]
SECTION HISTORY
PL 1983, c. 452 (NEW). PL 1983, c. 583, §15 (RAL). PL 1987, c. 782, §9 (RPR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6: EMPLOYEE TRUSTS › 26 §841. Not subject to rule against perpetuities

§841. Not subject to rule against perpetuities
A trust of real or personal property, or real and personal property combined, created by an employer as part of a stock bonus, pension, disability, death benefit or profit sharing plan for the benefit of some or all of his employees, to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees the earnings or the principal, or both earnings and principal, of the fund held in trust, may continue in perpetuity or for such time as may be necessary to accomplish the purpose for which it is created, and shall not be invalid as violating any rule of law against perpetuities or suspension of the power of alienation of the title to property.
No rule of law against perpetuities or suspension of the power of alienation of the title to property shall operate to invalidate any trust created or attempted to be created, prior to August 20, 1951, by an employer as a part of a stock bonus, pension, disability, death benefit or profit sharing plan for the benefit of some or all of his employees to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees earnings or principal, or both earnings and principal, of the fund held in trust, unless the trust is terminated by a court of competent jurisdiction in a civil action instituted within 3 years after August 20, 1951.
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-A: FAMILY MEDICAL LEAVE REQUIREMENTS › 26 §845. Employee benefits protection

§845. Employee benefits protection
1.  Restoration.
Any employee who exercises the right to family medical leave under this subchapter, upon expiration of the leave, is entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This subsection does not apply if the employer proves that the employee was not restored as provided in this subsection because of conditions unrelated to the employee's exercise of rights under this subchapter.
[PL 1987, c. 661 (NEW).]
2.  Maintenance of employee benefits.
During any family medical leave taken under this subchapter, the employer shall make it possible for employees to continue their employee benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave.
[PL 1991, c. 277, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 661 (NEW). PL 1991, c. 277, §2 (AMD).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-A: FAMILY MEDICAL LEAVE REQUIREMENTS › 26 §846. Effect on existing employee benefits

§846. Effect on existing employee benefits
1.  Benefit accrual.
The taking of family medical leave under this subchapter shall not result in the loss of any employee benefit accrued before the date on which the leave commenced.
[PL 1987, c. 661 (NEW).]
2.  Effect on collective bargaining.
Nothing in this subchapter may be construed to affect an employer's obligation to comply with any collective bargaining agreement or employee benefit plan that provides greater family medical leave rights to employees than the rights provided under this subchapter.
[PL 1987, c. 661 (NEW).]
3.  Rights not diminished.
The family medical leave rights mandated by this subchapter may not be diminished by any collective bargaining agreement or by any employee benefit plan.
[PL 1987, c. 661 (NEW).]
4.  Contract rights.
Nothing in this subchapter may be construed to affect or diminish the contract rights or seniority status of any other employee of any employer covered by this subchapter.
[PL 1987, c. 661 (NEW).]
SECTION HISTORY
PL 1987, c. 661 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-A: FAMILY MEDICAL LEAVE REQUIREMENTS › 26 §847. Prohibited acts

§847. Prohibited acts
1.  Unlawful interference or denial of rights.
The employer may not interfere with, restrain or deny the exercise of or the attempt to exercise any right provided by this subchapter.
[PL 1987, c. 661 (NEW).]
2.  Unlawful discrimination against exercise of rights.
The employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for exercising any right provided by this subchapter.
[PL 1987, c. 661 (NEW).]
3.  Unlawful discrimination against opposition.
The employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for opposing any practice made unlawful by this subchapter.
[PL 1987, c. 661 (NEW).]
SECTION HISTORY
PL 1987, c. 661 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-A: FAMILY MEDICAL LEAVE REQUIREMENTS › 26 §848. Judicial enforcement

§848. Judicial enforcement
1.  Injunction and damages.
A civil action may be brought in the appropriate court by an employee against any employer to enforce this subchapter. The court may enjoin any act or practice that violates or may violate this subchapter and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce this subchapter. The court also may:
A. Award damages equal to the wages, salary, employment benefits or other compensation denied or lost to the employee by reason of the violation; or   [PL 2005, c. 228, §1 (NEW).]
B. Order the employer to pay liquidated damages of $100 to the employee for each day that the violation continued.   [PL 2005, c. 228, §1 (NEW).]
[PL 2005, c. 228, §1 (NEW).]
2.  Additional damages.
The court also may order the employer to pay an additional amount as liquidated damages equal to the amount awarded under subsection 1 if the employee proves to the satisfaction of the court that the employer's violation was willful.
[PL 2005, c. 228, §1 (NEW).]
3.  Attorney's fees.
In any action brought pursuant to this section, in addition to any judgment awarded to the employee, the court shall award reasonable attorney's fees and other costs of the action to be paid by the employer.
[PL 2005, c. 228, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 661 (NEW). PL 2005, c. 228, §1 (RPR).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-A: FAMILY MEDICAL LEAVE REQUIREMENTS › 26 §849. Review; sunset (REPEALED)

§849. Review; sunset
(REPEALED)
SECTION HISTORY
PL 1987, c. 661 (NEW). PL 1989, c. 738, §2 (RP).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-A: FAMILY MEDICAL LEAVE REQUIREMENTS › 26 §849-A. Rules

§849-A. Rules
The Department of Labor shall adopt rules to provide guidance in the application of this subchapter to domestic partners. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. The department shall make the rules available on a publicly accessible website maintained by the department.   [PL 2021, c. 567, §42 (NEW).]
SECTION HISTORY
PL 2021, c. 567, §42 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-C. Payment of benefits

§850-C. Payment of benefits
1.  Waiting period for medical leave.
Medical leave benefits are not payable during the first 7 calendar days of the leave, except that an employee may use accrued sick or vacation pay or other paid leave provided under a collective bargaining agreement or employer policy during the first 7 calendar days of the leave.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
2.  Determination of weekly benefit amount.
The weekly benefit amount paid to employees and self-employed individuals on family leave or medical leave is calculated as follows:
A. The portion of the covered individual'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   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. The portion of the covered individual’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.   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3.  Maximum benefit amount adjustment.
The maximum weekly benefit amount calculated under subsection 2 is the state average weekly wage. By January 1st of the year in which claims begin being processed and annually thereafter, the department shall take into consideration the recommendation of the authority to adjust the maximum weekly benefit amount as necessary, and the adjusted maximum weekly benefit amount takes effect on January 1st of the year following the adjustment. The authority shall recommend adjusting the maximum benefit amount in order to maintain the solvency of the fund at a level of at least the annualized amount described in section 850‑E, subsection 3.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
4.  Prorated benefit.
If a covered individual takes family leave or medical leave on an intermittent or reduced leave schedule, the weekly benefit amount must be prorated as determined by the department.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
5.  Reduction of benefit.
The weekly benefit amount must be reduced by the amount of wages or wage replacement that a covered individual receives for that period under any of the following while on family leave or medical leave:
A. A government program or law, including, but not limited to, unemployment insurance under this Title and workers' compensation under Title 39‑A other than for compensation received under Title 39‑A, section 213 for an injury that occurred prior to the family leave or medical leave claim, or under other state or federal temporary or permanent disability benefits law; or   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. A permanent disability policy or program of an employer.   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-D. Applications and claims for benefits

§850-D. Applications and claims for benefits
1.  Procedures and forms.
The administrator shall establish reasonable procedures and forms for filing claims for family leave benefits and medical leave benefits under this subchapter and shall specify what supporting documentation is necessary to support a claim for benefits, including any documentation required from a health care provider for proof of a serious health condition and any documentation required by the administrator with regard to a claim for safe leave or qualifying exigency leave.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
2.  Filing of application.
An individual may file an application for family leave benefits or medical leave benefits no more than 60 days before the anticipated start date of family leave and medical leave and no more than 90 days after the start date of family leave and medical leave. The administrator shall waive the 90-day filing deadline for good cause. The administrator shall institute forms and procedures that are not unduly burdensome to an individual claiming benefits.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3.  Notification of employer.
The administrator shall notify the relevant employer within 5 business days of a claim being filed pursuant to this subchapter.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
4.  Confidentiality.
Any medical or health information required under this section must be treated as confidential and may not be disclosed except with permission from the covered individual who provided it unless disclosure is otherwise required by law. Nothing in this section may be construed to compel a health care provider to provide any information for certification that would be in violation of Section 1177 of the federal Social Security Act, 42 United States Code, Section 1320d-6.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
5.  Ineligibility.
A covered individual is not eligible to receive family leave benefits or medical leave benefits if the administrator finds, through a process established by rule, that the covered individual, for the purpose of obtaining these benefits, has willfully made a false statement or misrepresentation regarding a material fact or has willfully withheld a material fact concerning the facts required to be certified pursuant to this section. The department shall establish a process by rule for the determination of eligibility under this section, including a grievance process for a covered individual determined to be ineligible.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-G. Elective coverage

§850-G. Elective coverage
1.  Self-employed individual.
A self-employed individual, including an independent contractor, sole proprietor or partner, may elect coverage under this subchapter for an initial period of not less than 3 years. The self-employed individual shall file a notice of election in writing with the commissioner, as required by the department. The election becomes effective on the date of filing the notice. As a condition of election, the self-employed individual must agree to supply any information concerning wages that the department considers necessary.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
2.  Withdrawal from coverage.
A self-employed individual who has elected coverage may withdraw from coverage within 30 days after the end of the 3-year period of coverage, or at such other times as the commissioner may prescribe by rule, by filing written notice with the commissioner. A withdrawal may not take effect sooner than 30 days after filing the notice.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3.  Individual no longer self-employed.
An individual who has elected coverage under this section and is no longer a self-employed individual must be excused from that individual's obligations under this section, as the department prescribes by rule.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
4.  Tribal government.
A tribal government may elect to be covered under this subchapter, or to terminate coverage, in the same manner as provided in this section, subject to such procedures as the department may require by rule.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-I. Notice

§850-I. Notice
1.  Posted notice.
An employer shall post in a conspicuous place on each of its premises a workplace notice provided or approved by the department providing notice of benefits available under this subchapter. The department shall issue the workplace notice in English, Spanish, French, Somali and Portuguese and any other language that is the primary language of at least 2,000 residents of the State. The employer shall post the workplace notice in English and each language other than English that is the primary language of 3 or more employees of that workplace, if such notice is available from the department.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
2.  Written notice.
An employer shall issue to each employee not more than 30 days from the beginning date of the employee's employment the following written information provided or approved by the department in the employee's primary language:
A. An explanation of the availability of family leave benefits and medical leave benefits provided under this subchapter, including rights to reinstatement of employment and continuation of health insurance;   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. The employee's contribution amount and obligations under this subchapter;   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
C. The name and mailing address of the employer;   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
D. The identification number assigned to the employer by the administrator;   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
E. Instructions on how to file a claim for family leave benefits or medical leave benefits;   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
F. The mailing address, e-mail address and telephone number of the administrator; and   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
G. Any other information deemed necessary by the administrator.   [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3.  Failure to comply.
An employer that fails to comply with this section commits a civil violation for which must be assessed, for a first violation, a civil penalty of $50 per employee and $150 per employee for each subsequent violation. The employer has the burden of demonstrating compliance with this section.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-J. Employer requirements; return to work from family or medical leave

§850-J. Employer requirements; return to work from family or medical leave
1.  Restoration 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 right to family leave or medical leave under this subchapter is 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 equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
2.  Retaliation prohibited.
An employer may not discharge, fire, suspend, expel or discipline, through the application of attendance policies or otherwise, or threaten or in any manner discriminate against an employee for the exercise of any right to which the employee is entitled under this subchapter or with the purpose of interfering with the exercise of any right to which the employee is entitled under this subchapter.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3.  Enforcement; violation.
The department shall take enforcement action against an employer for a violation of this section.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).
2023 Maine Revised Statutes › TITLE 26: LABOR AND INDUSTRY › Chapter 7: EMPLOYMENT PRACTICES › Subchapter 6-C: PAID FAMILY AND MEDICAL LEAVE › 26 §850-K. Appeals

§850-K. Appeals
1.  System for appeals.
The department shall establish a system for appeals in the case of a denial of family leave benefits or medical leave benefits. In establishing the system, the department may use any procedures or appeals mechanisms established under chapter 13.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
2.  Judicial review.
Judicial review of any decision with respect to family leave benefits or medical leave benefits must be permitted in a court of competent jurisdiction after a party aggrieved by the decision has exhausted all administrative remedies established by the department.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3.  Information related to appeals; confidentiality.
The department shall implement procedures to ensure confidentiality, to the maximum extent permitted by applicable laws, of all information related to any claims filed or appeals made under this subchapter.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).