Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 18 - RULES GOVERNING EARNED PAID LEAVE › Section 170-18-II - Definitions

Current through 2024-29, July 17, 2024
As set forth in
				  26 MRS
				  §637 or in this chapter, the following
				  terms have the following meanings.
A.
				"120 days" for purposes of
				26 MRS
				§637(2) and (3) means
				120
calendar
days (not business days).
B. "Base rate of pay." The base rate of pay
				for purposes of earned paid leave required by this statute is identical to the
				regular rate of pay defined in section
				26 MRS
				§664(3). The base rate
				will be calculated by reference to the week immediately prior to the leave
				taken.
C. "Bureau" means the Bureau
				of Labor Standards, within the Department of Labor
D. "Calendar year" means January 1 through
				December 31 of any year.
E.
				"Covered Employee." A covered employee is a person engaged in employment as
				defined in the
Employment Security Act
,
				26 MRS
				§1043(11) for an
				employer as defined by
				26 MRS
				§1043(9), except as
				otherwise set forth herein or in the Act Authorizing Earned Employee Leave. A
				covered employee may include a person who is employed full-time, part-time or
				per diem.
F. "Covered Employer." A
				covered employer is an employer as defined by
				26 MRS
				§1043(9) who employs
				more than 10 covered employees in the usual and regular course of business for
				more than 120 days in any calendar year.
G. "Emergency" and "sudden necessity," which
				terms may be used interchangeably herein, mean a situation in which the need
				for leave is not reasonably foreseeable.
H. "Employer" has the same meaning as in
				26 MRS
				§1043(9).
I. "Employment" has the same meaning as in
				26 MRS
				§1043(11), but does not
				include employment in a seasonal industry as defined in
				26 MRS
				§1251.
J. "Employment in a seasonal industry" means
				employment in an industry determined by the Unemployment Insurance Commission
				to be seasonal pursuant to
				26 MRS
				§1251 and employment for an employer who
				has submitted the required report to the Bureau of Unemployment Compensation
				setting forth the seasonal period for the applicable year.
K. "Hours Worked." For purposes of
				26 MRS
				§637(3), for covered
				employees defined as exempt by federal regulations ( 29 CFR § 541 ), in
				the absence of any other record, the presumption is that hours worked by such
				employees are 40 hours per week.
L.
				"One-year period" means any period of 365 (366 in a leap year) consecutive
				days.
M. "Start of Employment"
				means the first day the employee performed work for the employer.
N. "Year of employment" means a period of 365
				(366 in a leap year) consecutive days beginning with the employee's
start of employment
, or any subsequent period of 365 (366 in a
				leap year) consecutive days beginning on one of the following:
i. the anniversary date of the employee's
				start of employment; or
ii. such
				date as the employer may assign, provided that no loss of earned paid leave
				results for any employee not using the date identified in i. above.