Maine Revised Statutes Title 26 Sec. 850-B – Paid family and medical leave benefits program established
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The paid family and medical leave benefits program is established effective January 1, 2026. The program is administered by the department. In accordance with subsection 1, the department may, through contract after a competitive bidding process subject to the requirements of Title 5, section 1816?B, authorize a 3rd party to conduct claims administration. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
1. Competitive bidding process. Any competitive bidding process used by the department pursuant to this section is governed by this subsection.
A. The minimum criteria established by the department to evaluate a proposal must include, but are not limited to cost; transparency of business operations; efficiency of business operations; quality of work related to the potential contracts issued; user experience; confidentiality and use of claimant data; software development, information technology and state ownership of software and specialized information technology; accountability; experience with providing education to the public related to claims; and a cost-benefit analysis documenting the direct and indirect costs of such a contract, including qualitative and quantitative benefits that will result from the implementation of such a contract. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. Any 3rd party that submits a proposal must have a meaningful physical presence in the State; have no adjudicated record of substantial or repeated willful noncompliance with any relevant federal, state or local law, statute or regulation, including payment of taxes or other payments owed to a public entity; attest to compliance with all applicable local, state and federal laws, regulations and statutes, including health and safety, labor and employment and licensing laws that affect the employees, worksite or performance of the contract; complete a signed pledge of compliance provided by the State to comply with all applicable laws, statutes and regulations; and attest that any projected cost savings may not derive from the 3rd party’s failure to provide adequate wages. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
C. The requirements of Title 5, section 1825?B, subsection 7 do not apply. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 26 Sec. 850-B
- Benefit year: means the 12-month period beginning on the first day of the calendar week immediately preceding the date on which family leave benefits or medical leave benefits commence. See Maine Revised Statutes Title 26 Sec. 850-A
- Contract: A legal written agreement that becomes binding when signed.
- Covered individual: means a person who:
A. See Maine Revised Statutes Title 26 Sec. 850-ACovered service member: means :
A. See Maine Revised Statutes Title 26 Sec. 850-ADepartment: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 850-A 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. See Maine Revised Statutes Title 26 Sec. 850-A Employer: means :
A. See Maine Revised Statutes Title 26 Sec. 850-AEmployment: means a service performed for wages. See Maine Revised Statutes Title 26 Sec. 850-A Employment benefits: means all benefits provided or made available to employees by an employer, including, but not limited to, group life insurance, health insurance, disability insurance, sick leave, annual or vacation leave, educational benefits and pensions. See Maine Revised Statutes Title 26 Sec. 850-A Family leave: means leave taken pursuant to section 850?B, subsection 2. See Maine Revised Statutes Title 26 Sec. 850-A Family member: means , with respect to a covered individual or spouse or domestic partner of a covered individual:
A. See Maine Revised Statutes Title 26 Sec. 850-AHealth care provider: means an individual licensed to practice medicine, surgery, dentistry, chiropractic, podiatry, midwifery or osteopathy or any other individual determined by the administrator to be capable of providing health care services. See Maine Revised Statutes Title 26 Sec. 850-A Medical leave: means leave taken pursuant to section 850?B, subsection 3. See Maine Revised Statutes Title 26 Sec. 850-A Medical leave benefits: means wage replacement paid pursuant to sections 850?B and 850?C to a covered individual while the covered individual is on medical leave. See Maine Revised Statutes Title 26 Sec. 850-A Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Program: means the paid family and medical leave benefits program established in section 850?B. See Maine Revised Statutes Title 26 Sec. 850-A Qualifying exigency: means an exigency determined pursuant to the federal Family and Medical Leave Act of 1993, 29 United States Code § 2612(a)(1)(E). See Maine Revised Statutes Title 26 Sec. 850-A Safe leave: means any leave taken because the covered individual or the covered individual's family member is a victim of violence, assault, sexual assault under Title 17?A, chapter 11, stalking or any act that would support an order for protection under Title 19?A, chapter 103. See Maine Revised Statutes Title 26 Sec. 850-A Self-employed individual: means an independent contractor as described in section 1043, subsection 11, paragraph E, a sole proprietor, a member of a limited liability company or limited liability partnership or an individual whose net profit or loss from a business must be reported to the Department of Administrative and Financial Services, Bureau of Revenue Services and who resides in the State. See Maine Revised Statutes Title 26 Sec. 850-A Serious health condition: means an illness, injury, impairment, pregnancy, recovery from childbirth or physical, mental or psychological condition that involves inpatient care in a hospital, hospice or residential medical care center or continuing treatment by a health care provider. See Maine Revised Statutes Title 26 Sec. 850-A Statute: A law passed by a legislature. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Wages: includes , but is not limited to, salary, wages, tips, commissions and other compensation as determined by rule. See Maine Revised Statutes Title 26 Sec. 850-A Weekly benefit amount: means the amount of wage replacement paid to a covered individual on a weekly basis while the covered individual is on family leave or medical leave as provided in section 850?C. See Maine Revised Statutes Title 26 Sec. 850-A Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Family leave eligibility. A covered individual is eligible for family leave for any of the following reasons:
A. To bond with the covered individual’s child during the first 12 months after the child’s birth or the first 12 months after the placement of the child for adoption or foster care with the covered individual; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. To care for a family member with a serious health condition; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
C. To attend to a qualifying exigency; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
D. To care for a family member of the covered individual who is a covered service member; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
E. To take safe leave; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3. Medical leave eligibility. A covered individual with a serious health condition that makes the covered individual unable to work is eligible for medical leave.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
4. Maximum leave requirements. The following requirements apply.
A. A covered individual is not eligible for more than 12 weeks of family leave in a benefit year. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. A covered individual is not eligible for medical leave for more than 12 weeks in a benefit year. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
C. A covered individual may not take more than 12 weeks, in the aggregate, of family leave and medical leave under this subchapter in the same benefit year. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
This subsection does not prevent a covered individual from taking medical leave that is immediately followed by family leave when the medical leave is taken during pregnancy or recovery from childbirth and is supported by documentation from a health care provider.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
5. Intermittent leave requirements. Leave permitted by this section may be taken by an employee intermittently in increments of not less than 8 hours or on a reduced leave schedule otherwise agreed to by the employee and the employer. 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.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
6. Weekly benefit. While on family leave or medical leave pursuant to this subchapter, a covered individual receives a weekly benefit amount as provided in section 850?C.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
7. Notice to employer. Absent an emergency, illness or other sudden necessity for taking leave, an employee shall give reasonable notice to the employee’s supervisor of the employee’s intent to use leave under this subchapter. Use of such leave must be scheduled to prevent undue hardship on the employer as reasonably determined by the employer. If an employer fails to provide notice as required under section 850?I, the employee’s obligation to provide notice under this subsection is waived.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
8. Right to benefits; accrual. The taking of family leave or medical leave may not affect an employee’s right to accrue vacation time, sick time, bonuses, advancement, seniority, length of service credit or other employment benefits, plans or programs. During the duration of an employee’s family leave or medical leave, the employer shall continue to provide for and contribute to the employee’s employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of leave.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
9. Treatment of self-employed individuals. Subsection 8 does not apply to a self-employed individual taking family leave or medical leave under this subchapter or to a person who is no longer an employee who was an employee when that person began taking family leave or medical leave under this subchapter.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
10. Collective bargaining; employer policy; greater or additional rights. This subchapter does not:
A. Obviate an employer’s obligations to comply with any employer policy, law or collective bargaining agreement that provides for rights to leave greater than or additional to those provided by this subchapter; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. In any way curtail the rights, privileges or remedies of any employee under any collective bargaining agreement or employment contract; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
C. Allow an employer to compel an employee to exhaust rights to any sick, vacation or personal time prior to or while taking leave under this subchapter; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
D. Require a public employer, as defined in section 962, subsection 7, or employee of a public employer that is a party to a collective bargaining agreement in existence on the effective date of this subchapter to apply any of the rights and responsibilities under this subchapter until the existing collective bargaining agreement expires. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
11. Concurrent with leave under state and federal law. Leave taken under this subchapter runs concurrently with leave taken under the federal Family and Medical Leave Act of 1993, 29 United States Code § 2611, et seq., and under subchapter 6?A. Employees may take leave under this subchapter while ineligible for leave under the federal Family and Medical Leave Act of 1993 in the same benefit year.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
12. Employer policy may not waive employee rights. An employer policy adopted or retained on or after the effective date of this subchapter may not diminish an employee’s right to benefits under this subchapter. Any agreement by an employee to waive the employee’s rights under this subchapter is against public policy and is void and unenforceable.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).