SP0380, LD 1159, item 1, An Act To Support Healthy Workplaces and Healthy Families by Providing Paid Sick Leave to Certain Employees

An Act To Support Healthy Workplaces and Healthy Families by Providing Paid Sick Leave to Certain Employees

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA §636, sub-§2, as enacted by PL 2005, c. 455, §1, is amended to read:

2. Use of paid leave. If an employer, under the terms of a collective bargaining agreement or employment policy, provides paid leave, then the employer shall allow an employee to use the paid leave for the care of an immediate family member who is ill as provided in this section , except that an employee entitled to use paid sick leave pursuant to section 637 may also use that paid leave to care for a family member who is not an immediate family member.

Sec. 2. 26 MRSA §§637 and 637-A are enacted to read:

§ 637. Paid sick leave

An employer that employs 50 or more employees shall provide to each employee paid sick leave as provided by this section.

1. Eligibility. An employee who works for 30 or more days in a one-year period is eligible to use paid sick leave accrued pursuant to this section.

2. Accrual. An employee entitled to paid sick leave under this section accrues such leave at a rate of no less than one hour of sick leave for every 30 hours worked. Accrual begins at the start of employment, but the employer is not required to permit use of the leave before an employee has been employed for 90 days. The employer shall permit an employee to carry forward at least 40 hours of accrued sick leave to the following year, but an employer is not required to allow the use of more than 40 hours of paid sick leave in one year.

3. Use of accrued sick leave. Accrued paid sick leave may be used, upon oral or written notice to the employer, for the following:

A. Diagnosis, care or treatment of an existing health condition of or preventative care for the employee or a member of the employee's family; and

B. Leave for an employee when the employee or a family member of the employee is a victim of domestic abuse, sexual assault or stalking.

An employee is not required to secure a substitute when that employee uses paid sick leave.

4. Exceptions. This section does not apply to an employee covered by a collective bargaining agreement or to an individual employed by a parent or spouse.

5. Enforcement; rules. The Department of Labor shall adopt rules to implement and enforce the provisions of this section, including rules regarding the receipt, investigation and prosecution of complaints brought under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

§ 637-A. Unpaid sick leave

An employer that employs fewer than 50 employees in the State shall implement a policy that allows an employee to accrue and use at least 40 hours of unpaid sick leave per year. The employer's policy must be in accordance with the accrual of paid sick leave in section 637, subsection 2.

Sec. 3. Effective date. This Act takes effect January 1, 2019.

summary

This bill creates a right to paid sick leave for employees not covered by a collective bargaining agreement who are employed by an employer that employs 50 or more employees. It also creates a right to unpaid sick leave for employees of an employer that employs fewer than 50 employees. This bill takes effect January 1, 2019.

SP0380 LD 1159	Session - 128th Maine Legislature		LR 271 Item 1
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