LD 1044
pg. 2
Page 1 of 2 PUBLIC Law Chapter 455 LD 1044 Title Page
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LR 1441
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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.

 
3.__Election of time; amount; process.__An employer may adopt
a policy limiting the number of hours of paid leave taken under
this section, but in no case may the number of hours allowed be
fewer than 40 hours for a 12-month period.__An employee is not
entitled under this section to use paid leave until that leave
has been earned.__An employee who receives more than one type of
paid leave may elect which type and the amount of each of those
types of paid leave to use, except that the employee's election
may be limited by a bona fide employment policy as long as the
policy is uniformly applied to all employees at that workplace.__
An employer may require notice or verification of illness for
leave taken pursuant to this section if such notice or
verification is required when an employee takes leave because of
the employee's own illness.__An employer may require an employee
to specify that leave is taken pursuant to this section.

 
4.__Relationship to collective bargaining.__This section
applies to employees covered by a collective bargaining agreement
unless the agreement provides paid leave benefits that are equal
to or greater than those provided in this section.

 
5.__Prohibited actions by employer.__An employer may not
discharge, demote, suspend, discipline or otherwise discriminate
against an employee or threaten to take any of these actions
against an employee who exercises rights granted under this
section or who files a complaint or testifies or assists in an
action brought against the employer for a__violation of this
section.__Nothing in this section prohibits an employer from
taking employment action against an employee for taking leave
that is not protected by this section or other applicable law.

 
6.__Application of family medical leave requirements.__For
purposes of applying family medical leave requirements, the
employer shall treat leave under this section in the same manner
as the employer treats leave for a sick employee.

 
7.__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.


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