An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take Necessary Leave from Employment
Sec. 1. 26 MRSA §850, sub-§1, as amended by PL 2001, c. 685, §1, is further amended to read:
The leave must be needed because the employee or the employee's daughter, son, parent or spouse is a victim of violence, assault, sexual assaults under Title 17-A, chapter 11, stalking or any act that would support an order for protection under Title 19-A, chapter 101. An employer may not sanction an employee or deprive an employee of pay or benefits for exercising a right granted by this section.
Sec. 2. 26 MRSA §850, sub-§3, as enacted by PL 1999, c. 435, §1, is repealed.
Sec. 3. 26 MRSA §850, sub-§§3-A to 3-C are enacted to read:
This bill expands the law creating the right to a leave of absence for employees who are victims of violence by requiring that a returning employee be placed in the employee's former employment position or a position of equivalent employment status. The bill prohibits discrimination or retaliation against an employee for exercising the right to take a leave of absence or enforcing the provisions of the law and creates a private right of action to enforce the law, and to seek injunctive or equitable relief and compensatory damages.