H.P. 688 - L.D. 944
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §850 is enacted to read:
§850. Employment leave for victims of violence
1. Required leave. An employer must grant reasonable and necessary leave from work, with or without pay, for an employee to:
A. Prepare for and attend court proceedings;
B. Receive medical treatment; or
C. Obtain necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking.
The leave must be needed because the employee 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.
2. Exceptions. Subsection 1 is not violated if:
A. The employer would sustain undue hardship from the victim's absence;
B. The request for leave is not communicated to the employer within a reasonable time under the circumstances; or
C. The requested leave is impractical, unreasonable or unnecessary based on the facts then made known to the employer.
3. Civil penalties. The Department of Labor may assess civil penalties of up to $200 for each violation of this section, if notice of the violation was given to the employer and the department within 6 months of the occurrence.
Sec. 2. Notice. The Bureau of Labor Standards shall include notice of the provisions of this Act in its next reprinting of the Regulation of Employment poster.
Sec. 3. Report. The Department of Labor shall report back to the Joint Standing Committee on Labor regarding workplace safety as it pertains to violent crime by December 31, 1999. The committee is authorized to report out legislation to the Second Regular Session of the 119th Legislature in response to the report.
Sec. 4. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
1999-00
LABOR, DEPARTMENT OF
Administration - Bureau of Labor Standards
All Other $9,500
Provides funds on a one-time basis for the cost of adopting rules and holding public hearings and forums related to the granting of leave for employees who are victims of violence and abuse.
Effective September 18, 1999, unless otherwise indicated.
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