Sec. 1. 26 MRSA §625-B, sub-§1, ¶G, as enacted by PL 1979, c. 663, §157, is repealed.

Sec. 2. 26 MRSA §625-B, sub-§2, as enacted by PL 1979, c. 663, §157, is amended to read:

2. Severance pay. Any employer who relocates a covered establishment or terminates the employment of an employee in a covered establishment shall be is liable to his employees an affected employee for severance pay at the rate of one week's pay for each year of employment by the employee in that establishment. The severance pay to an eligible employees shall be employee is in addition to any final wage payment to the employee and shall must be paid within one regular pay period after the employee's last full day of work, notwithstanding any other provisions of law.

Sec. 3. 26 MRSA §625-B, sub-§3, as amended by PL 1999, c. 55, §1, is further amended to read:

3. Mitigation of severance pay liability. There is no liability under this section for severance pay to an eligible employee if:

A. Relocation of a covered establishment or termination of the employment of an employee in a covered establishment is necessitated by a physical calamity;

B. The employee is covered by an express contract providing for severance pay that is equal to or greater than the severance pay required by this section;

C. That employee accepts employment at the new location; or

D. That employee has been employed by the employer for less than 3 years.; or

E.__That employee is terminated by an employer for misconduct as defined in section 1043, subsection 23 or the employer is otherwise similarly justified in terminating an employee.

Sec. 4. 26 MRSA §625-B, sub-§6, as enacted by PL 1979, c. 663, §157, is amended to read:

6. Notice of director. Any person proposing to relocate or terminate a covered establishment shall notify the director in writing not less than 60 days prior to the relocation.