| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 26 MRSA §844, as amended by PL 1997, c. 515, §1, is | | further amended to read: |
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| | | §844. Family medical leave requirement |
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| | | 1. Family medical leave entitlement. Every employee who | | has been employed by the same employer for 12 consecutive | months is entitled to up to 10 12 consecutive work weeks of | | family medical leave in any 2 years unless employed at a | | permanent work site with fewer than 15 employees. The | | following conditions apply to family medical leave granted | | under this subchapter: |
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| | | A. The employee must give at least 30 days' notice of the | | intended date upon which family medical leave will | | commence and terminate, unless prevented by medical | | emergency from giving that notice; |
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| | | B. The employer may require certification from a | | physician to verify the amount of leave requested by the | | employee, except that an employee who in good faith relies | | on treatment by prayer or spiritual means, in accordance | | with the tenets and practice of a recognized church or | | religious denomination, may submit certification from an | | accredited practitioner of those healing methods; and |
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| | | C. The employer and employee may negotiate for more or | | less leave, but both parties must agree. |
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| | | 2. Unpaid leave. Family medical leave granted under this | | subchapter may consist of unpaid leave. If an employer | provides paid family medical leave for fewer than 10 12 weeks, | the additional weeks of leave added to attain the total of 10 | | 12 weeks required may be unpaid. |
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| | | Sec. 2. 26 MRSA §848, as enacted by PL 1987, c. 661, is repealed | | and the following enacted in its place: |
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| | | §848. Judicial enforcement |
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| | | A civil action may be brought in the appropriate court by an | | employee against any employer to enforce this subchapter.__The | | court may do any of the following. |
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| | | 1.__Enjoin act.__The court may enjoin any act or practice | | that violates or may violate this subchapter. |
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| | | 2.__Equitable relief.__The court may order any other | | equitable relief that is necessary and appropriate to redress | | the |
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