| 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| | Sec. 2. 26 MRSA §848, as enacted by PL 1987, c. 661, is repealed | and the following enacted in its place: |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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