Sec. 1. 26 MRSA §636 is enacted to read:

§636.__Family sick leave

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Immediate family member" includes, but is not limited to, an employee's child, spouse, parent and parent of the spouse.

B.__"Paid leave" means time away from work by an employee for which the employee receives compensation, including, but not limited to, sick time, vacation time and compensatory time.

2.__Use of paid leave.__If an employer, under the terms of a collective bargaining agreement or employment policy, provides paid leave, then the employer shall allow an employee to use the paid leave for the care of an immediate family member who is ill.

3.__Election of time; amount.__An employee may use any amount of paid leave up to but not more than the amount of paid leave that employee has earned.__An employee who receives more than one type of paid leave may elect which type and the amount of each of those types of paid leave to use.

4.__Compliance with contract or policy.__An employee who takes paid leave pursuant to this section shall comply with the terms of a collective bargaining agreement or employment policy, if applicable, except that this section prevails over any contrary provision in a collective bargaining agreement or employment policy.

5.__Prohibited actions by employer.__An employer may not eliminate or threaten to eliminate an existing paid leave benefit.__An employer may not discharge, demote, suspend, discipline or otherwise discriminate against an employee or threaten to do any of these actions against an employee who exercises rights granted under this section or who files a complaint or testifies or assists in an action brought against the employer for a__violation of this section.

6.__Application of family medical leave requirements.__This section does not affect in any way leave granted pursuant to the family medical leave requirements of subchapter 6-A.