LD 1405
pg. 11
Page 10 of 12 An Act To Prepare Maine for Public Health Emergencies Page 12 of 12
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LR 602
Item 1

 
A.__The employer would sustain undue hardship from the
employee's absence; or

 
B.__The request for leave is not communicated to the
employer within a reasonable time under the circumstances.

 
3.__Benefits retained.__The taking of leave under this
subchapter may not result in the loss of any employee benefits
accrued before the date on which the leave commenced and does not
affect the employee's right to receive normal vacation leave,
sick leave, bonuses, advancement or other advantages of
employment normally to be anticipated in the employee's
particular position, including insurance benefits.

 
4.__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 is given to the employer and the
department within 6 months of the occurrence.

 
5.__Application.__This subchapter applies to all public and
private employers, including the State and its political
subdivisions.

 
Sec. 24. PL 2001, c. 694, Pt. B, §6, as amended by PL 2003, c. 366, §1, is
repealed.

 
SUMMARY

 
This bill amends the laws regarding the control of
communicable diseases in the following ways.

 
1. It removes the repeal of the laws regarding the ability of
the Department of Health and Human Services to respond to an
extreme public health emergency.

 
2. It allows for isolation or quarantine in a private home.
Current law allows for confinement only in public or private
facilities; private homes are not considered facilities. This
change, for both a public health emergency and an extreme public
health emergency, allows for confinement for quarantine or
isolation in a private home. Authority of the department is made
consistent with the authority of a court order.

 
3. It grants the department rulemaking authority to address
workforce needs and the need for dispensing drugs in an emergency
situation. This provision gives the department the authority to
develop rules that address the risk of a potential shortage of
health care workers and procedures for dispensing drugs in the
event of an extreme public health emergency.


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