CHAPTER 228

H.P. 977 - L.D. 1413

An Act To Conform the Remedies under the Maine Family

Medical Leave Requirements with Those Available under

Federal Law

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA §848, as enacted by PL 1987, c. 661, is repealed and the following enacted in its place:

§848. Judicial enforcement

1.__Injunction and damages.__A civil action may be brought in the appropriate court by an employee against any employer to enforce this subchapter.__The court may enjoin any act or practice that violates or may violate this subchapter and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce this subchapter.__The court also may:

A.__Award damages equal to the wages, salary, employment benefits or other compensation denied or lost to the employee by reason of the violation; or

B.__Order the employer to pay liquidated damages of $100 to the employee for each day that the violation continued.

2.__Additional damages.__The court also may order the employer to pay an additional amount as liquidated damages equal to the amount awarded under subsection 1 if the employee proves to the satisfaction of the court that the employer's violation was willful.