HP0346, LD 462, item 1, An Act To Provide Paid Family Leave to Public School Employees

An Act To Provide Paid Family Leave to Public School Employees

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

Sec. 1. 26 MRSA §844, sub-§1, as amended by PL 2007, c. 233, §2, is further amended to read:

1. Family medical leave entitlement. Every employee , other than an employee covered under subsection 1-A, who has been employed by the same employer for 12 consecutive months is entitled to up to 10 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:

A. The employee must give at least 30 days' notice of the intended date dates upon which family medical leave will commence and terminate, unless prevented by medical emergency from giving that notice;

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

C. The employer and employee may negotiate for more or less leave, but both parties must agree.

Sec. 2. 26 MRSA §844, sub-§1-A is enacted to read:

1-A. School administrative units; paid family medical leave entitlement. Notwithstanding subsection 2, a full-time employee of a school administrative unit who has been employed by the same employer for 12 consecutive months is entitled to paid family medical leave for up to 12 work weeks and may not be required to use sick leave or other leave for the birth of the employee's child or the employee's domestic partner's child or for the placement of a child 16 years of age or less with the employee or the employee's domestic partner in connection with the adoption of the child by the employee or the employee's domestic partner. The following conditions apply to paid family medical leave granted under this subsection:

A. The employee must give at least 30 days' notice of the intended dates upon which paid family medical leave will commence and terminate, unless prevented by medical emergency from giving that notice;

B. The employer may require certification from a physician to verify the amount of leave requested by the employee;

C. The employer and employee may negotiate for more or less leave, but both parties must agree; and

D. The employer and employee may negotiate whether leave is taken intermittently or on a reduced leave schedule, but both parties must agree.

For purposes of this subsection, "full-time employee" means an employee who customarily works 30 hours or more each week.

summary

This bill provides that a full-time employee of a school administrative unit is entitled to up to 12 weeks of paid family medical leave and may not be required to use sick or other kinds of leave for the birth of the employee's child or the employee's domestic partner's child or for the placement of a child 16 years of age or less with the employee or the employee's domestic partner in connection with the adoption of the child by the employee or the employee's domestic partner. The bill also provides that the employer and employee may negotiate whether leave is taken intermittently or on a reduced leave schedule.

HP0346 LD 462	Session - 129th Maine Legislature		LR 802 Item 1
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