PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 119
H.P. 983 - L.D. 1419

An Act To Amend the Laws Regarding Certain Employment-related Matters

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

     Sec. 1. 26 MRSA §824, sub-§1, as enacted by PL 1983, c. 128, §1, is amended to read:

     1. Request. An employer who feels that granting the leave of absence required by this subchapter will cause unreasonable hardship for his the employer's business may appeal for relief by filing a written notice of appeal to with the chairman chair of the State Board of Arbitration and Conciliation. If the notice of appeal is not filed within 14 days of receipt of the employee's notice requesting a leave of absence, the employer waives his the right to appeal. The notice of appeal shall must state the name of the employee and the reasons for the alleged unreasonable hardship. Payment for the services of a member of the State Board of Arbitration and Conciliation must be shared by the parties in accordance with section 931. This section provides the exclusive remedy for an employer claiming unreasonable hardship as a result of a request for leave of absence.

     Sec. 2. 26 MRSA §1043, sub-§11, ¶F, as amended by PL 2003, c. 414, Pt. B, §38 and affected by c. 614, §9, is further amended by amending subparagraph (21), division (i) to read:

(i) Prior to January 1, 1978, service performed in the employ of a school that is not an institution of higher education; after December 31, 1977, service performed in the employ of a governmental entity referred to in paragraph A-1, subparagraph (1) if that service is performed by an individual in the exercise of duties:

     (i) As an elected official;
     (ii) As a member of a legislative body, or a member of the judiciary, of a state or political subdivision of a state;
     (iii) As a member of the State National Guard or Air National Guard;
     (iv) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency; or
     (v) In a position that, under or pursuant to the laws of this State, is designated as a major nontenured policymaking or advisory position, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week; or
(vi) As an election official or election worker if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than $1,000;

Effective September 17, 2005.

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