Overview: Maine has enacted legislation that will require certain employers to provide paid leave to employees.
Effective Date: January 1, 2021
Details:
Maine has enacted legislation (Legislative Document 369) that will require certain employers to provide paid leave to employees. Legislative Document 369 takes effect January 1, 2021.
Covered Employers:
The law applies to all employers with more than 10 employees for more than 120 days in any calendar year, except for employers in a seasonal industry (as defined by state law).
Accrual:
All employees are entitled to accrue one hour of paid leave for every 40 hours worked, up to 40 hours in a year. Accrual begins at the start of employment or January 1, 2021, whichever is later.
Use:
Employers may require employees to wait until they’ve worked for the company for 120 days before they may use accrued leave. Employees may use accrued leave for any reason.
Employee Notice:
Absent an emergency, illness, or other sudden need for taking leave, an employee must give reasonable notice to their supervisor of their intent to use leave. Employees must also schedule their leave to prevent undue hardship on the employer.
Pay and Benefits During Leave:
An employee on leave must be paid at least the same base rate of pay that the employee received immediately prior to taking the leave and must receive the same benefits as those provided under other company established policies for other types of paid leave.
An employee’s use of leave may not result in the loss of any employee benefits accrued before the date on which the leave commenced and may not affect the employee's right to health insurance benefits on the same terms and conditions as applicable to similarly situated employees.
Action Required:
Covered Maine employers should ensure compliance with Legislative Document 369 by January 1, 2021.
Please contact your dedicated service professional with any questions.
* Produced in Partnership with Jackson Lewis P.C.
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