Title 26, Title 26

1. Traffic control duties permitted. Notwithstanding any other provision of this article, a minor who is 14 years of age or older and is a volunteer participant in a career-oriented law enforcement program may perform traffic control duties in accordance with this section. 2. Tra…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 474, §2 (NEW).] 1. Commission. "Commission" means the Maine Human Rights Commission described in Title 5, chapter 337, subchapter II. 1-A. Department.…

In addition to employer responsibilities set forth in rules adopted under Title 5, section 4572, all employers shall act to ensure a workplace free of sexual harassment by implementing the following minimum requirements. [PL 1991, c. 474, §2 (NEW).] 1. Workplace posting. An emplo…

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Employer" means any private or public employer, including the State and political subdivisions of the State. [PL 2005, c. 296, §1 (NEW).] A-1. …

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Employer" means any private or public employer, including the State and political subdivisions of the State. [PL 2019, c. 329, §1 (NEW).] B. "R…

1. Intent. The intent of this subchapter is to minimize the disruption to the lives of persons performing service in the National Guard or the Reserves of the United States Armed Forces as well as to their employers, their fellow employees and their communities by providing for t…

1. Benefits accrual. Absence for military training as described in section 811 does not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of employment normally to be anticipated in the employee's particular position. 2. E…

1. Action authorized. If any employer fails to comply with any of the provisions of sections 811 and 812, the Attorney General or employee may bring a civil action for damages for such noncompliance or apply to the courts for such equitable relief as may be just and proper under …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Deployed for military service" or "deployment" means active military duty with the state military forces, as defined in Title 37‑B, section 102, o…

A person, except a person covered under Title 20‑A, section 13602, employed in a position other than a temporary position must be granted a leave of absence to fulfill the duties of a Legislator as long as the employee gives written notice to the employee's employer of the employ…

This subchapter is not applicable if the employer employs 5 or fewer persons immediately prior to the first day of the leave of absence. [PL 1983, c. 128, §1 (NEW).]Revisor's Note: §822. Definitions (As enacted by PL 1983, c. 452 is REALLOCATED TO TITLE 26, SECTION 832)

An employee who fails to provide the notice to the employee's employer required by section 821 waives any rights to a leave of absence provided by this subchapter. [RR 2023, c. 2, Pt. E, §29 (COR).]Revisor's Note: §823. Discharge of, threats to or discrimination against employee …

1. Request. An employer who feels that granting the leave of absence required by this subchapter will cause unreasonable hardship for the employer's business may appeal for relief by filing a written notice of appeal with the chair of the State Board of Arbitration and Conciliati…

This subchapter may be cited as the "Whistleblowers' Protection Act."

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 583, §15 (RAL).] 1. Employee. "Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or or…

1. Discrimination prohibited. No employer may discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because: A. The employee, acting in good faith, or a person acting on beh…

An employee who alleges a violation of that employee's rights under section 833, and who has complied with the requirements of section 833, subsection 2, may bring a complaint before the Maine Human Rights Commission for action under Title 5, section 4612.

A person who violates section 839 is liable for a civil fine of $10 for each day of willful violation which shall not be suspended. Any civil fine imposed under this section shall be submitted to the Treasurer of State for deposit to the General Fund.

This subchapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a public body in accordance with section 833.

1. Notice provided; posting. The Department of Labor shall provide each employer in the State with a notice as provided in this section. Each employer shall prominently post the notice in the employer's place of business so that the employees are informed of their protections and…

Nothing in this section may be construed to derogate any common-law rights of an employee.

A trust of real or personal property, or real and personal property combined, created by an employer as part of a stock bonus, pension, disability, death benefit or profit-sharing plan for the benefit of some or all of the employer's employees, to which contributions are made by …

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 661 (NEW).] 1. Employee. "Employee" means any person who may be permitted, required or directed by an employer in consideration of direct or indirect …

1. Family medical leave entitlement. Except as provided in subsection 4, every employee 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 few…

1. Restoration. Any employee who exercises the right to family medical leave under this subchapter, upon expiration of the leave, is entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority st…

1. Benefit accrual. The taking of family medical leave under this subchapter shall not result in the loss of any employee benefit accrued before the date on which the leave commenced. 2. Effect on collective bargaining. Nothing in this subchapter may be construed to affect an emp…

1. Unlawful interference or denial of rights. The employer may not interfere with, restrain or deny the exercise of or the attempt to exercise any right provided by this subchapter. 2. Unlawful discrimination against exercise of rights. The employer may not discharge, fine, suspe…

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…

The Department of Labor shall adopt rules to provide guidance in the application of this subchapter to domestic partners. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. The department shall make the rules ava…

1. Required leave. An employer must grant reasonable and necessary leave from work, with or without pay, for an employee to: A. Prepare for and attend court proceedings; [PL 1999, c. 435, §1 (NEW).] B. Receive medical treatment or attend to medical treatment for a victim who is t…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] 1. Administrator. "Administrator" means the department administering the program or an authorized 3rd party conducting any fu…

The paid family and medical leave benefits program is established effective January 1, 2026. The program is administered by the department. In accordance with subsection 1, the department may, through contract after a competitive bidding process subject to the requirements of Tit…

1. Waiting period for medical leave. Medical leave benefits are not payable during the first 7 calendar days of the leave, except that an employee may use accrued sick or vacation pay or other paid leave provided under a collective bargaining agreement or employer policy during t…

1. Procedures and forms. The administrator shall establish reasonable procedures and forms for filing claims for family leave benefits and medical leave benefits under this subchapter and shall specify what supporting documentation is necessary to support a claim for benefits, in…

1. Fund established. The Paid Family and Medical Leave Insurance Fund is established to carry out the purposes of this subchapter. The fund is administered by the Treasurer of State. Any sums received under this section are not considered revenue of the State, but must be held in…

1. Authorized. Payroll premiums must be paid in order to finance the payment of family leave benefits and medical leave benefits under this subchapter and administration of the program. 2. Employer to remit employer contribution reports and premiums. Beginning January 1, 2025, fo…

1. Self-employed individual. A self-employed individual, including an independent contractor, sole proprietor or partner, may elect coverage under this subchapter for an initial period of not less than 3 years. The self-employed individual shall file a notice of election in writi…

1. Application for approval of private plan. An employer may apply to the department for approval to meet its obligations under this subchapter through a private plan. In order to be approved, a private plan must confer rights, protections and benefits substantially equivalent to…

1. Posted notice. An employer shall post in a conspicuous place on each of its premises a workplace notice provided or approved by the department providing notice of benefits available under this subchapter. The department shall issue the workplace notice in English, Spanish, Fre…

1. Restoration to position upon return to work. Except for an employee who has not been employed for at least 120 days, an employee who exercises the right to family leave or medical leave under this subchapter is entitled, upon return from that leave, to be restored by the emplo…

1. System for appeals. The department shall establish a system for appeals in the case of a denial of family leave benefits or medical leave benefits. In establishing the system, the department may use any procedures or appeals mechanisms established under chapter 13. 2. Judicial…

1. False statement; misrepresentation. A covered individual is disqualified from family leave benefits and medical leave benefits for one year if the individual is determined by the department to have willfully made a false statement or misrepresentation regarding a material fact…

1. Federal tax. If the federal Internal Revenue Service determines that family leave benefits or medical leave benefits under this subchapter are subject to federal income tax, the department shall advise an individual filing a new claim for family leave benefits or medical leave…

The administrator shall use state data collection procedures and technology to the extent possible to integrate the program with existing state policies.

The Paid Family and Medical Leave Benefits Authority, established in Title 5, section 12004‑I, subsection 54‑F, shall advise the administrator on the implementation and administration of the program in accordance with this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).] 1. Memb…

Contributions must begin January 1, 2025 to provide funds for the fund. The administrator shall begin processing claims on May 1, 2026, except that, by February 1, 2026, the authority shall conduct an actuarial study to ensure the solvency of the fund in order to begin processing…