Sec. 1. 20-A MRSA §13602, as enacted by PL 1981, c. 693, §§5 and 8, is amended to read:

§13602. Leave of absence as Legislators

A Subject to the term-of-service limitations of Title 26, section 821, a school administrative unit shall grant a certified teacher, except a substitute teacher as defined by the commissioner, leave of absence without pay and without forfeiture of continuing contract status and other accumulated benefits to fulfill the duties of a Legislator, provided that as long as the teacher provides a written notice of intent to become a candidate for the Legislature at the time teacher contracts are issued.

Sec. 2. 26 MRSA §821, as amended by PL 1987, c. 402, Pt. A, §154, is repealed and the following enacted in its place:

§821. Person employed in position other than temporary

Any person employed in a position other than a temporary position must be granted a leave of absence by that person's employer to fulfill the duties of a Legislator. The person shall give written notice to the employer of the person's intent to become a candidate for the Legislature within 10 days after taking action under Title 21-A to place the person's name on a primary or general election ballot unless that person is subject to Title 20-A, section 13602.__Following the person's term of service as a Legislator, the person, if still qualified to perform the duties of the position from which the person was granted leave, must be restored to the person's previous, or a similar, position with the same status, pay and seniority.__This leave of absence may, within the discretion of the employer, be with or without pay and is limited to one legislative term of 2 years.

SUMMARY

Under current law, all employers with more than 5 employees are required to grant any employee a leave of absence so that employee can serve as a Legislator for a single 2-year legislative term. After that first term of service, the employer is not obligated to provide that leave of absence for successive terms. The only exception to that rule is with regard to school teachers and the school units who employ them. The school units and the municipalities who are the teachers' employers are obligated to provide unlimited leaves of absence for a school