LD 1193
pg. 1
LD 1193 Title Page An Act To Strengthen the Family Medical Leave Laws Page 2 of 2
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LR 1386
Item 1

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

 
Sec. 1. 26 MRSA §844, as amended by PL 1997, c. 515, §1, is
further amended to read:

 
§844. Family medical leave requirement

 
1. Family medical leave entitlement. Every employee who
has been employed by the same employer for 12 consecutive
months is entitled to up to 10 12 consecutive 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 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.

 
2. Unpaid leave. Family medical leave granted under this
subchapter may consist of unpaid leave. If an employer
provides paid family medical leave for fewer than 10 12 weeks,
the additional weeks of leave added to attain the total of 10
12 weeks required may be unpaid.

 
Sec. 2. 26 MRSA §848, as enacted by PL 1987, c. 661, is repealed
and the following enacted in its place:

 
§848. Judicial enforcement

 
A civil action may be brought in the appropriate court by an
employee against any employer to enforce this subchapter.__The
court may do any of the following.

 
1.__Enjoin act.__The court may enjoin any act or practice
that violates or may violate this subchapter.

 
2.__Equitable relief.__The court may order any other
equitable relief that is necessary and appropriate to redress
the


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