An Act To Prevent the Spread of H1N1
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the world health community continues to monitor the emergence of the pandemic influenza arising from the H1N1 virus; and
Whereas, the federal Centers for Disease Control and Prevention and the Department of Health and Human Services, Maine Center for Disease Control and Prevention have developed guidelines for employers to minimize the spread of the virus in the workplace; and
Whereas, in order to restrict spread of the virus in the workplace, it is important to provide standards for paid sick leave for employees; and
Whereas, these measures must take effect as soon as possible to address the immediate threat of this pandemic; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 26 MRSA §636, as enacted by PL 2005, c. 455, §1, is repealed.
Sec. 2. 26 MRSA §637 is enacted to read:
§ 637. Paid sick leave
(1) A biological, adopted or foster child, stepchild or ward of the employee or of the employee's spouse or domestic partner;
(2) A biological, foster or adoptive parent, stepparent or guardian of an employee or of the employee's spouse or a person who served in the place of a parent to the employee when the employee was a minor;
(3) A spouse;
(4) A grandparent or spouse of a grandparent;
(5) A grandchild;
(6) A biological, foster or adoptive sibling or spouse of a biological, foster or adoptive sibling; and
(7) A domestic partner as defined in section 843, subsection 7.
(1) Preparing for and attending court proceedings;
(2) Receiving medical treatment or assisting with medical treatment for a victim who is the employee's family member; or
(3) Obtaining necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
This bill requires an employer to give a maximum of 52 accrued hours of paid sick leave per year to any employee who is employed by a large business employer and a maximum of 26 accrued paid sick leave hours per year to any employee who is employed by a small business employer. Paid sick leave is accrued from the first day of employment and can be used on the 90th day and thereafter. Earned paid sick leave may be used by an employee during an absence from employment due to the illness of an employee or illness of an employee's family member, if the employee's place of business is closed due to a public health emergency, if an employee needs to care for a dependent whose school or place of care has been closed due to a public health emergency, for the purpose of an employee accessing necessary preventive health care or an employee's family member accessing necessary preventive health care or due to the employee or the employee's family member being a victim of stalking, domestic violence or sexual abuse.