H.P. 887 - L.D. 1204
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §19-B is enacted to read:
§19-B. State employee participation in disaster relief
In order to participate in specialized disaster relief services for the American Red Cross, a state
employee who is a certified disaster service volunteer of the American Red Cross, upon the request of the American Red Cross and with the approval of the employee's appointing authority, may:
1. Paid leave. Be granted a leave not to exceed 15 days in each year without loss of pay, vacation time, sick leave or earned overtime accumulation;
2. Use of compensated time off. Be granted a leave using that employee's compensated time off, with the consent of the employee; or
3. Combination. Be granted a leave using a combination of paid leave and compensated time off authorized in subsections 1 and 2.
This section applies only to relief services related to a disaster declared by the governor of a state or territory or by the President of the United States.
Sec. 2. 30-A MRSA §2705 is enacted to read:
§2705. Municipal employee participation in disaster relief
In order to participate in specialized disaster relief services for the American Red Cross, a municipal employee who is a certified disaster service volunteer of the American Red Cross, upon the request of the American Red Cross and with the approval of the legislative body of the municipality or the municipal officers, may:
1. Paid leave. Be granted a leave not to exceed 15 days in each year without loss of pay, vacation time, sick leave or earned overtime accumulation;
2. Use of compensated time off. Be granted a leave using that employee's compensated time off, with the consent of the employee; or
3. Combination. Be granted a leave using a combination of paid leave and compensated time off authorized in subsections 1 and 2.
This section applies only to relief services related to a disaster declared by the governor of a state or territory or by the President of the United States.
Sec. 3. 39-A MRSA §102, sub-§11, ¶A, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended by amending subparagraphs (7) and (8) to read:
(7) An independent contractor; or
(8) Except as otherwise provided in section 401, if a person employs an independent contractor, any employee of the independent contractor is not considered an employee of that person for the purposes of this Act. The person who employs an independent contractor is not responsible for providing workers' compensation insurance covering the payment of compensation and benefits to the employees of the independent contractor. An insurance company may not charge a premium to any person for any employee excluded by this subparagraph.; or
Sec. 4. 39-A MRSA §102, sub-§11, ¶A, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended by adding a new subparagraph (9) to read:
(9) A state or municipal employee while the employee is on assignment as a certified disaster service volunteer for the American Red Cross pursuant to Title 5, section 19-B or Title 30-A, section 2705. Duties performed while on a volunteer disaster relief assignment for the American Red Cross may not be considered a work assignment by a state agency or municipality.
Effective June 30, 1998, unless otherwise indicated.
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