CHAPTER 685
H.P. 1463 - L.D. 1960
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §850, sub-§1, as enacted by PL 1999, c. 435, §1, is amended to read:
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;
B. Receive medical treatment or attend to medical treatment for a victim who is the employee's daughter, son, parent or spouse; or
C. Obtain necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking.
The leave must be needed because the employee or the employee's daughter, son, parent or spouse is a victim of violence, assault, sexual assaults under Title 17-A, chapter 11, stalking or any act that would support an order for protection under Title 19-A, chapter 101. An employer may not sanction an employee or deprive an employee of pay or benefits for exercising a right granted by this section.
Sec. 2. 26 MRSA §850, sub-§1-A is enacted to read:
1-A. Definitions. For purposes of this subchapter, the terms "daughter," "son," "parent" and "spouse" have the same meanings as those terms have under federal regulations adopted pursuant to 29 United States Code, Section 2654, as in effect on January 1, 2002. An employer may require an employee to provide reasonable documentation of the family relationship, which may include a statement from the employee, a birth certificate, a court document or similar documents.
Sec. 3. 26 MRSA §850, sub-§2, ¶A, as enacted by PL 1999, c. 435, §1, is amended to read:
A. The employer would sustain undue hardship from the victim's employee's absence;
Sec. 4. Posting of notice. Notwithstanding the Maine Revised Statutes, Title 26, section 42-B, the Department of Labor, Bureau of Labor Standards is not required to modify and redistribute the printed notice required by that section to reflect the changes in the laws resulting from this Act. The Bureau of Labor Standards shall modify the printed notice to reflect the changes contained in this Act when it becomes necessary to print additional notices due to an insufficient supply of such notices or future changes in the laws.
Effective July 25, 2002, unless otherwise indicated.
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