Revised Paid Leave Rules Released for Public Comment

August 31, 2024

Revised Paid Leave Rules Released for Public Comment

Draft revised rules to implement the Maine Paid Family & Medical Leave (PFML) law contain some notable improvements on the initial draft rules but still contain key problem points for small employers. Over 1,000 comments on the previous draft, from nearly 300 people were reviewed, according to Maine labor officials. Notable provisions include:

Whether an employer is below the 15-employee reduced tax threshold will be determined by an employer’s “established payroll in 20 or more calendar weeks” during the 12 months ending September 30^th. This approach is also used to determine employment threshold in the unpaid Family & Medical Leave (FMLA) law.
Employers may still have to justify use of “undue hardship” in requesting that an employee avoid scheduling leave during a particular time. The justification process may have a chilling effect on the use of this provision and effectively take away the scheduling right from small employers.
Employers planning to substitute a private plan may apply beginning April 1, 2025, instead of January 1, 2026. This change shortens significantly the time those employers and their employees pay into the fund (without refund) before an application is approved.
Employers with private plans may allow “at least 10 weeks of aggregate leave” annually compared to the 12 weeks required of all other employers. This matter previously was unclear.
Employers will be notified both when an employee applies for paid leave as well as when the leave has been approved or denied. The earlier draft rules required only initial application notification.

NFIB will soon send additional information and comments to members. Public comments will be accepted through 5 p.m., September 30^th. The revised rules and comment page can be found on the MDOL website. www.maine.gov/labor/rulemaking/

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Uncategorized

State:

Maine

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