Bill Summary – FastDemocracy

                                                                APPROVED                 CHAPTER
                                                                JUNE 12, 2025                 277
                                                               BY GOVERNOR              PUBLIC LAW
                                 STATE OF MAINE
                                          _____
                           IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FIVE
                                          _____
                                  S.P. 383 - L.D. 894
   An Act to Amend the Laws Governing Paid Family and Medical Leave
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 26 MRSA §850-B, sub-§5, as amended by PL 2023, c. 643, Pt. ZZZ, §4, is
further amended to read:
     5. Intermittent leave requirements. Leave permitted by this section may be taken
by an employee intermittently in increments equaling not less than one work day, or on a
reduced leave schedule otherwise unless a lesser increment is agreed to by the employee
and the employer, except that the employee and employer may not agree for to leave under
this section to be taken in increments of less than one hour. The taking of leave
intermittently or on a reduced leave schedule pursuant to this subsection may not result in
a reduction in the total amount of leave to which the covered individual is entitled under
this subchapter.
    Sec. 2. 26 MRSA §850-B, sub-§13 is enacted to read:
    13. Bureau of Paid Family and Medical Leave; responsibilities of commissioner.
Except as otherwise provided in this subchapter, the Commissioner of Labor shall
administer this subchapter through the Bureau of Paid Family and Medical Leave. The
commissioner may employ persons, make expenditures, require reports, make
investigations, impose assessments, coordinate with other departments and bureaus and
take other actions the commissioner determines necessary or suitable to administer this
subchapter. The commissioner shall determine methods of operational procedures in
accordance with the provisions of this subchapter.
    Sec. 3. 26 MRSA §850-F, sub-§11 is enacted to read:
     11. Enforcement to collect delinquent premium contributions, penalties and
assessments. If an employer fails to make a payment in whole or in part of premium
contributions, including penalties or assessments imposed, and the employer has exhausted
all rights to an appeal, the department may enforce collection by:
    A. Filing a civil action to collect unpaid premium contributions, penalties and
    assessments in the name of the commissioner, and the employer may be ordered to pay
    the costs of that action; and
                                   Page 1 - 132LR0296(04)
    B. Collecting by levy on a 3rd party that has possession or control of property in which
    the employer may have an interest the amount owed to the department for delinquent
    premium contributions, penalties and assessments consistent with section 1233.
    Sec. 4. 26 MRSA §850-F, sub-§12 is enacted to read:
     12. Liability of successor for delinquent premium contributions, penalties and
assessments. An individual or organization that acquires an employer's organization, trade
or business or a substantial part of the assets of that organization, trade or business is liable
to the department for any premium contributions, penalties and assessments unpaid by the
employer in the amount owed. The individual's or organization's liability under this
subsection may not exceed the reasonable value of the organization, trade or business or
assets acquired. Upon written request, the department shall provide the successor individual
or organization with information about the amount owed and other information as
determined necessary.
    Sec. 5. 26 MRSA §850-H, sub-§6, as enacted by PL 2023, c. 412, Pt. AAA, §7, is
amended to read:
     6. Violations. Employers offering private plans that violate this section are subject to
a fine of $100 per violation. If an employer's private plan benefit coverage is found to have
lapsed during a period of a private plan substitution approved under this section, the
employer may be assessed a fine equal to the amount of the premiums the employer would
owe to the fund pursuant to section 850-F for the time period in which coverage was not
provided plus a penalty of 1.0% of that employer's total payroll for the same period. An
employer may not deduct any employee portion of the premiums to pay this fine. The
department shall transfer any fines collected pursuant to this subsection to the fund. The
department by rule shall establish a process for the assessment and appeal of fines under
this subsection.
    Sec. 6. 26 MRSA §1401-A, sub-§2, as amended by PL 2017, c. 110, §10, is further
amended to read:
     2.   Commissioner; entities incorporated.            The department consists of a
Commissioner of Labor, referred to in this chapter as "the "commissioner," appointed by
the Governor and subject to review by the joint standing committee of the Legislature
having jurisdiction over labor matters and to confirmation by the Legislature, to serve at
the pleasure of the Governor, and the following entities as previously created or established
are incorporated into the Department of Labor:
    A. The Bureau of Unemployment Compensation;
    B. The Bureau of Employment Services;
    C. The Bureau of Labor Standards;
    D. The Bureau of Rehabilitation Services;
    F. The Center for Workforce Research and Information; and
    I. The State Workforce Board.; and
    J. The Bureau of Paid Family and Medical Leave.
                                     Page 2 - 132LR0296(04)
Statutes affected: 
Bill Text ACTPUB , Chapter 277: 26.850, 26.1401