APPROVED CHAPTER
APRIL 14, 2022 601
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
H.P. 580 - L.D. 775
An Act To Include within the Definitions of "Public Employee" and
"Judicial Employee" Those Who Have Been Employed for Less Than 6
Months
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §7051, sub-§5, as amended by PL 1987, c. 240, §3, is further
amended to read:
5. Probationary period; permanent appointments. All original appointments to the
classified service and all subsequent promotional appointments within the classified service
shall must be for a probationary period. The duration of the probationary period shall be
is determined by the director in consultation with the director or commissioner of the
agency, but in no case may it be for less than 6 months.
A. Probationary employees shall An employee during the probationary period must be
reviewed at the end of their the employee's 3rd month of employment by their
supervisors the employee's supervisor. The supervisor and the employee shall mutually
discuss the job tasks and the performance of the employee, including any necessary
improvements.
B. Probationary employees shall An employee during the probationary period must be
included in the payroll of the department in which they have the employee has been
hired at the time of the commencement of their the employee's duties. Probationary
employees shall An employee during the probationary period must be compensated in
the same manner as a permanent full-time employees employee, provided they have as
long as the employee has been hired in accordance with all applicable laws and
procedures.
C. During the probationary period, an employee is not entitled to a pre-disciplinary
hearing and may be dismissed, suspended or otherwise disciplined without cause.
Dismissal, suspension or any other disciplinary action against an employee during the
probationary period is not subject to the grievance and arbitration provision of the
collective bargaining agreement.
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 Sec. 2. 5 MRSA §7051, sub-§7, as amended by PL 1987, c. 9, §3 and PL 1995, c.
560, Pt. K, §82, affected by §83 and amended by PL 2001, c. 354, §3 and PL 2003, c. 689,
Pt. B, §6, is further amended to read:
7. Dismissal and disciplinary action. An Except as provided in subsection 5, an
appointing authority may dismiss, suspend or otherwise discipline an employee in the
classified service for cause. This right is subject to the right of appeal and arbitration of
grievances set forth in the applicable labor contract, in sections 7081 to 7084 or by civil
service rule; and sections 7081 to 7084 shall apply to any employee who has satisfactorily
completed an initial probationary period. This subsection does not apply to unclassified
employees listed in section 931, nor does this subsection in any way limit the collective
bargaining rights of classified and unclassified employees. This subsection does not apply
to an employee appointed to a major policy-influencing position listed in sections 932 to
953.
Notwithstanding any other provision of law to the contrary, the head of any institution
under the control of the Department of Health and Human Services as the appointing
authority may suspend with pay any employee who is charged by indictment with the
commission of a criminal offense involving acts alleged to have been perpetrated upon any
resident or residents of any such institution. Any suspension with pay may be authorized
by the appointing authority only when to permit the employee to remain on duty at the
institution would be against the best interest of any one or more of the residents of the
institution, and authorization for suspension with pay shall apply applies only during the
pendency of the criminal proceedings in the trial court, but not longer than 30 working
days. Sections 7081 to 7084 shall do not apply to suspension with pay ordered by the
appointing authority under this paragraph.
Sec. 3. 26 MRSA §962, sub-§6, ¶F, as repealed and replaced by PL 1969, c. 578,
§1, is repealed.
Sec. 4. 26 MRSA §979-A, sub-§6, ¶E, as enacted by PL 1973, c. 774, is repealed.
Sec. 5. 26 MRSA §979-D, sub-§1, ¶E, as amended by PL 1997, c. 741, §6 and
affected by §12, is further amended by amending subparagraph (3) to read:
(3) Cost items shall must be submitted for inclusion in the Governor's next
operating budget within 10 days after the date on which the agreement is ratified
by the parties. If the Legislature rejects any of the cost items submitted to it, all
cost items submitted shall must be returned to the parties for further bargaining.
Cost items related to a collective bargaining agreement reached under this chapter
and submitted to the Legislature for its approval under this subparagraph shall may
not be submitted in the same legislation that contains cost items for employees
exempted from the definition of "state employee" under section 979-A, subsection
6, and employees of the legislative branch, except that cost items for those
employees exempted under section 979-A, subsection 6, paragraphs E and
paragraph F, need not be excluded.
Sec. 6. 26 MRSA §1282, sub-§5, ¶E, as enacted by PL 1983, c. 702, is amended
to read:
E. Who is appointed to serve as a law clerk to a judge or a justice; or
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 Sec. 7. 26 MRSA §1282, sub-§5, ¶F, as enacted by PL 1983, c. 702, is amended
to read:
F. Who is a temporary, seasonal or on-call employee, including interns; or.
Sec. 8. 26 MRSA §1282, sub-§5, ¶G, as enacted by PL 1983, c. 702, is repealed.
Sec. 9. 26 MRSA §1283-A is enacted to read:
§1283-A. Judicial employees; probationary period
If the public employer requires a judicial employee to complete a probationary period,
that judicial employee may be dismissed, suspended or otherwise disciplined without cause
during that probationary period. Dismissal, suspension or any other disciplinary action
against a judicial employee during the probationary period is not subject to the grievance
and arbitration provision of the collective bargaining agreement.
Sec. 10. 26 MRSA §1285, sub-§1, ¶E, as amended by PL 1989, c. 596, Pt. N, §6,
is further amended to read:
E. To confer and negotiate in good faith with respect to wages, hours, working
conditions and contract grievance arbitration, except that by such obligation neither
party may be compelled to agree to a proposal or be required to make a concession.
All matters relating to the relationship between the employer and employees shall be
are the subject of collective bargaining, except those matters which that are prescribed
or controlled by law. Such matters appropriate for collective bargaining, to the extent
they are not prescribed or controlled by law, include, but are not limited to:
(1) Wage and salary schedules to the extent they are inconsistent with rates
prevailing in commerce and industry for comparable work within the State;
(2) Work schedules relating to assigned hours and days of the week;
(3) Use of vacation or sick leave, or both;
(4) General working conditions;
(5) Overtime practices; and
(6) Rules for personnel administration, except for rules relating to applicants for
employment and employees in an initial probationary status, including any
extensions thereof, provided that as long as the rules are not discriminatory by
reason of an applicant's race, color, creed, sex or national origin.
Cost items shall must be included in the Judicial Department's next operating budget
in accordance with Title 4, section 24. If the Legislature rejects any of the cost items
submitted to it, all cost items submitted shall must be returned to the parties for further
bargaining. Cost items related to a collective bargaining agreement reached under this
chapter and submitted to the Legislature for its approval under this subsection shall
may not be submitted in the same legislation that contains cost items for employees
exempted from the definition of "judicial employee" under section 1282, subsection 5,
except that cost items for employees exempted under section 1282, subsection 5,
paragraphs paragraph F and G, need not be excluded.
Sec. 11. 30-A MRSA §501, sub-§2-A, as enacted by PL 2009, c. 106, §1, is
amended to read:
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 2-A. Probationary period for corrections officials. Beginning October 1, 2009, a A
person who is hired as jailer, master, keeper or a subordinate assistant or employee under
section 1501 must complete an employment probationary period that lasts for one year.
During the probationary period, a person who is hired as jailer, master, keeper or a
subordinate assistant or employee under section 1501 may be dismissed, suspended or
otherwise disciplined without cause. Dismissal, suspension or any other disciplinary action
against an employee during the probationary period is not subject to the grievance and
arbitration provision of the collective bargaining agreement.
Sec. 12. 30-A MRSA §2701, amended by PL 1993, c. 744, §15, is further amended
by adding at the end a new paragraph to read:
During the probationary period, an employee may be dismissed, suspended or
otherwise disciplined without cause. Dismissal, suspension or any other disciplinary action
against an employee during the probationary period is not subject to the grievance and
arbitration provision of the collective bargaining agreement.
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Statutes affected:
Bill Text LD 775, HP 580: 5.7051, 26.962, 26.979, 26.1282, 26.1285, 30-A.501, 30-A.2701
Bill Text ACTPUB , Chapter 601: 5.7051, 26.962, 26.979, 26.1282, 26.1285, 30-A.501, 30-A.2701