March 25, 2020
Dept. of Labor Posts Rules, to Hold Remote Public Hearing on Earned Paid Leave
The Maine Department of Labor (MDOL) has published rules for the required rulemaking process for Public Law 2019 Ch. 156, "An Act Authorizing Earned Employee Leave." Governor Mills signed this bill into law last year, which will go into effect January 1, 2021.
On Wednesday, March 25, the proposed rules will be published, and the public comment period will open for the Earned Paid Leave Rules. The public comment period will remain open until April 27.
The draft rules will be published at https://www.maine.gov/labor/proposedrulemaking/. The website will have an option to submit comments electronically through a submission box. Public comments may be sent online, by email to firstname.lastname@example.org (please note that it is about Earned Paid Leave rules in the subject), or through written correspondence to Maine Department of Labor, 54 State House Station, Augusta, ME 04330-0054. All submissions require a full name as well as a place of residence.
The Maine Department of Labor is also announcing a remote public hearing on the proposed rules:
- April 15, 2020, 5-7 p.m.
During the public hearing, anyone interested in speaking will have up to three minutes to share their thoughts on the proposed draft rules. In consideration of recent health concerns, the public hearing will be remote-access only, rather than an in-person meeting. Details on how to participate will be available on the Department's website: https://www.maine.gov/labor/proposedrulemaking/.
The bill, LD369, required the Maine Department of Labor to write rules to ensure the legislation can be implemented and enforced appropriately. The posting of the draft rules is part of MDOLs rulemaking process as well as the required Maine Administrative Procedures Act (MAPA). Once the public comment period ends, MDOL will review and respond to all public comments that were submitted. After the public comment period ends, MDOL will have 120 days to adopt the rules or release a revised set of rules based on public comments.
The legislation guarantees earned time off for employees who work for a business with 11 or more employees. Small businesses with 10 or fewer employees and seasonal employers who regularly operate less than 26 weeks in a calendar year are exempt. The law requires that an employee earn one hour of paid leave from a single employer for every 40 hours worked, up to 40 hours in one year of employment. This leave can be used for any purpose by the worker, however they are required to give their employer as reasonable notice as is possible.
The rules written will provide guidance to employers as well as workers who benefit from the earned paid time off. The Maine Department of Labor will also provide new posters to employers outlining guidance for the rule on its website.
If you would like to be updated during the process, please email email@example.com and ask to be placed on the Earned Paid Time Off rules mailing list.
The effective date of this law is January 1, 2021.
A link to the chaptered law (Public Law 2019 Ch. 156) may be found at the link below: http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0110&item=4&snum=129
The Maine Department of Labor is an equal opportunity provider. Auxiliary aids and services are available to individuals with disabilities upon request.