MDOL Rulemaking

The Department of Labor has rulemaking authority over such matters including rehabilitation services, wage and hour, safety and health, Unemployment Insurance, the Maine Apprenticeship Program, Paid Family Medical Leave, and employment services.

The Department adopts all rules in accordance with the Maine Administrative Procedure Act (APA), 5 MRSA chapter 375, subchapters 2 and 2-A. View a full list of Rule Chapters for the Department of Labor .
You may also find a link to the Department’s Regulatory Agenda below. The Regulatory Agenda highlights potential rulemaking for the year.

Link to Regulatory Agenda: https://www.maine.gov/sos/cec/rules/agenda23/12.pdf 


Proposed Rulemaking

12-702 Department of Labor, Paid Family and Medical Leave Program

Chapter 1, Rules Governing Paid Family and Medical

  • The Maine Paid Family and Medical Leave program is proposing this rule to provide definitions and procedures for implementing the Paid Family and Medical Leave (PFML) program, which was adopted in 2023. This new law, codified at 26 M.R.S. §§ 850-A through 850-R, will apply to most employees and employers in the State of Maine. PFML will provide up to 12 weeks of paid leave per benefit year for family, medical or safe leave, with such benefits beginning in mid-2026. Premium contributions will begin January 2025. To ensure proper implementation, this rule explains in detail the rights and responsibilities that will apply to employers, employees, self-employed individuals and tribal governments related to contributions and benefits. This rule also outlines application procedures, notice requirements and the process for employers to apply for a private plan substitution.
  • Public Hearing: Monday, June 10, 2024 at 9:00 a.m., at the Maine Department of Labor, Frances Perkins Room, 45 Commerce Dr., Augusta, ME 04330
  • Download the Proposed Rule: Chapter 1 rule (PDF)

Please Note: The public comment period for this proposed rule will be open until Friday, July 8, 2024.

Comment Procedure

If, for example, you would like to comment on Section VIII: Benefits, you would click only on the Section VIII checkbox below, then click in the Comments box to type in your comments about that section. After you are done then you would click the Submit button. After comment submission you see a Thank you page, then your web browser will then be redirected back to this web page. If you would like to comment on another section, you would go through the same process that you did the first time.

Please choose only one section checkbox per submission !

Section I: Definitions

Section II: Coverage

Section III: Use and Types ofLleave

Section IV: Eligibility

Section V: Notice and Undue Hardship

Section VI: Process for Application and Approval of Benefits

Section VII Review of Claims for Benefits

Section VIII: Benefits

Section IX: Fraud and Ineligibility

Section X: Premium

Section XI: Failure to Remit Premiums and Contribution Reports

Section XII: Elective Coverage

Section XIII: Substitution of Private Plans

Section XIV: Returning from Leave

Section XV: Appeals

 

12-170 Department of Labor, Bureau of Labor Standards - Chapter 9, Rules Governing Administrative Civil Money Penalties

  • The Bureau of Labor Standards is proposing amendments to this Rule to simplify and increase the effectiveness of the administrative civil money penalties, to modify the appeal process to remove the possible perception of bias, and to ensure that Bureau resources are allocated in a more effective and accountable manner.
  • Public Hearing: Monday, December 11th at 10:00am, at the Maine Department of Labor, Frances Perkins Conference Room, 45 Commerce Dr., Augusta, ME 04330. The public hearing will be held open for at least one hour
  • Download the Proposed Rule:

Please Note: The public comment period for this proposed rule is closed.

12-172 Department of Labor, Bureau of Unemployment Compensation

Chapter 14, Education Institutional Employees

  • Repeals and replaces the Rule to clarify the analysis as to whether an education institution employee is eligible for unemployment benefits during an established and customary vacation period.
    Public Hearing: Friday, February 2, 2024 at 1:00 p.m., at the Maine Department of Labor, Frances Perkins Room, 45 Commerce Dr., Augusta, ME 04330 (rescheduled due to office closures during winter storm December 19, 2023)
  • Download the Proposed Rule:

Please Note: The public comment period for this proposed rule is closed.

Chapter 24, Approved Trainings

  • The amendments to the Rule update and clarify the criteria and procedure for approved training, which waives the eligibility requirements to be able and available for work and to search for work.  The Rule is being reposted with additional changes.
  • Download the Proposed Rule:

Please Note: this rule is being reposted for public comment and the new end of the public comment period is Friday, March 29, 2024.

 

Chapter 27 (Proposed), Work-Share Rules

  • This Chapter establishes the requirements and procedures for employers who choose to participate in Maine’s Short-Term Compensation program, known as Work-Share.  This Chapter provides additional guidance and clarifies definitions and processes enacted in Title 26 § 1198 of Maine State Law. 
    Public Hearing: Friday, February 2, 2024 at 2:00 p.m., at the Maine Department of Labor, Frances Perkins Room, 45 Commerce Dr., Augusta, ME 04330 (rescheduled due to office closures during winter storm December 19, 2023)
  • Download the Proposed Rule:

Please Note: The public comment period for this proposed rule is closed.

 




12-179 Board of Occupational Safety and Health - Chapter 6, Regarding Occupational Injuries and Illnesses in the Public Sector

Chapter 6, Regarding Occupational Injuries and Illnesses in the Public Sector

  • The purpose of this chapter is to update this rule to reflect changes to the incorporated by reference rules governing the recording of occupational injuries and illnesses as promulgated by the Federal Occupational Safety and Health Administration at 29 CFR Part 1904, most recently amended on January 1, 2024
  • Download the Proposed Rule:

Please Note: The public comment period for this rule ends on May 17, 2024 at 5:00 pm.



 

Past Rulemaking

2024

  • Notice of Public Comment: October 18, 2023
  • Public Comment Deadline: November 17, 2023
  • Effective Date: March 18, 2024
  • Final Rule Language (PDF)

2023

  • Notice of Public Comment Posted: October 25, 2023
  • Public Hearing: November 14, 2023
  • Public Comment Deadline: November 29, 2023
  • Effective Date: December 13, 2023 Final Rule Language: Link to Language

  • Notice of Public Comment November 9, 2022
  • Public Comment Deadline: December 9, 2022
  • Effective Date: January 29, 2023
  • Final Rule Language: Link to Language

  • Notice of Public Comment Posted: December 14, 2022
  • Public Hearing: January 5, 2023
  • Public Comment Deadline: January 17, 2023
  • Effective Date: March 1, 2023
  • Final Rule Language: Link to Language
  • Department Response to Comments: Link to Responses

2022

  • Notice of Public Comment Posted: November 3, 2021
  • Public Hearing: November 22, 2021
  • Public Comment Deadline: December 6, 2021
  • Effective Date: September 21, 2022
  • Final Rule Language: Link to Language

  • Notice of Public Comment Posted: May 25, 2022
  • Public Comment Deadline: June 27, 2027
  • Effective Date: July 19, 2022
  • Final Rule Language: Link to Language

  • Notice of Public Comment Posted: July 13, 2021
  • Public Comment Deadline: September 24, 2021
  • Effective Date: January 15, 2022
  • Final Rule Language: Link to Language
  • Department Response to Comments: Link to Responses

  • Notice of Public Comment Posted: May 25, 2022
  • Public Comment Deadline: June 27, 2022
  • Effective Date: July 19, 2022
  • Final Rule Language: Link to Language

  • Notice of Public Comment Posted: February 16, 2022
  • Public Comment Deadline: March 18, 2022
  • Effective Date: May 4, 2022
  • Final Rule Language: Link to Language

2021

  • Notice of Public Comment: October 6, 2021
  • Public Comment Deadline: November 8, 2021
  • Effective Date: November 20, 2021
  • Final Rule Language: Link to Language

  • Notice of Public Comment: September 15, 2021
  • Public Comment Deadline: October 15, 2021
  • Effective Date: November 20, 2021
  • Final Rule Language: Link to Language

  • Notice of Public Comment Posted: March 25, 2020
  • Public Comment Deadline: May 27, 2020
  • Effective Date: January 1, 2021 
  • Final Rule Language: Link to Language
  • Department Response to Comments: Link to Responses

  • Notice of Public Comment: September 15, 2021
  • Public Comment Deadline: October 15, 2021
  • Effective Date: November 20, 2021
  • Final Rule Language: Link to Language

  • Notice of Public Comment Posted: March 17, 2021
  • Public Comment Deadline: April 23, 2021
  • Effective Date: June 29, 2021
  • Final Rule Language: Link to Language
  • Department Response to Comments: Link to Responses