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Appeal a Decision: Employers & Self-Employed Individual Electing Coverage

Employers and Self-employed individuals electing coverage have the right to appeal certain decisions. Issues that can be appealed are discussed below. Our goal is to ensure all parties feel they have had an opportunity to present their case in a fair hearing.

Employers and self-employed individuals are encouraged to file their appeal through the Maine Paid Leave Contributions Portal. Instructions for filing an appeal are below.

Appealable Issues

  • Imposition of a fine or penalty, including fines related to late or non-payment of premiums
  • Denial of a private plan substitution application
  • Revocation or withdrawal of a private plan substitution
  • Findings that an employer determination of undue hardship is unreasonable
  • Denial of a request to cancel a private plan
  • Disqualification of a Self-employed Individual electing coverage


Steps for Filing an Appeal

Login to your employer account on the Maine Paid Leave Contributions Portal at https://pfml.maine.gov/contributions/.

  • Click on the View Employer Details hyperlink in the Employer Details panel.
  • Next click the Appealable Decisions Tab and you will see all decisions that you can currently appeal. For example, if your application for a private plan substitution was denied, you will see information about the denial and a hyperlink for the letter notifying you of the denial.
  • To appeal the decision, click the File an Appeal hyperlink at the top right of the Employer Details springboard. Then follow the process for filing the appeal.
  • After filing the appeal, you will receive a hearing notice through the portal and additional information about preparing for the hearing by email.
  • You will also be able to click the Appeals tab from the Employer Details springboard to review information about the pending appeal or past appeals. It is important to remember that you must continue to comply with all of your premium contribution and reporting obligations to the State Fund while your appeal is pending.

Complete the Notice of Appeal Form and submit it by email, fax, mail, or hand delivery.  Notice of Appeal Form (PDF)

  • By Email with the completed Notice of Appeal Form attached:  Appeals.DOLPFML@maine.gov
  • By Faxing the completed Notice of Appeal Form: (207) 287-5994
  • By Mailing the completed Notice of Appeal Form to:
    • Maine Department of Labor
      Bureau Paid Family Medical Leave
      50 SHS
      Augusta, ME 04333-0050
  • By Hand Delivering the completed Notice of Appeal Form to:
    • Maine Department of Labor
      45 Commerce Drive
      Augusta, Maine

Preparing for the Hearing

Types of Hearings

  • Hearings are virtual “Zoom” hearings – make sure you have stable internet access the day and time of your hearing.
  • You may request the hearing be by telephone if circumstances prevent you from participating virtually.
  • In person hearings are scheduled as an accommodation and must be specifically requested as well.

You must make every effort to attend the hearing:

  • If you do not appear and your are the appealing party, your appeal will be dismissed.
  • If you do not appear and you are not the appealing party, the hearing will continue without you.
  • If you have a very serious conflict and cannot attend the hearing, let us know immediately at (207) 621-5054 or by email appeals.dolpfml@maine.gov

Be prepared to present your case thoroughly:

  • If you have documents you want the Hearings Examiner to consider, you must submit them by email to appeals.dolpfml@maine.gov before the hearing.
  • You will receive the documents the Department and any other non-appealing party is relying on prior to the hearing.
  • If there are witnesses with direct, personal knowledge of the facts relating to your case, make sure they will be available to attend your hearing and present their information.

Representation:

  • You have the right to hire an attorney or another person who you authorize to represent you at your hearing.  However, you are not required to have an attorney or other representative at the appeal.
  • If you do have another person representing you, you need to tell the Bureau who that person is and provide their contact information.  The representative will need to confirm that they have agreed to represent you.

Accommodations:

  • Please notify us in advance if you need services that will assist you in presenting the facts at your hearing.  These services may include, but are not limited to the following:
    • You need a telephonic or in person hearing
    • Accommodation for People with disabilities
    • Foreign language interpreter services for people whose first language is not English
    • Sign language interpreter services for people who are deaf or hard of hearing.  We will make the necessary arrangements for your hearing

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