Eaton Peabody

In its continuing effort to create a “family friendly” workplace, the Maine State Legislature passed a bill requiring that a limited amount of paid leave can be used for an immediate family member who is ill. The law, called “An Act To Care for Families,” became effective on September 17, 2005 and applies to employers with 25 or more employees. The law does not distinguish between temporary, part- time or full-time employees either in its application or in its eligibility. If an employer does not offer paid sick leave, this law does not require that such policies be implemented.

Under Chapter 455 an employer must allow an employee to use up to 40 hours in a 12 month period of sick leave, vacation time, or other kind of paid leave accrued by the employee (including paid time off and earned time off systems) for the illnesses of immediate family members. The definition of immediate family includes an employee’s spouse, child and parent. The law does not require that these relatives live in the employee’s home.

Unless the employer has bona fide employment policy that says otherwise, the choice of which kind of paid time off an employee wishes to use, resides with the employee. When given the choice, we expect most employees will prefer to use sick leave instead of vacation time. This leave can be concurrent state and/or federal family and medical leave.

The operative event is an immediate family member who is “ill.” This term is not defined. It is different than a “serious health condition,” which is the operative event for family medical leave.

The Maine Department of Labor has been directed to promulgate regulations further explaining the employer’s obligation. The state has not yet begun drafting these regulations and it is likely that regulations will not finally issue until sometime in 2006.

Employers should review their policies for compliance with this new law, and should expect to review them again once final regulations are issued.

Please contact Thom Johnston or Clare Payne at 207-947-0111 for further information.

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