The Essential Guide to Family & Medical Leave

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appendix A | state laws and departments of labor | 315 Maine Family and Medical Leave (Me. Rev. Stat. tit. 26, §§ 843 and following) Covered Employers: Employers with at least 15 employees. Eligible Employees: Employees who has worked for at least 12 consecutive months and works at a site with at least 15 employees. Types of Leave: For the birth or adoption of a child; for the employee’s own serious health condition; to care for a family member with a serious health condition; or to be an organ donor. Amount of Leave: Ten consecutive weeks in a two-year period. Family Members: Same family members as FMLA, plus parents-in-law. Procedural Requirements • Notice: Employee must give 30 days’ notice of the date when leave will begin and end, unless a medical emergency prevents the employee from doing so. • Medical Certifications: Employer may ask employee to provide a written certification from a physician verifying the amount of leave requested; if employee relies in good faith on treatment by prayer or spiritual means in accordance with the tenets or practice of a recognized church or religious denomination, employee may submit a certification from an accredited practitioner of those healing methods. • Benefits: Employer must make it possible for the employee to continue health care coverage at employee’s expense. Domestic Violence Leave (Me. Rev. Stat. tit. 26, § 850) Covered Employers: All employers. Eligible Employees: Any employee who, or whose parent, spouse, or child, has been a victim of violence, assault, sexual assault, stalking, or domestic violence.
316 | the essential guide to family and medical leave Reasons for Leave: For the employee to: • prepare for and attend court proceedings • receive medical treatment or attend to medical treatment for a victim who is the employee’s child, spouse, or parent, or • obtain necessary services to deal with a crisis caused by domestic violence, stalking, or sexual assault. Amount of Leave: “Reasonable and necessary” leave. Employer does not have to grant leave if the employee’s absence would cause undue hardship; the employee doesn’t request leave within a reasonable time under the circumstances; or leave is impractical, unreasonable, or unnecessary under the circumstances. Procedural Requirements • Notice: Employee must give notice within a reasonable time under the circumstances. • Certification: Employer may require documentation of a family relationship with the victim.
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First Edition June 2007 Editor alay
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About the Authors Lisa Guerin is an
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5 Leave for a New Child Leave for B
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An Overview of Family and Medical L
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chapter 1 | AN ovERvIEW OF FAMILY A
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Is Your Company Covered by the FMLA
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chapter 2 | is your company covered
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Leave for a Serious Health Conditio
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Leave for a New Child C H A P T E R
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How Much Leave Can an Employee Take
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chapter 8 | Medical Certifications
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