Maine LD 921: An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take Necessary Leave from Employment

LD 921 (subjects: EMPLOYEE BENEFITS , LEAVE POLICIES )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=921&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Matthea Daughtry of Brunswick: (D – District 49) — e-mail | Twitter | Facebook

8 Cosponsors:

Actions

Chamber

Action
3/17/2015 House Committee on Labor, Commerce, Research and Economic Development suggested and ordered printed.
The Bill was REFERRED to the Committee on LABOR, COMMERCE, RESEARCH AND ECONOMIC DEVELOPMENT.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/18/2015 Senate On motion by Senator Volk of Cumberland, REFERRED to the Committee on Labor, Commerce, Research and Economic Development, in concurrence.
6/2/2015 House Reports READ.
On motion of Representative HERBIG of Belfast, the Majority Ought to Pass as Amended Report was ACCEPTED.
ROLL CALL NO. 136
(Yeas 83 – Nays 60 – Absent 8 – Excused 0)
The Bill was READ ONCE.
Committee Amendment “A” (H-239) was READ and ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-239).
Sent for concurrence. ORDERED SENT FORTHWITH.
6/3/2015 Senate Reports READ
Senator VOLK of Cumberland moved to Accept the Minority Ought to Pass As Amended By Committee Amendment “B” (H-240) Report , in NON-CONCURRENCE.
Roll Call Ordered
On motion by Senator MASON of Androscoggin Tabled until Later in Today’s Session, pending Motion by Senator VOLK of Cumberland to ACCEPT the Minority Ought to Pass As Amended by Committee Amendment “B” (H-240) Report , in NON-CONCURRENCE.
6/3/2015 Senate Taken from the table by the President
Subsequently, On motion by Senator VOLK of Cumberland the Minority Ought to Pass As Amended by Committee Amendment “B” (H-240) Report ACCEPTED , in NON-CONCURRENCE.
Roll Call Ordered Roll Call # 127 35 Yeas – 0 Nays- 0 Excused – 0 Absent PREVAILED
READ ONCE
Committee Amendment “B” (H-240) READ and ADOPTED , in NON-CONCURRENCE.
Under suspension of the Rules, READ A SECOND TIME PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “B” (H-240) , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/4/2015 House The House RECEDED and CONCURRED to ACCEPTANCE of the Minority Ought to Pass as Amended Report and PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “B” (H-240).
ORDERED SENT FORTHWITH.
6/8/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/9/2015 Senate On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending in concurrence.
6/30/2015 Senate On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE.
On motion by Same Senator Under suspension of the Rules RECONSIDERED PASSAGE TO BE ENGROSSED AS AMENDED BY Committee Amendment “B” (H-240) , in concurrence.
On motion by Same Senator Under further suspension of the Rules RECONSIDERED whereby Committee Amendment “B” (H-240) was ADOPTED , in concurrence.
On motion by Same Senator Senate Amendment “A” (S-323) to Committee Amendment “B” (H-240) READ and ADOPTED
Committee Amendment “B” (H-240) As Amended By Senate Amendment “A” (S-323) thereto ADOPTED , in NON-CONCURRENCE.
PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “B” (H-240) AS AMENDED BY Senate Amendment “A” (S-323) thereto , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/30/2015 House The House RECEDED and CONCURRED to PASSAGE TO BE ENGROSSED as Amended by Committee Amendment “B” (H-240) as Amended by Senate Amendment “A” (S-323) thereto
ORDERED SENT FORTHWITH.
6/30/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/30/2015 Senate PASSED TO BE ENACTED, in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 921 as originally introduced. L.D. 921 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-B (H-240) .

An Act To Strengthen the Right of a Victim of Sexual Assault or Domestic Violence To Take Necessary Leave from Employment

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 26 MRSA 850, sub- 1, as amended by PL 2001, c. 685, 1, is further amended to read:

1. Required leave. An employer must grant reasonable and necessary leave from work, with or without pay, for an employee to:

A. Prepare for and attend court proceedings;
B. Receive medical treatment or attend to medical treatment for a victim who is the employee’s daughter, son, parent or spouse; or
C. Obtain necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking.

The leave must be needed because the employee or the employee’s daughter, son, parent or spouse is a victim of violence, assault, sexual assaults under Title 17-A, chapter 11, stalking or any act that would support an order for protection under Title 19-A, chapter 101. An employer may not sanction an employee or deprive an employee of pay or benefits for exercising a right granted by this section.

Sec. 2. 26 MRSA 850, sub- 3, as enacted by PL 1999, c. 435, 1, is repealed.

Sec. 3. 26 MRSA 850, sub- 3-A to 3-C are enacted to read:

3-A. Restoration of employment. An employer of an employee who exercises the right to take leave under subsection 1 shall upon the expiration of the leave restore the employee to the employment position that the employee occupied upon commencement of the leave or to a position of equivalent employment status, including equivalent seniority, benefits, wages and any other term or condition of employment.
3-B. Prohibited acts. An employer may not:

A. Discriminate or retaliate against an employee who exercises a right granted by this section;
B. Discharge, coerce, intimidate, threaten or interfere with an employee exercising a right granted by this section;
C. Discharge, coerce, intimidate, threaten or interfere with another employee who is assisting an employee in exercising a right under this section or for opposing any act on the part of the employer that violates this section; or
D. Oppose or discriminate or retaliate against any employee making a charge or testifying, assisting or participating in an investigation, proceeding or hearing concerning a violation of this section.

3-C. Enforcement. An employee whose rights have been violated under this section or the Department of Labor acting on behalf of the employee may bring an action in Superior Court against an employer to seek injunctive or other equitable relief to enforce this section and compensatory damages, including lost wages, benefits or other compensation or damages suffered by the employee due to the violation. A plaintiff has a right to a jury trial in an action under this subsection, and the court shall award reasonable attorney’s fees and costs to a prevailing plaintiff in addition to any other relief granted.

SUMMARY

This bill expands the law creating the right to a leave of absence for employees who are victims of violence by requiring that a returning employee be placed in the employee’s former employment position or a position of equivalent employment status. The bill prohibits discrimination or retaliation against an employee for exercising the right to take a leave of absence or enforcing the provisions of the law and creates a private right of action to enforce the law, and to seek injunctive or equitable relief and compensatory damages.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 921 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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