This information is accurate as of March 20, 2020. It is subject to change based on any new legislation.
Maine Unemployment
Who does it apply to?
For all eligible employees, the size of the employer does not matter.
When does it apply?
- An Employee is temporarily laid off due to a partial or full closure of the Employer as a result of the state of emergency, but expected to return to work when emergency closure lifts.
- To ensure they have not been affected, the Employee is temporarily quarantined with the expectation of returning to work once the quarantine ends.
- Due to the risk of exposure or infection or to care for a family member, an employee leaves employment.
Duration
During the state of emergency and for 30 days following termination of the state of emergency.
Timing
Benefits are available immediately. No waiting period.
Notes
Must remain able and available to work in a way that would not cause an employee to break isolation or quarantine. Maintain contact with the employer. Not available if employees receive paid sick leave from the employer.
This information is accurate as of March 20, 2020. It is subject to change based on any new legislation.
New Federal FMLA Leave
Who does it apply to?
- One employed for at least 30 calendar days by the employer.
- An employer with fewer than 500 employees.
The Act excludes employers with fewer than 50 employees from civil FMLA damages for violating the law. It is unclear whether this is intended to exclude those employers from complying with all other damages that may apply. It appears employer who employs a “healthcare provider” or “emergency responder” can elect to exclude that employee from this leave.
When does it apply?
When an employee cannot work or telework due to the need for leave to care for a child under age 18 if the school or place of care closed, or the childcare provider is unavailable, due to a public health emergency.
What is permitted?
Up to 12 weeks of leave.
Is it paid?
The first 10 days are unpaid. After 10 days, time is paid by employer calculation of paid time. At least 2/3 of the regular rate of pay is based on the number of hours the employee is normally scheduled to work. It is not to exceed $200 per day and $10,000 in the aggregate.
How does it interact with other leave?
The Employee can elect to substitute accrued vacation, personal, medical, or sick leave for this unpaid time. Some rights to restoration to position.
Notes
Secretary of Labor can issue regulations to exclude certain health care providers and emergency responders from those eligible. It can exempt businesses with LESS THAN 50 employees if it could jeopardize the viability of the business.
Duration
April 2, 2020, to December 31, 2020.
This information is accurate as of March 20, 2020. It is subject to change based on any new legislation.
New Federal Emergency Paid Sick Time Law
Who does it apply to?
- All employees, no matter how long they have been employed.
- All employers, no minimum or maximum size.
- Private employers who employ fewer than 500 employees
- Public agencies that employ one or more employees.
When does it apply?
When employees cannot work or telework due to the need for leave, because they are:
- Subject to a federal, state, or local quarantine or isolation order related to COVID.
- Advised by a healthcare provider to self-quarantine due to concerns related to COVID.
- Experiencing symptoms of COVID and seeking a medical diagnosis.
- Caring for an individual subject to an order to quarantine or isolate or advised to do so.
- Caring for a child if the school closed or childcare provider is unavailable due to COVID.
- Experiencing any other substantially similar condition.
This law DOES NOT appear to cover a situation where an employee not in one of the categories above is subject to reduced hours or layoff because the employer’s business is in partial or full closure or otherwise affected by COVID.
What is permitted?
- Up to 80 hours of paid sick time for FT employees. Pro-rated for PT.
- This calculation is based on employees’ “required compensation” and the number of hours they normally are scheduled to work.
- Not to exceed $511 per day and $5,110 in the aggregate for an employee’s self-isolation, medical diagnosis, or treatment.
- Cannot exceed $200 per day and $2,000 in the aggregate for sick leave taken by an employee to care for a family member.
- If the leave is taken for the employee’s own self-isolation, medical diagnosis, or treatment, the employee is entitled to paid leave at 100% of their regular rate of pay.
- Employers only are required to provide leave at 2/3 the regular rate of pay if leave is taken to care of a family member.
- If an employee is paid under something other than a typical pay arrangement, the employer must calculate average daily hours worked similar to under the amended FMLA.
- The DOL should issue guidance to assist with these calculations.
How does it interact with other leave?
- Available immediately, no matter how long the employee has been employed.
- Employers CANNOT require that employees use other paid leave before using this leave.
- Leave ceases as of the next scheduled shift immediately following the end of the employee’s need for the leave.
Notes
Employers can exclude certain healthcare providers and emergency responders from those eligible special provisions for CBAs. They cannot diminish any rights or benefits an employee has under other federal, state, or local laws, CBA, or existing employer policies. No job protection coverage is provided under the amended FMLA.
Secretary of Labor can issue regulations to exclude certain healthcare providers and emergency responders from those eligible. They can exempt businesses with LESS THAN 50 employees if it could jeopardize the viability of the business.
Duration
April 2, 2020, to December 31, 2020
This information is accurate as of March 20, 2020. It is subject to change based on any new legislation.
How Do These Laws Overlap?
This is a very complicated question that we will try to address at our next Chamber session with hypotheticals.
Notes
State unemployment law and federal FMLA and sick leave seem to cover some of the same situations. Maine unemployment applies to all qualifying employees and all employers.
Federal FMLA and federal sick leave amendment limited in application to employers less than 500 unless the Secretary of Labor exempts those with fewer than 50.
Federal sick leave law prohibits an employer from requiring qualifying employees from using any other paid leave before using this leave. The employer CANNOT require the employee to use accrued paid vacation, sick, or other time either under the employer’s own policy, unemployment, or amended FMLA.
Maine unemployment specifically says it does not apply if the employee is receiving paid sick leave from the employer. If a qualifying condition exists for both unemployment and paid sick leave, the employee may choose which benefit to pursue. The employee may be eligible for Maine unemployment when federal leave runs out.
If an employee does not fit into one of the listed coverages under sick leave law but laid off due to the employer’s business impacted by COVID, then unemployment may be the only law that applies. We continue to analyze and provide updates.
This information is accurate as of March 20, 2020. It is subject to change based on any new legislation.