Maine Revised Statutes Title 26 Sec. 850-O – Paid Family and Medical Leave Benefits Authority
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The Paid Family and Medical Leave Benefits Authority, established in Title 5, section 12004?I, subsection 54?F, shall advise the administrator on the implementation and administration of the program in accordance with this subchapter. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
1. Membership; appointments. The authority consists of the following 15 members:
A. Eleven members appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over labor matters and to confirmation by the Senate:
(1) One member with expertise in issues affecting labor and independent contractors;
(2) One employer with more than 50 employees;
(3) One member with expertise in issues related to paid family leave benefits and paid medical leave benefits;
(4) One employer with 50 or fewer employees;
(5) One member who is self-employed;
(6) One member who is an employer in the hospitality industry;
(7) One member with expertise in treating issues affecting maternity and postpartum care;
(8) One member with expertise in agriculture, a seasonal workforce or a heritage industry;
(9) One member with expertise in issues affecting elder care;
(10) One member with expertise in child care and early childhood development; and
(11) One member with expertise in employment law representing employee interests; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. The commissioner or the commissioner’s designee; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
C. The controller or the controller’s designee; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
D. The Commissioner of Professional and Financial Regulation or the commissioner’s designee; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
E. One employee of the Department of Health and Human Services with expertise in foster care and adoption designated by the commissioner. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 26 Sec. 850-O
- Administrator: means the department administering the program or an authorized 3rd party conducting any functions necessary to implement and operate the program. See Maine Revised Statutes Title 26 Sec. 850-A
- Authority: means the Paid Family and Medical Leave Benefits Authority, under section 850?O. See Maine Revised Statutes Title 26 Sec. 850-A
- Commissioner: means the Commissioner of Labor. See Maine Revised Statutes Title 26 Sec. 850-A
- Controller: means the State Controller. See Maine Revised Statutes Title 26 Sec. 850-A
- Department: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 850-A
- Employee: means a person who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment in the State but does not include an independent contractor. See Maine Revised Statutes Title 26 Sec. 850-A
- Employer: means :
A. See Maine Revised Statutes Title 26 Sec. 850-AEmployment: means a service performed for wages. See Maine Revised Statutes Title 26 Sec. 850-A Family leave: means leave taken pursuant to section 850?B, subsection 2. See Maine Revised Statutes Title 26 Sec. 850-A Family leave benefits: means wage replacement paid pursuant to sections 850?B and 850?C to a covered individual while the covered individual is on family leave. See Maine Revised Statutes Title 26 Sec. 850-A Fiduciary: A trustee, executor, or administrator. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Medical leave: means leave taken pursuant to section 850?B, subsection 3. See Maine Revised Statutes Title 26 Sec. 850-A Medical leave benefits: means wage replacement paid pursuant to sections 850?B and 850?C to a covered individual while the covered individual is on medical leave. See Maine Revised Statutes Title 26 Sec. 850-A Oversight: Committee review of the activities of a Federal agency or program. Program: means the paid family and medical leave benefits program established in section 850?B. See Maine Revised Statutes Title 26 Sec. 850-A Quorum: The number of legislators that must be present to do business. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Terms. Members of the authority serve 3?year terms. When a vacancy occurs, the Governor shall fill the vacancy by appointing a member from the same category as the member who vacated the authority, and that new member continues to serve for the remainder of the term.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3. Chair; election of board officers. The members of the authority shall annually elect one of its members as chair and one of its members as vice-chair. The chair is responsible for scheduling at least 4 authority meetings a year and for preparing the agenda for each meeting.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
4. Quorum. A majority of the authority members constitutes a quorum.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
5. Staffing of authority. The department shall provide administrative and staff support to the authority, and staff shall attend all meetings of the authority.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
6. Meetings. The authority shall meet at least quarterly each year. Additional meetings may be held as necessary to conduct the business of the authority. At least once per year, the authority and the department shall convene a meeting to solicit public comment on any issues related to paid family leave benefits and paid medical leave benefits and on the experiences of employers and employees with the program.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
7. Duties. The authority:
A. Shall monitor the program on an ongoing basis to ensure the program’s efficacy and performance, including its fiscal accountability and its financial solvency; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. Owes a fiduciary duty to the program and shall monitor and issue recommendations regarding the program’s financial solvency; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
C. Shall propose changes to or advise the administrator on the laws, rules, administrator policies and other significant issues related to paid family leave benefits and paid medical leave benefits; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
D. Shall provide policy oversight and recommendations on the administration and structure of the program; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
E. Shall review and make recommendations to the commissioner related to the relationship between the administrator and the employers and employees participating in the program and any education and outreach needs of the program; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
F. Shall solicit and consider public comment on the administration of the program; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
G. Shall consider and make recommendations on how to support employers with implementation of the program and maintain stability of the labor workforce for employers; [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
H. May review all contracts regarding the program, including its administration and financial solvency; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
I. May recommend suggested legislation to the joint standing committee of the Legislature having jurisdiction over labor matters. The joint standing committee of the Legislature having jurisdiction over labor matters may submit a bill to any regular or special session based on legislation suggested in accordance with this paragraph. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).