1. Restoration. Any employee who exercises the right to family medical leave under this subchapter, upon expiration of the leave, is entitled to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This subsection does not apply if the employer proves that the employee was not restored as provided in this subsection because of conditions unrelated to the employee’s exercise of rights under this subchapter.

[PL 1987, c. 661 (NEW).]

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Terms Used In Maine Revised Statutes Title 26 Sec. 845

  • Employee: means any 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 but does not include an independent contractor. See Maine Revised Statutes Title 26 Sec. 843
  • Employee benefits: means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer. See Maine Revised Statutes Title 26 Sec. 843
  • Employer: means :
A. See Maine Revised Statutes Title 26 Sec. 843
  • Family medical leave: means leave requested by an employee for:
  • 2. Maintenance of employee benefits. During any family medical leave taken under this subchapter, the employer shall make it possible for employees to continue their employee benefits at the employee’s expense. The employer and employee may negotiate for the employer to maintain benefits at the employer’s expense for the duration of the leave.

    [PL 1991, c. 277, §2 (AMD).]

    SECTION HISTORY

    PL 1987, c. 661 (NEW). PL 1991, c. 277, §2 (AMD).