Maine Revised Statutes Title 26 Sec. 850-C – Payment of benefits
Current as of: 2023 | Check for updates
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1. Waiting period for medical leave. Medical leave benefits are not payable during the first 7 calendar days of the leave, except that an employee may use accrued sick or vacation pay or other paid leave provided under a collective bargaining agreement or employer policy during the first 7 calendar days of the leave.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 26 Sec. 850-C
- Authority: means the Paid Family and Medical Leave Benefits Authority, under section 850?O. See Maine Revised Statutes Title 26 Sec. 850-A
- Covered individual: means a person who:
A. See Maine Revised Statutes Title 26 Sec. 850-ADepartment: 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-AFamily leave: means leave taken pursuant to section 850?B, subsection 2. See Maine Revised Statutes Title 26 Sec. 850-A Fund: means the Paid Family and Medical Leave Insurance Fund established under section 850?E. See Maine Revised Statutes Title 26 Sec. 850-A Medical leave: means leave taken pursuant to section 850?B, subsection 3. See Maine Revised Statutes Title 26 Sec. 850-A Program: means the paid family and medical leave benefits program established in section 850?B. See Maine Revised Statutes Title 26 Sec. 850-A State average weekly wage: means the average weekly wage as published by the department for the State as a whole for the 12 most recently reported months. See Maine Revised Statutes Title 26 Sec. 850-A Wages: includes , but is not limited to, salary, wages, tips, commissions and other compensation as determined by rule. See Maine Revised Statutes Title 26 Sec. 850-A Weekly benefit amount: means the amount of wage replacement paid to a covered individual on a weekly basis while the covered individual is on family leave or medical leave as provided in section 850?C. See Maine Revised Statutes Title 26 Sec. 850-A Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Determination of weekly benefit amount. The weekly benefit amount paid to employees and self-employed individuals on family leave or medical leave is calculated as follows:
A. The portion of the covered individual‘s average weekly wage that is equal to or less than 50% of the state average weekly wage must be replaced at a rate of 90%; and [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. The portion of the covered individual’s average weekly wage that is more than 50% of the state average weekly wage must be replaced at a rate of 66% up to the maximum weekly benefit. [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3. Maximum benefit amount adjustment. The maximum weekly benefit amount calculated under subsection 2 is the state average weekly wage. By January 1st of the year in which claims begin being processed and annually thereafter, the department shall take into consideration the recommendation of the authority to adjust the maximum weekly benefit amount as necessary, and the adjusted maximum weekly benefit amount takes effect on January 1st of the year following the adjustment. The authority shall recommend adjusting the maximum benefit amount in order to maintain the solvency of the fund at a level of at least the annualized amount described in section 850?E, subsection 3.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
4. Prorated benefit. If a covered individual takes family leave or medical leave on an intermittent or reduced leave schedule, the weekly benefit amount must be prorated as determined by the department.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
5. Reduction of benefit. The weekly benefit amount must be reduced by the amount of wages or wage replacement that a covered individual receives for that period under any of the following while on family leave or medical leave:
A. A government program or law, including, but not limited to, unemployment insurance under this Title and workers’ compensation under Title 39?A other than for compensation received under Title 39?A, section 213 for an injury that occurred prior to the family leave or medical leave claim, or under other state or federal temporary or permanent disability benefits law; or [PL 2023, c. 412, Pt. AAA, §7 (NEW).]
B. A permanent disability policy or program of an employer. [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).