Maine Revised Statutes Title 26 Sec. 850-D – Applications and claims for benefits
Current as of: 2023 | Check for updates
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1. Procedures and forms. The administrator shall establish reasonable procedures and forms for filing claims for family leave benefits and medical leave benefits under this subchapter and shall specify what supporting documentation is necessary to support a claim for benefits, including any documentation required from a health care provider for proof of a serious health condition and any documentation required by the administrator with regard to a claim for safe leave or qualifying exigency leave.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 26 Sec. 850-D
- 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
- 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 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 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 Health care provider: means an individual licensed to practice medicine, surgery, dentistry, chiropractic, podiatry, midwifery or osteopathy or any other individual determined by the administrator to be capable of providing health care services. 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 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 Qualifying exigency: means an exigency determined pursuant to the federal Family and Medical Leave Act of 1993, 29 United States Code § 2612(a)(1)(E). See Maine Revised Statutes Title 26 Sec. 850-A Safe leave: means any leave taken because the covered individual or the covered individual's family member is a victim of violence, assault, sexual assault under Title 17?A, chapter 11, stalking or any act that would support an order for protection under Title 19?A, chapter 103. See Maine Revised Statutes Title 26 Sec. 850-A Serious health condition: means an illness, injury, impairment, pregnancy, recovery from childbirth or physical, mental or psychological condition that involves inpatient care in a hospital, hospice or residential medical care center or continuing treatment by a health care provider. See Maine Revised Statutes Title 26 Sec. 850-A United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Filing of application. An individual may file an application for family leave benefits or medical leave benefits no more than 60 days before the anticipated start date of family leave and medical leave and no more than 90 days after the start date of family leave and medical leave. The administrator shall waive the 90-day filing deadline for good cause. The administrator shall institute forms and procedures that are not unduly burdensome to an individual claiming benefits.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
3. Notification of employer. The administrator shall notify the relevant employer within 5 business days of a claim being filed pursuant to this subchapter.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
4. Confidentiality. Any medical or health information required under this section must be treated as confidential and may not be disclosed except with permission from the covered individual who provided it unless disclosure is otherwise required by law. Nothing in this section may be construed to compel a health care provider to provide any information for certification that would be in violation of Section 1177 of the federal Social Security Act, 42 United States Code § 1320d-6.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
5. Ineligibility. A covered individual is not eligible to receive family leave benefits or medical leave benefits if the administrator finds, through a process established by rule, that the covered individual, for the purpose of obtaining these benefits, has willfully made a false statement or misrepresentation regarding a material fact or has willfully withheld a material fact concerning the facts required to be certified pursuant to this section. The department shall establish a process by rule for the determination of eligibility under this section, including a grievance process for a covered individual determined to be ineligible.
[PL 2023, c. 412, Pt. AAA, §7 (NEW).]
SECTION HISTORY
PL 2023, c. 412, Pt. AAA, §7 (NEW).