Pine State News

NFIB has urged officials from the Maine Department of Labor to avoid implementing complicated new rules for the Paid Family and Medical Leave (PFML) law. The organization suggests that existing rules for various leave programs already cover similar situations.

In its comments on proposed PFML rules, NFIB recommended that employment level calculations remain consistent with those used in the current unpaid family and medical leave law. "Maintaining consistency with employment level calculation will avoid compliance confusion with both the paid and unpaid laws," wrote NFIB.

The group also sought clarification on whether private "equivalency" plans need to offer the same 12 weeks of leave as public plans. They questioned if a large employer with a private plan must provide up to 12 weeks or just a financial equivalent even if fewer than 12 weeks are offered.

NFIB criticized a proposed process related to proving "undue hardship" when an employer wants an employee to take leave at a different time than requested by the worker. They argued, “It is our understanding the purpose of the ‘undue hardship’ provision in Maine’s law was intended to recognize the realities of business operations and especially challenges of running a small business... The proposed rule turns that statutory purpose on its head."

The organization pointed out that according to the law, “Use of such leave must be scheduled to prevent undue hardship on the employer as reasonably determined by the employer.” NFIB urged for simplicity in this process.

Finally, NFIB highlighted that about 86% of Maine employers have fewer than 20 employees, contrasting them with larger firms that have resources like human resource professionals and legal advisors. "We strongly urge that the rules also be viewed for how they affect the backbone of Maine’s economy, our thousands of small businesses," concluded NFIB's comments.

The Department of Labor reported receiving nearly 300 comments and will spend several months deciding what changes should be made before finalizing PFML rules later this summer or fall.