Code of Maine Rules
12 - DEPARTMENT OF LABOR
170 - BUREAU OF LABOR STANDARDS
Chapter 18 - RULES GOVERNING EARNED PAID LEAVE
Section 170-18-II - Definitions
Current through 2024-38, September 18, 2024
As set forth in 26 MRS §637 or in this chapter, the following terms have the following meanings.
A. "120 days" for purposes of 26 MRS §637(2) and (3) means 120 calendar days (not business days).
B. "Base rate of pay." The base rate of pay for purposes of earned paid leave required by this statute is identical to the regular rate of pay defined in section 26 MRS §664(3). The base rate will be calculated by reference to the week immediately prior to the leave taken.
C. "Bureau" means the Bureau of Labor Standards, within the Department of Labor
D. "Calendar year" means January 1 through December 31 of any year.
E. "Covered Employee." A covered employee is a person engaged in employment as defined in the Employment Security Act, 26 MRS §1043(11) for an employer as defined by 26 MRS §1043(9), except as otherwise set forth herein or in the Act Authorizing Earned Employee Leave. A covered employee may include a person who is employed full-time, part-time or per diem.
F. "Covered Employer." A covered employer is an employer as defined by 26 MRS §1043(9) who employs more than 10 covered employees in the usual and regular course of business for more than 120 days in any calendar year.
G. "Emergency" and "sudden necessity," which terms may be used interchangeably herein, mean a situation in which the need for leave is not reasonably foreseeable.
H. "Employer" has the same meaning as in 26 MRS §1043(9).
I. "Employment" has the same meaning as in 26 MRS §1043(11), but does not include employment in a seasonal industry as defined in 26 MRS §1251.
J. "Employment in a seasonal industry" means employment in an industry determined by the Unemployment Insurance Commission to be seasonal pursuant to 26 MRS §1251 and employment for an employer who has submitted the required report to the Bureau of Unemployment Compensation setting forth the seasonal period for the applicable year.
K. "Hours Worked." For purposes of 26 MRS §637(3), for covered employees defined as exempt by federal regulations ( 29 CFR § 541), in the absence of any other record, the presumption is that hours worked by such employees are 40 hours per week.
L. "One-year period" means any period of 365 (366 in a leap year) consecutive days.
M. "Start of Employment" means the first day the employee performed work for the employer.
N. "Year of employment" means a period of 365 (366 in a leap year) consecutive days beginning with the employee's start of employment, or any subsequent period of 365 (366 in a leap year) consecutive days beginning on one of the following:
