Committee supports Daughtry, Cloutier paid family and medical leave proposal

Posted: June 01, 2023 | Labor and Housing, Senator Daughtry
Sen. Daughtry and Rep. Cloutier speak at a press conference to introduce their Paid Family and Medical Leave bill on Thursday, March 25.

AUGUSTA –  On Thursday, the Legislature’s Joint Standing Committee on Labor and Housing voted in favor a bill from Sen. Mattie Daughtry, D-Brunswick, and Rep. Kristen Cloutier, D-Lewiston, that would create a statewide paid family and medical leave program. An amended version of LD 1964, “An Act to Implement the Recommendations of the Commission to Develop a Paid Family and Medical Leave Benefits Program,” received a vote of 8-5.

“It’s an incredible feeling to see years of hard work pay off. We are now closer than we have ever been to passing a paid family and medical leave program created by Mainers, for Mainers. This is a great example of what we can do when we build things together,” said Sen. Daughtry. “I’m grateful to the Labor and Housing Committee for listening intently, and for their careful consideration of this bill. I’m looking forward to finally seeing this bill cross the finish line.”

“With today’s committee vote, Maine is now one step closer to joining every other state in New England by enacting a paid family and medical leave program,” said Rep. Cloutier. “This compromise plan is the result of years of work to determine the best way to implement an equitable and inclusive program that is tailored to our state. At its core, this legislation is designed to support both Maine workers and businesses. It will help Mainers balance caring for their children and sick and aging family members, while at the same time helping our employers attract and retain workers that are desperately needed.”

BUILDING IT TOGETHER: PAID FAMILY AND MEDICAL LEAVE

As amended by committee, employees and employers would split a wage contribution, equal to 1% or less of the employee’s wage. Employers with 15 or fewer workers would not have to pay the contribution, but their employees would still be eligible. Employers who offer comparable or more comprehensive paid leave plans may opt out. Once an employee hits a certain contribution benchmark, they would be able to take up to 12 weeks of paid leave each year for qualifying life events. If the worker has been with their employer for at least 120 days, their job would be protected until they returned from leave. 

Employees would be able to take time off for:

  • The birth, adoption, or fostering of a child.
  • Supporting a sick or dying loved one.
  • Caring for an older family member.
  • Recovery from surgery, an accident, substance use disorder, or other health challenges.
  • Prepping for/transitioning back from a family member’s military deployment.
  • Managing immediate safety needs if you or a family member are a victim of domestic or sexual violence.

The worker’s wages would be replaced at a tiered rate, based on their average weekly income. Under the committee amendment, the benefit amount would be equal to 90% of a worker’s wages for income earned up to half of Maine’s average weekly wage, which is currently $1,036. That means the first $518 of a worker’s average weekly income would be replaced at 90%, which is $466.20. For income earned above that amount, the wage replacement would be 66% of earned pay. The total benefit cannot exceed the state average weekly wage.

Only 15 percent of American workers have access to any sort of paid leave, and fewer than 60 percent of the workforce has access to unpaid leave under the Family Medical Leave Act. Nationally, one in four women takes fewer than 11 days of parental leave after giving birth despite a recommended six- to eight-week recovery period. Eleven other states and the District of Columbia have instituted a statewide paid family and medical leave program, including every other state in New England.

Sen. Daughtry and Rep. Cloutier served as co-chairs of the bipartisan Commission to Develop a Paid Family and Medical Leave Benefits Program. The commission was formed in the 130th Legislature by LD 1559, “Resolve, To Create the Commission To Develop a Paid Family and Medical Leave Benefits Program,” which was sponsored by Sen. Daughtry and co-sponsored by Rep. Cloutier. After two years of work, the commission issued its final report earlier this year.  

LD 1964, which has over 100 co-sponsors, is supported by Small Business Majority, Maine Council on Aging, Maine AFL-CIO, Maine Coalition to End Domestic Violence, and AARP Maine. 

The Department of Labor estimates the start-up cost for the program to be $12 million. 

The bill now faces votes before the Senate and House.