Sen. Daughtry, Rep. Cloutier present final report from paid family and medical leave commission

The commission co-chairs presented the report before the Labor and Housing Committee on Tuesday

AUGUSTA – Sen. Mattie Daughtry, D-Brunswick, and Rep. Kristen Cloutier, D-Lewiston, presented the final findings and recommendations from the Commission to Develop a Paid Family and Medical Leave Benefits Program before the Legislature’s Labor and Housing Committee on Tuesday. 

Sen. Daughtry and Rep. Cloutier, who co-chaired the commission, highlighted the commission’s work over the last two years, which included studying existing programs in other states, receiving input from Maine workers and businesses and considering various funding sources and structures. 

“After two years of hard work, deliberation and collaboration, it was exciting to finally be able to introduce this proposal to the Labor and Housing Committee. I’m eager for the next steps we face to create a paid family and medical leave policy that works for Maine,” said Sen. Daughtry. “As a young woman and a small-business owner, this issue is particularly important to me. Not only do I want to be able to offer a benefit like this to my employees, but as someone who wants to someday start a family, it’s a policy I will also need. Maine needs — and deserves — paid family and medical leave. After today, we’re even closer to that becoming a reality.”

“Throughout our work on the commission over the last two years, one thing remained abundantly clear: the need for a paid family and medical leave program in Maine is vital,” said Rep. Cloutier. “I am proud of the work we put in to study programs in other states, thoroughly review the actuarial study and hear directly from Mainers about what would work best for them. Today is just the beginning of the process, and I’m looking forward to working with the Labor and Housing Committee and the rest of my colleagues in the Legislature in our efforts to craft a policy that’s affordable, accessible and tailored to Maine.”

Read more about the Paid Family Medical Leave commission’s report

Currently, 77% of all Mainers lack access to paid family and medical leave, and many do not even qualify for unpaid leave. However, the policy is popular in Maine, with 73% of Mainers indicating support, according to a recent survey. 

The Commission to Develop a Paid Family and Medical Leave Benefits Program 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. The report is the compilation of nearly two years of work. 

Recommendations in the commission’s report include:

 The Maine program should include all workers. This includes full-time, part-time, temporary and seasonal workers. Self-employed workers would be able to opt into the program, and this is consistent with other paid programs in the U.S.

Leave can be used to care for a new child, to care for a family member with a serious health condition, or to attend to certain emergencies related to a family member’s military deployment. The Commission also agreed on the inclusion of “safe leave” used for the purpose of attending to certain medical and non-medical needs arising from domestic violence, harassment or stalking.

Eligibility must be based on a level of income earned, because the Department of Labor does not collect information on the number of hours worked by employees and only has data on income earned. The Commission recommends that the Labor and Housing Committee determines what the income eligibility requirements of the program should be.

Employers with fewer than 15 employees should be exempt from contributions to fund the program. This number was chosen to match the threshold that is currently used for the state’s unpaid family and medical leave program.

The majority of commission members support an 80-90% wage replacement. The Commission supports establishing a maximum replacement rate of 120% of the state average weekly wage for the program.

There should be an annual 12-week maximum leave limit for a particular qualifying need and a 16-week combined limit. Members also supported the ability for employees to use intermittent leave as long as the minimum was for full workday increments (whatever that full day might look like for the employee). Commission members noted that smaller periods of time for appointments could be covered by paid time off.

The program should be streamlined and uncomplicated for both employers and employees, whether it is administered by a state department or through a private contract.

From the commission’s recommendations, the Legislature will consider several models for a potential program. The legislation, LR 9, is in the process of being drafted and will be released in the coming weeks.