Sen. Daughtry, Rep. Cloutier share report from Paid Family and Medical Leave commission

Posted: February 07, 2023 | Senator Daughtry

The commission co-chairs announced the report’s release at a press event in the State House marking 30 years of FMLA

Sen. Mattie Daughtry speaks at a press conference supporting Paid Family and Medical Leave on Tuesday, February 7, 2023.

AUGUSTA – On Tuesday, Sen. Mattie Daughtry, D-Brunswick, and Rep. Kristen Cloutier, D-Lewiston, shared the final report from the Commission to Develop a Paid Family and Medical Leave Benefits Program. Sen. Daughtry and Rep. Cloutier, who co-chaired the commission, joined a press conference to promote a paid family and medical leave (PFML) policy for Maine. The press event was hosted by a coalition supporting PFML, with February marking 30 years since the federal Family Medical Leave Act was passed. 

“Maine needs a statewide paid family and medical leave policy. While we’re already leading the nation with our statewide earned paid leave policy, it became abundantly clear during my work with the commission that more work needs to be done,” said Sen. Daughtry. “It was gratifying to work with so many people from across the state, with all of us pulling in the same direction: Creating a paid family and medical leave plan that works for Maine. We all knew we had an incredible opportunity to get this done, and to do it right — for Maine businesses, for Maine workers, for Maine families.” 

Rep. Kristen Cloutier speaks at a press conference supporting Paid Family and Medical Leave.

“This session, we have a momentous opportunity in the Legislature to enhance Maine’s care infrastructure,” said Rep. Cloutier. “The United States is the only developed country in the world without a national paid family and medical leave policy, leaving it up to states to piece together solutions. I am proud of the work the commission has done over the past two years to study existing programs in other states, receive public input, develop a plan and make policy recommendations. A statewide PFML program will support our working families, make our economy more competitive and set Maine on a better path to improved health and well-being, both now and well into the future.”

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. 

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.

Sen. Daughtry and Rep. Cloutier also recently attended a White House briefing on state-level paid family and medical leave efforts around the country. A readout from that event is available here.