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V O L . X X I X N O. X X V I N OV E M B E R 1 3 , 2 0 2 3 16 L AW / P O L I C Y F O C U S Since there's no requirement to take the 12 weeks all at once, the leave time could be spread out via a reduced schedule. e arrangement becomes more complicated for part-timers who put in fewer than eight hours at a time, the minimum increment allowed under the new regime. Where pos- sible, 30 days' notice to the employer is required, otherwise the notice period would be "as soon as practicable." e maximum weekly benefit amount is capped at 120% of the state average weekly wage ($1,103 in 2022), and the weekly benefit amount is 90% of the cov- ered individual's average weekly wage. Based on that formula, a person making $40,000 a year earning a weekly wage of $769 would receive $640 while on paid leave, calculates Stephen E.F. Langsdorf, an Augusta-based partner with law firm Preti Flaherty. "Let's hope that having a more physically and mentally healthy work- force will offset some of that loss of productivity," he says. After taking leave, the employee con- cerned has the right to right to return to his or her job without any retaliation from the employer as long that employee has been with the company for at least 120 days before taking leave. e Maine Department of Labor has yet to decide whether it will administer the program itself or contract a third party via a competitive bidding process; the department also plans to start the required rulemaking in spring 2024. "e calendar is very tight for imple- mentation," especially if the program ends up being state-run, warns Patrick Woodcock, president and CEO of the Maine State Chamber of Commerce. "For a lot of businesses, the last few years have been overwhelming [so] we'll be doing our part to ensure through all the channels that people can get prepared for this," he says. "e last thing you want is that this becomes a surprise in 2025." Businesses 'need people now' e new law covers medical, caregiv- ing and parental leave to bond with a newborn. One aspect that rankles some employers is the law's broad definition of "family member." For purposes of the benefit, the term applies to worker's spouse or domestic partner, child, grandparent, grandchild, sibling as well as "any other individual with whom the covered individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship." Based on that language, an eligible employee could get paid leave to care for an inca- pacitated neighbor, family friend, dis- tant cousin or pet-sitter — all of whom could be considered family in the law's broad definition. at worries business owners like Steve Hanington, president of Hanington Brothers Inc., a third-gener- ation logging company with 35 employ- ees in the Aroostook County town of Macwahoc. e business was founded by his father and uncle in 1958 with a work horse rented from his grandfather, and staffing is a constant hurdle. "In our situation as logging operators, we have log load operators who work daily with three to four truck drives. If we lose a crane operator [on leave], what's the poor truck driver going to do? ere'll be nobody there to load the truck." While Hanington considers the 1% payroll tax as part of the cost of doing business, he says "the cost of lost production is insurmountable" at his seasonal business, which operates only 40 weeks a year. "I'm pro-labor," he says, "but we're all human beings, and if someone can get 90% of their full-time compensation [via paid leave], it can be very easy to come up with ways to get 12 weeks of vacation," he says. "For us, the state lacks an under- standing on how our operations run." Hanington, who works with his son, also employs a lot of older workers and » C O N T I N U E D F RO M P R E V I O U S PA G E As with any new program, there are learning curves and unknowns that go along with ensuring compliance. — Amy Harkins KMA Human Resources Consulting P H O T O / C O U R T E S Y O F T H E M A I N E S TAT E C H A M B E R O F C O M M E R C E Patrick Woodcock, president and CEO of the Maine State Chamber of Commerce. Maria Fox, a partner with Portland law firm Murray, Plumb & Murray says, "We are advising employers to begin reviewing their policies now." Steve Hanington, president of Hanington Brothers Inc. in northern Macwahoc, employs 35 people at the logging company founded by his father and uncle in 1958. P H O T O / F R E D F I E L D P H O T O / C O U R T E S Y O F M U R R AY P L U M B & M U R R AY

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