On April 15, 2022, Governor Mills signed L.D. 1874 – An Act to Clarify COVID-19 Paid Leave for School Employees. The emergency bill – which amends various provisions of 20-A M.R.S.A. §13605, the law created by the adoption of L.D. 993 last year – is effective immediately.
Pursuant to the updated legislation, Maine school employees affected by COVID-19 are each entitled to up to a maximum of 15 paid leave days if they need leave for one or more of the following reasons:
- They are subject to a federal, state or local quarantine order related to COVID-19;
- They have been, or are, advised by a health care provider to self-quarantine for reasons related to COVID-19;
- They are experiencing symptoms of COVID-19 and are seeking a medical diagnosis;
- They are caring for an individual subject to a federal, state or local quarantine order related to COVID-19; or
- They are a parent or guardian who is providing care for a child whose school or place of child care is closed or unavailable due to precautions related to COVID-19.
It is important to note, however, that from April 15, 2022 forward, a school employee who has 60 days or more of accrued paid leave will not be eligible for paid leave pursuant to this amended law.
In addition, the amended law requires school units to restore sick leave time to any school employee who used their own sick time for the above stated reasons from October 19, 2021 through April 15, 2022. The amended law also requires school units to compensate a school employee who was absent from work for the above stated reasons and who was not otherwise eligible to be paid for that absence from January 1, 2021 through April 15, 2022.
Lastly, the updated legislation permits school units to use federal COVID-19 relief funds to provide the paid leave under the amended statute, to the extent the funds are eligible to be used for the purposes of this updated law in accordance with federal law and regulations.
In order to assist school units with navigating the requirements of this updated COVID-19 paid leave law, Drummond Woodsum school attorneys Michael Buescher and Elek Miller will be hosting a webinar next Thursday, May 5, 2022 from 12:00 pm-1:15 pm to answer questions and offer tips and additional logistical guidance regarding the amended law. In the meantime, please do not hesitate to reach out to us if you have any questions or need assistance.
