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Maine Paid Family Medical Leave program issues new rules, calls for public hearing

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Maine Paid Family Medical Leave program issues new rules, calls for public hearing


On Wednesday a new set of rules for Maine’s Paid Family Medical Leave program that incorporates public comments received at a hearing earlier this summer was released. More than 15 clarifications and amendments that address everything from private family medical leave plans to self-employed workers is addressed in the second draft of rules.

Senator Mattie Daughtry, Assistant Senate Majority Leader, said with a program of this size a slow deliberative process was important.

“The first public comment had 1,000 comments from 300 people. You can see those comments were incorporated. So having this second comment period is important so that when it goes live in January that it is meeting the needs of what we need for this program in our state,” Daughtry said.

Maine’s Paid Family Medical Leave program would allow employees to take up to 12 weeks of leave to care for a newborn or adopted child or to deal with a serious health condition.

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Luke Monohan, Director of the Maine Paid Family Medical Leave program, said feedback from a diverse group of businesses and public members lead to commonsense changes that will make the program better for workers in Maine.

“It’s a complex program. It’s a program that will affect almost all workers and businesses in Maine. The fact that we were able to integrate so much and come up with so many changes and make people feel heard in the process,” Monohan said.

In a statement the Maine State Chamber of Commerce said the new proposed rule allows employers to declare private plans at least 12 months earlier than the previous rule and revises the ability for businesses to assert a hardship for leave.

The revised proposed Rule:

  • Clarifies the definition of family member.
  • Clarifies the role of employee leasing companies.
  • Determines employer liability based upon an employer’s established payroll in 20 or more calendar workweeks in the 12-month period preceding September 30th of each year by Federal Employer Identification Number (FEIN).
  • Clarifies the circumstances under which volunteers are not covered by the law.
  • Clarifies that an applicant must be employed on or before the day the approved leave will begin.
  • Clarifies eligibility for leave that runs concurrently with the Federal Family Medical Leave Act in the year before benefits for the Paid Family and Medical Leave Program are taken.
  • Amends provisions regarding notice and undue hardship.
  • Clarifies that fraud means “willful” acts.
  • Changes certain timelines.
  • Explains and clarifies the role of the Maine Bureau of Insurance and the Maine Department of Labor regarding the review of fully-insured private plans.
  • Clarifies the definition of income for self-employed individuals to elect coverage.
  • Amends the reasons an employee or employer may seek an appeal and notification to parties for appeals.
  • Amends the factors to determine minimum criteria for substitute plans.
  • Amends the process for submitting applications for substitute plans beginning April 1, 2025. Amends the start of premium exemption and benefit coverage relative to private plan substitution approvals. 
  • Establishes application fee for substitution of private plans.
  • Adds a section establishing the process for requesting advisory rulings.

A public hearing on the new rules will be held September 17 in Augusta. Public comments will be taken until September 30.

The final rules must be established prior to January 1, 2025.

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Get notified of announcements regarding the Maine Paid Family Medical Leave program.





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Maine

An endangered rabbit species is on the rise in parts of Maine

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An endangered rabbit can be found in seven towns in Maine, two more than just six years ago, and the number of colonies has more than doubled to 46 known sites in that time, according to the state’s small mammal biologist.

The native New England cottontail rabbit, which is on the Endangered Species list, is found in southern Maine, but its non-native invasive species cousin the Eastern cottontail is rapidly gaining ground, said Cory Stearns, small mammal biologist.

The two species eat similar foods, the main difference being where they live. Easterns will live closer to people under decks or porches or other human structures and are less timid about open space. That allows them to proliferate in areas where the native species won’t because they prefer to hide in bushes and thickets.

The concern is that the Easterns will dominate, making it harder for the New Englands to rebound, Stearns said. Because of that and the state’s ongoing research and monitoring program, biologists are asking Maine residents to report any sightings of the two species of rabbits.

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It’s difficult to tell them apart, but often the Eastern cottontail will have a white spot on its forehead. It also has bigger eyes that give them more side vision, he said.

It’s much easier to tell them apart from snowshoe hares in the winter. Snowshoes turn white, allowing them to hide in plain sight on the snow, while rabbits are brown year-round, Stearns said.

The New England cottontail saw its highest numbers in the 1960s when there were a lot of abandoned farms that provided thickets for hiding places. As the forest grew up and matured around those areas, the bushes and hidey-holes disappeared.

It now can be found in Cape Elizabeth, York, Wells, Scarborough, Kittery, Eliot and Kennebunk.

The low point was in 2018, when there were only 21 sites populated by the New England rabbits. The Easterns were first spotted in Maine in 2017 in Portland, Old Orchard Beach, the Berwicks and Wells.

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The scientists collect rabbit feces, called pellets, for genetic testing to determine which species is inhabiting a space. They also can figure out how many individuals are in a colony.

If you want to help out by reporting a rabbit sighting, fill in this form on the Maine Department of Inland Fisheries and Wildlife website.



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Maine lawmakers return to Augusta as session begins

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Maine lawmakers return to Augusta as session begins


AUGUSTA — The 132nd Legislature gathered at the State House Wednesday to open a new session and begin the long process of formally referring new bills to standing committees for hearings and work sessions.

Lawmakers are expected to meet in their respective chambers only one day a week through February, as work slowly ramps up on reviewing hundreds — if not thousands — of bills submitted by lawmakers. Most of the work in the coming weeks will happen during more frequent meetings of the individual committees.

The session is scheduled to end June 18.

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The top issue facing lawmakers is state spending.

On Tuesday, the governor’s budget office warned legislative leaders and members of the Legislature’s budget-writing committee about a $118 million shortfall in MaineCare, the state’s Medicaid program, in the current budget, plus a projected deficit in the next two-year budget of $450 million.

The state’s current two-year budget is $10.5 billion, but existing spending commitments already approved by lawmakers would push that spending level to $11.67 billion if they are  fully funded, according to the Department of Administrative and Financial Services.

Gov. Janet Mills is expected to present her budget in the coming days. She has said she plans to protect certain investments, including continuing to provide 55% of public education funding, free community college, MaineCare expansion and 5% revenue sharing with municipalities.

Speaker of the House Ryan Fecteau, D-Biddeford, speaks during first day of the 2025 legislative session on Wednesday. Joe Phelan/Kennebec Journal

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In addition to reviewing and amending the budget, lawmakers will take up a slate of new legislation. The deadline submit bills is Friday. During the previous Legislature, lawmakers submitted nearly 2,300 bills.

Democrats remain in control of state government. In addition to the governorship, Democrats retained majorities in the House and Senate, albeit by smaller margins. Democrats have had a trifecta since 2019.



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Balancing threats with public access, Maine Capitol Police beef up security • Maine Morning Star

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Balancing threats with public access, Maine Capitol Police beef up security • Maine Morning Star


Over the past two years, members of the Maine Capitol Police have visited state capitols across the country, learning how various law enforcement agencies are handling the increase in security issues.

These include bomb threats, hoaxes, and suspicious powder on mail — all of which happened in Maine just last year — in addition to armed protests seen in places like Michigan in recent years. 

Threats of violence have been made against Maine’s political leaders at all levels. Last March, there were emailed threats made against two state lawmakers who co-sponsored a controversial bill about reproductive health services and gender-affirming treatments. And on Thanksgiving, U.S. Rep. Jared Golden was reported to have bomb threats sent to his home in Lewiston. 

Though these politically-charged security risks are widespread, states may take their own approach to keeping their facilities safe. Maine Capitol Police Chief Matt Clancy said agencies throughout the country are working on developing best practices, but he’s focused on adopting policies and procedures that he feels are best for Maine. 

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Some state capitols Clancy visited felt a little too “tight,” white others didn’t even screen visitors upon entry, as is done in Augusta. 

“Here we’re trying to build a balance of providing the type of security that we feel makes the facilities here very accessible and inviting without being overbearing,” Clancy said. 

Maine State House evacuated after hoax bomb threats against legislators, Democratic Party

As a result of this work, Clancy said there will be some new security measures in place for the 132nd Maine Legislature. The session is starting to ramp up, with legislators sworn in, committee orientation meetings on the calendar for this week and cloture, the deadline for bills to be submitted, set for Friday. 

While many of the enhanced security measures are “unseen,” as Clancy described them, there will be some noticeable changes, especially for people who frequent the State House.

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One such change is the new Capitol Police K9. Visitors will see Ted — a nod to Red Sox legend Ted Williams, which was changed from Jeter to keep peace with New England sports fans — regularly patrolling the State House, but he will also be called in to assist with bomb threats. 

Hoax bomb threats have been particularly problematic in recent years. Last year, there were several threats, including one the first day of the session that forced lawmakers and visitors to evacuate. 

Though he couldn’t speak to the procedural details of responding to such threats, Clancy said his team’s goal is to thoroughly vet them while letting the Legislature get back to its business quickly — or in some cases, without any disruptions. Having a K9 will help improve that response, he said.

The other more noticeable changes will be in the Burton Cross Building, which sits next to the State House and connects through a tunnel. The building houses many of the legislative committee rooms in addition to agencies, such as the Maine Secretary of State’s Division of Elections.

Last session, Capitol Police started staffing the Cross Building with security personnel. This year, there will be even more of a presence, Clancy said. 

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Additionally, in the coming months, construction will begin on a new security screening area in the Cross Building, similar to what people have to go through to enter the State House. Clancy said they are currently accepting bids for the $7 million project and he expects it will take about 18 months to complete. 

Though Clancy said there is pressure in being responsible for the safety and security of facilities, lawmakers, and visitors, “you also have to understand that it’s the people’s house.”

“This is their house, they can come in and do their thing, be heard,” he said. 

Striking that balance, he said, will take regular evaluation of how new and old procedures are working in today’s political climate. One way the Capitol Police hope to stay vigilant without being overbearing is through its new security operations center located at its satellite station on the East Campus, which is situated across the Kennebec River. 

Clancy said his team decided to create that space after visiting other complexes across the country. The operations center has three workstations and a camera wall, allowing officers to remotely keep tabs on spaces in the State House and communicate concerns with those on the ground.

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Since the political world exists outside of the walls of the State House, Capitol Police are also monitoring chatter online — like they did with the threats made against lawmakers last year that was said to be related to a social media post. 

Vetting online discourse and threats requires the same nuance as protecting the physical security of the building, he said, balancing First Amendment rights and being prudent about the information that’s out there. The chief said it’s the cases where there were warning signs ahead of a bad scenario that keep him up at night. 

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