Section 702-1-I - [Effective 1/1/2025] DEFINITIONSA. Meaning of Terms. The following definitions are provided to clarify or to add to those codified in Title 26 §850-A. Unless the context otherwise requires, terms used in regulations, interpretations, forms, and other official pronouncements issued by the Department shall be construed in the sense in which they are defined in the law, or in this or other regulations of the Department. 1. "Act" means the Act authorizing Paid Family and Medical Leave, 26 M.R.S. §§ 850-A-850R.2. "Administrator" has the same meaning as § 26 M.R.S.850-A (1).3. "Applicant" means an individual who is applying to obtain benefits under this rule.4. "Authority" means the Paid Family and Medical Leave Benefits Authority established in 26 M.R.S. § 850-O.5. "Business day" means any day that is not a Saturday, Sunday or a state holiday.6. "Calendar week" means a period of seven consecutive calendar days, beginning on a Sunday.7. "Continuous leave" means leave occurring in blocks for consecutive days or weeks.8. "Department" means the Maine Department of Labor.9. "Days" means calendar days, unless otherwise specified in the Act, or in this rule.10. "Employer" has the same meaning as 26 M.R.S. §850-A (14). Additionally, "Employer" for the purpose of these rules, in the case of an employee leasing contractual arrangement described in 32 M.R.S. Ch. 125, means the client company as described in 32 M.R.S. Ch 125 §14051(1), and any reference to Federal Employer Identification Number (FEIN) means the FEIN of the client company.11. "Family leave" means leave requested by an employee for the reasons set forth in 26 M.R.S. §850-B (2) or 26 M.R.S. §843 (4).12. "Family member" has the same meaning as 26 M.R.S. §850-A(19).13. "Good cause" includes, but is not limited to, the following:A. A serious health condition that results in an unanticipated and prolonged period of incapacity and that prevents an individual from timely filing an application for benefits or a request to appeal;B. A demonstrated inability to reasonably access a means to file an application or to request an appeal in a timely manner, such as an inability to file an application or request to appeal due to a natural disaster or a significant and prolonged closure of the Department's offices;C. A serious health condition of a family member that requires the unanticipated and prolonged presence of the individual filing an application or request to appeal and that prevents the individual from timely filing an application for benefits or a request to appeal;D. Physical, intellectual, linguistic or other limitations including limited understanding of English that prevents the timely filing of an application or request to appeal; orE. Circumstances beyond the control of the individual filing the application or requesting the appeal that made it impossible to timely file the application or request to appeal despite making a reasonable effort to do so.14. "Health care provider" has the same meaning as 26 M.R.S. §850-A (21) and includes but is not limited to all providers identified in 29 C.F.R § 825.125 (eff. Feb 6, 2013.)15. "Intermittent leave" means an employee taking varying periods of leave and returning to work throughout a period of approved covered leave time. Intermittent leave may be planned (i.e., for routine appointments) or unplanned (i.e., for a flare-up of a serious health condition).16. "Independent contractor" has the same meaning as 26 M.R.S. §1043 (11) (E).17. "Medical leave" means leave requested by an employee for the reasons set forth in 26 M.R.S. §850-A (22).18. "Program" means the Maine Paid Family and Medical Leave Program.19. "Reduced schedule leave" means a leave schedule that reduces the typical number of days per workweek, or hours per workday, of an employee on a planned and consistent basis.20. "Safe leave" means leave requested by an employee for the reasons set forth in 26 M.R.S. §850-A(26)21. "Scheduled workweek" means the number of hours an employee is scheduled to work in a particular week. For the purposes of this rule, a self-employed individual who has elected coverage and a salaried employee as defined by 26 M.R.S. §663 (3) (K) have a scheduled workweek of 40 hours, Monday-Friday, 8 hours per day.22. "State average weekly wage" has the same meaning as 26 M.R.S. §850-A (30). For the purposes of this rule, the state average weekly wage amount is updated annually on July 1st.23. "Tier 1 wages" means the amount of the covered individual's reported gross weekly wage reported to the Administrator that is equal to or less than fifty percent (50%) of the state average weekly wage.24. "Tier 1 benefits" means the percentage of the wage replacement a covered individual is entitled to earn on wages up to fifty percent (50%) of the state average weekly wage.25. "Tier 2 wages" means the amount of the covered individual's reported gross weekly wage reported to the Administrator that is more than 50 percent (50%) of the state average weekly wage.26. "Tier 2 benefits" means the percentage of the wage replacement a covered individual is entitled to earn on wages that are more than 50 percent (50%) of the state average weekly wage as defined in this rule.27. "Waiting period" means the period in which medical leave benefits are not payable for approved leave under this Act beginning for the first 7 calendar days at the start of leave.28. "Wages" means all remuneration for personal services, including tips and gratuities, severance and terminal pay, commissions, and bonuses, but does not include remuneration for services performed by an independent contractor as defined by 26 M.R.S. §1043 (11) (E). "Wages" are calculated in the same manner as Maine unemployment wages in 26 M.R.S. §1043(19)(B-E) except that employees subject to wages include all employees with the exception of Section II (B) of these rules, and excludes wages above the base limit established annually by the federal Social Security Administration for purposes of the federal Old-Age, Survivors, and Disability Insurance program limits pursuant to 42 U.S.C. § 430. Wages include remuneration for services performed in the State or wages which are otherwise subject to Maine unemployment tax pursuant to 26 M.R.S. §1043 (11) (A) and (D).29. "Wages for self-employed individuals" has the same meaning as income as defined in 26 U.S.C.§ 1402(b) (eff. Mar. 23, 2018)30. "Weekly Benefit Amount" means the amount of wage replacement as calculated in 26 M.R.S. §850-C (2) payable to a covered individual on a weekly basis while the covered individual is on family leave or medical leave, including prorated amounts for partial weeks of leave.