12-702-1 Me. Code R. § IV

Current through 2024-51, December 18, 2024

Section 702-1-IV - [Effective 1/1/2025] Eligibility

A. To receive benefits, a covered individual must:

1. Be a covered employee as defined in Section II;

2. Have earned wages paid in the State at least 6 times the state average weekly wage during the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year. For the purposes of these calculations, the state average weekly wage is that which was published effective on the July 1 immediately preceding the date of application for benefits or of the start of the leave, whichever is earlier.

3. Submit an application for benefits no more than 60 days before the anticipated start date of family leave and medical leave and no more than 90 days after the start date of family leave and medical leave;

4. Be employed as of the date of application for benefits if applying in advance of leave, or be employed as of the date of leave beginning if applying retroactively for leave;

5. Have not been declared ineligible pursuant to Section IX of this rule; and

6. Satisfy one of the qualifying reasons under the Act.

B. The following provisions apply regarding the eligibility to take leave:

1. A covered individual may take family leave immediately following medical leave if the medical leave is taken during pregnancy or recovery from childbirth and supported by documentation by a health care provider. If the covered individual is eligible as of the start of the medical leave for pregnancy and recovery from childbirth, that eligibility status shall be retained for the purposes of family leave for bonding with a child immediately following the medical leave, regardless of the covered individual's eligibility data as of the first day of the family leave. The combined medical leave and family leave may not exceed the 12-week maximum of family and medical leave within a benefit year.

2. The 12 weeks of aggregate leave taken under this Act will be reduced by any leave taken under 29 U.S.C. § 2611 (eff. Dec. 20, 2019) or leave under 26 M.R.S. §844 that was not taken concurrently with leave under this Act in the 12 month period preceding the start of leave.

3. When determining an employee's eligibility to obtain benefits, the number of days an employee has worked for an employer shall not be considered by the Administrator.

12-702 C.M.R. ch. 1, § IV