12-702-1 Me. Code R. § V

Current through 2024-51, December 18, 2024
Section 702-1-V - [Effective 1/1/2025] Notice and Undue Hardship
A. An employee must give reasonable notice to the employee's employer of the employee's intent to use leave. Thirty days written notice to the employer shall be presumed to constitute reasonable notice, unless an employer determines otherwise in accordance with subsection (V)(D). In the case of an emergency, illness or other sudden necessity, an employee shall make a good faith effort to provide written notice to the employer of the employee's intent to use leave as soon as is feasible under the circumstances. If the employee is incapacitated, notice may be provided by a family member or health care provider on behalf of the employee.
B. The employee's notice shall include the following information:
1. The reason for the leave being requested (e.g. family, medical, safe leave, qualifying exigency);
2. The type of leave needed (e.g. continuous, reduced schedule, or intermittent leave);
3. Actual or anticipated timing and duration of leave;
4. Any other relevant information regarding the employee's need to take leave. The employer may not require an employee's notice to be in or on a prescribed form as long as the information provided is sufficient. This notice must be in writing, which can include a standard form, letter, email, or text message provided to the employer.
C. If the employee and employer agree to a schedule of leave, the employer may waive the 10-day review of undue hardship on a form and manner provided by the department at the time of the employee's application of leave.
D. The employer may reasonably determine that the timing or duration of the leave creates an undue hardship. "Undue hardship" means a significant impact on the operation of the business or significant expenses, considering the financial resources of the employer, the size of the workforce, and the nature of the industry that cannot be overcome with the amount of notice given. An employer's determination of undue hardship shall be considered reasonable if:
1. The employer provided a written explanation of the undue hardship to the employee, demonstrating, based on the totality of the circumstances, how the absence of the specific employee and the specific timing and/or duration of the employee's requested leave will cause significant impact on the operation of the business or significant expenses;
2. The employee retains the ability to take leave within a reasonable time frame relative to the proposed schedule; and
3. The employer has made a good faith attempt to work out a schedule for such leave that meets the employee's needs without unduly disrupting the employer's operations.
4. If medical leave is requested, the employer's proposed schedule must be sufficient to accommodate the healthcare needs of the employee in the judgment of the employee's healthcare provider.

12-702 C.M.R. ch. 1, § V