12-702-1 Me. Code R. § VIII

Current through 2024-51, December 18, 2024
Section 702-1-VIII - [Effective 1/1/2025] Benefits
A.Calculation of Benefits:
1. The Weekly Benefit Amount paid to a covered individual is calculated based on a tiered wage system. The calculation of benefits will be determined by the Administrator using the applicant's Average Weekly Wage, as calculated based on the applicable earnings data reported to the Administrator by the employer or employers, or by the individual if the applicant is self-employed.
2. The Weekly Benefit Amount shall be calculated as follows:
a. Tier 1 wages and benefit: the State Average Weekly Wage shall be multiplied by 50% and rounded up to the nearest whole dollar. This shall be the Tier 1 Wage Cap. The portion of the individual's average weekly wage that is less than or equal to the Tier 1 Wage Cap is multiplied by 90% and rounded up to the nearest whole dollar. This shall be the Tier 1 Benefit Amount. If the covered individual's average weekly wage does not exceed the Tier 1 Wage Cap, no additional calculation under Tier 2 is required.
b. Tier 2 wages and benefit: the portion of the covered individual's average weekly wage that exceeds the Tier 1 Wage Cap shall be multiplied by 66% and rounded up to the nearest whole dollar. This shall be the Tier 2 Benefit Amount.
c. Weekly Benefit Amount: The Tier 1 Benefit Amount and the Tier 2 Benefit Amount shall be combined to equal the Calculated Weekly Benefit Amount. If the Calculated Weekly Benefit Amount exceeds the Maximum Weekly Benefit Amount, the Weekly Benefit Amount shall be the Maximum Weekly Benefit Amount; otherwise the Calculated Weekly Benefit Amount shall be the Weekly Benefit Amount.
d. 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. The Average Weekly Wage is calculated by dividing the reported wages for the applicant in their base period by 52. Once the Weekly Benefit Amount is established for a claim it will remain consistent through the life of the claim, subject to the subsection C below.
B.Payment of Benefits:
1. Approved benefits shall be paid to the covered individual by direct deposit into a checking or saving account in a financial institution in the United States. Alternatively, if the covered individual wishes to receive their approved Weekly Benefit Amount in the form of a debit card, the covered individual may request this on their application to obtain benefits.
2. Medical leave benefits are not payable to a covered individual for the first seven (7) consecutive calendar days beginning with the first day of leave.
C.Reduction and Proration of Benefits:
1.Proration of Benefits. Benefits shall be prorated for covered individuals taking leave for less than a full week as follows: the amount of time taken as leave will be divided by the amount of time the covered individual was scheduled to work for any employer in the week. The covered individual's prorated benefit amount shall be calculated separately for each week in which the covered individual reports use of leave equaling less than a full scheduled workweek.
2.Reduction of Benefits. For any week in which a covered individual is on family leave or medical leave, the covered individual's Weekly Benefit Amount must be reduced by the amount of wage replacement that the covered individual receives from a government program or law, including but not limited to unemployment insurance, workers compensation, other than for compensation received under 39-A M.R.S. § 213 for an injury that occurred prior to the family leave or medical leave claim, and other state or federal temporary or permanent disability benefits laws, or from an employer's permanent disability program or policy for the same week.
3. The covered individual's Weekly Benefit Amount is not subject to reduction by any of the following:
a. Any benefit received from SNAP, TANF, HEAP or similar programs;
b. Wages received from any other employer from whom the covered individual is not on leave;
c. Wages received from the employer from whom the covered individual is on leave for hours actually worked or authorized leave time used during the same week;
d. Wages received from the employer if the employer voluntarily pays the difference between the covered individual's Weekly Benefit Amount and their typical weekly wage. If the employer voluntarily pays such wages, the employer may charge that time against the covered individual's leave balances; and
e. Supplemental payments received from an employer's short term disability program or policy. to the extent that the payments combined with the PFML benefits do not exceed the individual's typical weekly wage.

12-702 C.M.R. ch. 1, § VIII