Current through 2024-51, December 18, 2024
Section 702-1-XII - [Effective 1/1/2025] Elective CoverageA. Elective coverage is available to self-employed individuals and tribal governments under the following conditions:1. Electing coverage: a. A self-employed individual who is a resident of the State of Maine may elect to obtain coverage for paid family or medical leave benefits for themselves by filing a notice of election form provided by the Department and providing a copy of their tax return for the previous year.b. A tribal government may elect to obtain coverage for paid family and medical leave benefits as an employer for the tribal government's employees by filing a notice of election form provided by the Department.c. Elective coverage must be for an initial period of not less than three years, renewable after the initial period in one-year increments.2. Effect of electing coverage: a. Approved elective coverage becomes effective on the first day of the first quarter following the approval of the self-employed individual or tribal government's election.b. A self-employed individual who has elected for coverage may apply for benefits on the same basis as any other applicant, pursuant to section VI of this rule.c. A tribal government that has elected for coverage shall be treated for the period of coverage as an employer in the meaning of the Act and these rules.3. Wages:a. For self-employed individuals electing coverage, wages are based on net earnings from all self-employment, including but not limited to, income reported to Maine on the personal income tax return from a prior tax year or as filed with the Maine Revenue Services. Applicable tax returns must be submitted annually to the Department by June 1.b. A self-employed individual's reported wages must meet the minimum threshold for covered individuals in order to be eligible for PFML benefits. For tribal governments that have elected coverage, quarterly contribution reports must be submitted to the Department consistent with section X of this rule.4. Withdrawing or renewing coverage: a. A self-employed individual or tribal government may withdraw from coverage on a form provided by the Department within 30 days following the end of the coverage period. The Department shall notify all elective coverage employers and individuals of the end date of their coverage period no later than 60 days before the end date. If the self-employed individual or tribal government does not withdraw during the specified period, their coverage renews for an additional one-year period.b. A self-employed individual may also withdraw from coverage within 30 days if they are no longer a self-employed individual.c. The effective date of any withdrawal under this section is 30 days after the filing of notice of withdrawal or the date of the Department's notification of approval of withdrawal, whichever is later.d. A self-employed individual or tribal government that has been covered but whose coverage has not been renewed may elect coverage again, beginning with an initial three-year period of coverage.12-702 C.M.R. ch. 1, § XII