Maine bill would expand workplace benefits for domestic violence victims

Although many of us know the impact domestic violence can have on a family, we may not think about its workplace repercussions. Under Maine law, victims of violence (or those whose family members are victims) are entitled to benefits from their employer. Recently, a new state bill—an Act to Provide Leave from Work for Victims of Domestic Violence, Sexual Assault, or Stalking—was proposed to clarify and expand those benefits. Now is a good time to review current law and discuss the potential changes that could affect your workplace.

Current benefits

Currently, Maine employers must grant a leave of absence to an employee who is a violence victim, or whose family member is a victim, when the employee needs to:

• Prepare for and attend court proceedings;
• Receive medical care or attend medical treatment for a victim who is a close family member;
• Obtain necessary services for an incident caused by domestic violence, sexual assault, or stalking.

The leave may be paid or unpaid. Employers need not grant the leave if (1) the employee's absence would pose an undue hardship, (2) the request wasn't communicated within a reasonable time frame, or (3) they determine the leave was impractical, unreasonable, or unnecessary.

The statute is enforced by the Maine Department of Labor (MDOL), which may assess fines of up to $1,000 for each violation. The employer also may be ordered to pay the employee liquidated damages or back wages for noncompliance.

Potential changes on horizon