An Act to Codify and Update a Provision of Private and Special Law Governing Temporary Disability for State Employees

Page 1 - 132LR2680(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1408 - L.D. 2093
An Act to Codify and Update a Provision of Private and Special Law
Governing Temporary Disability for State Employees
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §7073 is enacted to read:
§7073. Provision for temporary disability
When a confidential employee has a temporary total disability, the appointing authority
shall provide temporary disability benefits to the confidential employee in accordance with
this section and continue to pay the confidential employee's regular employment benefits
in accordance with subsection 7.
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Confidential employee" means an employee within the executive branch,
including a probationary employee, who is employed in a position excluded from the
definition of "state employee" pursuant to Title 26, section 979-A, subsection 6,
paragraphs B, C, D, I and J.
B. "Continuous leave" means leave that is not intermittent and not a reduced schedule.
C. "Temporary disability benefit" means a benefit for temporary total disability paid
to an eligible confidential employee pursuant to this section.
D. "Total disability" means the inability to engage in any gainful occupation for which
a confidential employee is reasonably suited by training, education and experience.
2. Eligibility. A confidential employee employed by the State in that position for
more than 6 months who becomes totally disabled may receive a temporary disability
benefit while the confidential employee remains totally disabled and under the care of a
licensed physician if:
A. The confidential employee incurs a loss of time from work as a result of the
disability, including a disability resulting from sickness or accidental bodily injury; and
APPROVED
APRIL 3, 2026
BY GOVERNOR
CHAPTER
629
PUBLIC LAW
Page 2 - 132LR2680(03)
B. The disability prevents the confidential employee from performing the duties of
that confidential employee's occupation.
3. Start of benefit. The temporary disability benefit must commence on the day
immediately following the later of:
A. The exhaustion of the confidential employee's accumulated sick leave; or
B. The 30th day of continuous total disability.
4. End of benefit. The temporary disability benefit must continue until whichever of
the following occurs first:
A. The day before the day the confidential employee returns to any gainful occupation;
B. The day after the confidential employee exhausts the remaining balance of the 365
days of temporary disability benefits allowed per confidential employee pursuant to
subsection 6; or
C. The first day the confidential employee is eligible for a disability retirement
allowance under Title 5, chapter 423, subchapter 5, article 3.
5. Benefit amount; exception for disabilities compensable under workers'
compensation. The temporary disability benefit equals 2/3 of the confidential employee's
weekly salary at the date of the commencement of the total disability. Any state retirement
allowance must be deducted from the temporary disability benefit. A temporary disability
benefit may not be made if the confidential employee's disability is compensable under
Title 39-A.
6. Benefit cap; subsequent periods of total disability. A confidential employee may
not receive more than 365 days of temporary disability benefits during that confidential
employee's entire tenure of service as a confidential employee, regardless of any breaks in
service. If a confidential employee does not use all 365 days of temporary disability
benefits for a single period of continuous leave for total disability, the confidential
employee carries the remaining balance of the 365 days and may use those remaining days
for subsequent periods of continuous leave for total disability in accordance with this
section.
7. Continuation of regular employment benefits. A confidential employee who is
provided temporary disability benefits under this section must continue to receive the
regular employment benefits that were provided to the confidential employee immediately
before the first date of the total disability.
Sec. 2. P&SL 1989, c. 86, Pt. C, §5 is repealed.