An Act Regarding the Laws Relating to Unemployment Insurance

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 445 - L.D. 706
An Act Regarding the Laws Relating to Unemployment Insurance
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1043, sub-§3-A, as amended by PL 1995, c. 9, §1, is further
amended to read:
3-A. Alternate base period. For benefit years effective on or after September 27,
1992 for any individual who fails to meet the eligibility requirements of section 1192,
subsection 5 1192-A, subsection 2, paragraph F in the base period as defined in subsection
3, the Department of Labor shall make a redetermination of eligibility based on a base
period that consists of the last 4 completed calendar quarters immediately preceding the
first day of the individual's benefit year. This base period is known as the "alternate base
period." If wage information for the most recent quarter of the alternate base period is not
available to the department from regular quarterly reports of wage information that is
systematically accessible, the department shall gather the necessary data in accordance with
rules established for this purpose.
If the department receives information from the employer that causes a revised monetary
determination under this subsection, benefits received prior to that revision may not
constitute an overpayment of benefits provided as long as the claimant did not knowingly
misrepresent information requested by the department.
Wages that fall within the base period of claims established under this subsection are not
available for reuse in qualifying for any subsequent benefit years under section 1192
1192-A.
In the case of a combined-wage claim pursuant to the arrangement approved by the United
States Secretary of Labor in accordance with section 1082, subsection 12, the base period
is that base period applicable under the unemployment compensation law of the paying
state.
Sec. 2. 26 MRSA §1043, sub-§5, ¶B, as amended by PL 2009, c. 271, §1, is
repealed.
Sec. 3. 26 MRSA §1043, sub-§19, ¶B, as amended by PL 2017, c. 117, §3, is
further amended to read:
APPROVED
JUNE 10, 2025
BY GOVERNOR
CHAPTER
235
PUBLIC LAW
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B. For purposes of section 1191, subsection 2, ; section 1192, subsection 5 1192-A,
subsection 2, paragraph F; and section 1221, the term "wages" does not include:
(1) The amount of any payment, including any amount paid by an employer for
insurance or annuities, or into a fund, to provide for any such payment, made to,
or on behalf of, an employee or any of the employee's dependents under a plan or
system established by an employer that makes provision for the employer's
employees generally, or for the employer's employees generally and their
dependents, or for a class or classes of the employer's employees, or for a class or
classes of the employer's employees and their dependents, on account of:
(a) Sickness or accident disability, but, in the case of payments made to an
employee or any of the employee's dependents, this subparagraph excludes
from the term "wages" only payments that are received under a workers'
compensation law;
(b) Medical or hospitalization expenses in connection with sickness or
accident disability; or
(c) Death;
(1-A) Any payment on account of sickness or accident disability, or medical or
hospitalization expenses in connection with sickness or accident disability, made
by an employer or a 3rd party to, or on behalf of, an employee after the expiration
of 6 calendar months following the last calendar month in which the employee
worked for that employer;
(2) The payment by an employing unit, without deduction from the remuneration
of the employee, of the tax imposed upon an employee under section 3101 of the
Federal Insurance Contributions Act, as amended, with respect to service
performed after July 26, 1940, with respect to remuneration paid to an employee
for domestic service in a private home of the employer or for agricultural labor;
(3) The amount of any payment, other than vacation or sick pay, to an individual
after the month in which the individual attains the age of 62, if the individual did
not perform services for the employing unit in the period for which such payment
is made and is not expected to perform service in the future for the payment; or
(4) The amount of any nominal fee or stipend to a volunteer whose service is
excluded from the definition of employment pursuant to subsection 11, paragraph
F, subparagraph (35);
Sec. 4. 26 MRSA §1051, sub-§1, as amended by PL 2011, c. 645, §1, is further
amended to read:
1. False statement or representation. A person is guilty of unemployment fraud if
that person makes a false statement or representation knowing it to be false or knowingly
fails to disclose a material fact or solicits another person to make a false statement knowing
it to be false or knowingly solicits another person to fail to disclose a material fact:
A. To obtain or increase any benefit or other payment under this chapter or under an
employment security law of any other state or of the Federal Government;
B. To prevent or reduce the payment of unemployment benefits to any individual;
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C. To avoid becoming or remaining an employer under this chapter; or
D. To avoid or reduce any contribution or other payment required from an employing
unit under this chapter.
Each false statement or representation or failure to disclose a material fact constitutes a
separate offense. Unemployment fraud is theft by deception under Title 17‑A, section 354.
Sec. 5. 26 MRSA §1051, sub-§6, ¶C, as enacted by PL 1997, c. 434, §1, is
amended by amending subparagraph (4) to read:
(4) Upon receipt of an order to withhold issued by the Department of Labor, the
employer or other payor shall immediately begin withholding from the income of
the responsible individual 10% of gross wages, except that the amount withheld
may not exceed an amount by which the individual's disposable earnings are
reduced to a weekly equivalent of 40 times the federal state hourly minimum wage
prescribed by 29 United States Code, Section 206(a)(1) section 664, subsection 1.
Sums withheld must be remitted to the Department of Labor within 10 days of the
date the individual is paid. Any person who honors an order to withhold issued
under this section is discharged from any liability or obligation to the individual
for the amount of the wages withheld.
Sec. 6. 26 MRSA §1051, sub-§10, as enacted by PL 1999, c. 464, §4, is amended
to read:
10. Application of benefit repayments. Amounts received through any means to
repay benefit payments owed to the commissioner must be applied first to any outstanding
penalties, 2nd to any outstanding interest and 3rd to any benefit payments owed to the
commissioner, except that if the repayment of benefit amounts owed to the commissioner
is accomplished by offsetting subsequent benefit payments issued under this chapter, that
repayment may be applied only to the principal amount.
Sec. 7. 26 MRSA §1082, sub-§1, as amended by PL 2021, c. 456, §8, is further
amended to read:
1. Powers and duties of the commissioner. Except as otherwise provided, it is the
duty of the commissioner to administer this chapter, through an organization to be known
as the Bureau of Unemployment Compensation. The commissioner may employ persons,
make expenditures, require reports, make investigations and take other actions the
commissioner determines necessary or suitable to that end. The commissioner is
responsible and possesses the necessary authority for the operation and management of the
Bureau of Unemployment Compensation. The commissioner shall determine methods of
operational procedures in accordance with the provisions of this chapter. The
commissioner may adopt rules in accordance with the Maine Administrative Procedure
Act, Title 5, chapter 375, to achieve this purpose. The commissioner may adopt rules with
respect to a self-employment assistance program as provided in section 1197. The
commissioner shall determine methods of operational procedures in accordance with the
provisions of this chapter and by the Maine Administrative Procedure Act, Title 5, chapter
375. The commissioner shall make recommendations for amendments to this chapter that
the commissioner determines proper. When the commissioner believes that a change in
contribution or benefit rates is necessary to protect the solvency of the fund, the
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commissioner shall promptly inform the Governor and the Legislature and make
recommendations with respect to the change in rates.
Sec. 8. 26 MRSA §1085, sub-§1, ¶A, as enacted by PL 2019, c. 644, §4, is
amended by amending subparagraph (3) to read:
(3) An employee of the bureau who has or will be given access to federal tax
information as part of that employee's employment with the bureau and has not
undergone a federal background investigation within the past 10 5 years; or
Sec. 9. 26 MRSA §1191, sub-§4, ¶A, as amended by PL 2009, c. 271, §2, is further
amended to read:
A. If a dislocated worker, as defined in section 1196, subsection 1, who is in training
approved under section 1192, subsection 6, 6‑A, 6‑C, 6‑D or 6‑E qualifies for
additional benefits under section 1043, subsection 5, paragraph B 1196, subsection
1-A, or exhausts the worker's entitlement to benefits available to the worker under this
subsection, the maximum amount under this subsection is the product of the worker's
most recent weekly benefit amount multiplied by the number of weeks in which the
worker thereafter attends an approved training program. No An increase may not be
made under this paragraph, with respect to any benefit period, greater than 26 times the
individual's weekly benefit amount.
(1) Benefits paid to an individual under this paragraph may not be charged against
the experience rating record of any employer, but must be charged to the General
Fund.
(2) No benefits Benefits may not be paid under this paragraph to any person an
individual:
(b) Until the person individual has exhausted benefits for which the person
individual is eligible under any an unemployment insurance benefit program
funded in whole or in part by the State Government or the Federal Government;
or
(c) Who is eligible for or who has exhausted, after the effective date of this
paragraph March 20, 1986, trade adjustment allowances as provided by the
United States Trade Act of 1974, Title II, Chapter 2, Public Law 93-617, 19
United States Code, Title 19, Section 2291, et seq. to 2294, and any
amendments or additions thereto, or a similar successor provision of that Act,
except that any individual who was eligible for and received less than 26 weeks
of benefits under the United States Trade Act of 1974 may receive benefits for
the number of weeks by which their that individual's benefits under that Act
are less than 26 weeks.
Sec. 10. 26 MRSA §1192, as corrected by RR 2023, c. 2, Pt. E, §§89 to 92, is
repealed.
Sec. 11. 26 MRSA §1192-A is enacted to read:
§1192-A. Eligibility conditions
The following provisions govern an individual's eligibility to receive benefits under
this chapter.
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1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Deputy" means a representative of the bureau designated by the commissioner.
B. "Educational service agency" means a governmental agency or governmental entity
that is established and operated exclusively for the purpose of providing services to one
or more educational institutions.
C. "Good cause" means:
(1) The unemployed individual is ill;
(2) The presence of the unemployed individual is required due to an illness of the
unemployed individual's spouse, child, parent, stepparent, sibling or relative who
has been acting in the capacity of a parent of either the unemployed individual or
the unemployed individual's spouse;
(3) The unemployed individual is in attendance at the funeral of any of the persons
described in subparagraph (2);
(4) The unemployed individual is observing a religious holiday as required by
religious conviction;
(5) The unemployed individual is performing either a military or civil duty as
required by law; and
(6) Another cause of a necessitous and compelling nature, including child care
emergencies and transportation emergencies.
"Good cause" does not include incarceration as a result of a conviction for a felony or
misdemeanor.
D. "Suitable employment" means, with respect to an individual, work of a substantially
equal or higher skill level than the individual's past adversely affected employment, as
defined for purposes of the United States Trade Act of 1974, and wages for that work
at not less than 80% of the individual's average weekly wage as determined for the
purposes of the United States Trade Act of 1974.
E. "Union hiring hall" means a service provided by a labor union or an entity associated
with a labor union that places employees with an employer under a collective
bargaining agreement or otherwise places employees with employers.
2. Eligibility. An unemployed individual is eligible to receive benefits with respect to
any week only if:
A. The individual has made a claim for benefits with respect to the week or part thereof
in accordance with rules adopted by the commissioner;
B. The individual has registered for work at and continued to report at an employment
office in accordance with rules the commissioner adopts, except that the commissioner
may, by rule, waive or alter either or both of the requirements of this paragraph as to
individuals attached to regular jobs and as to such other types of cases or situations
with respect to which the commissioner finds that compliance with the requirements
would be oppressive or would be inconsistent with the purposes of this chapter. A rule
under this paragraph may not conflict with section 1191, subsection 1;
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C. For each week in which a claim for benefits is filed, the individual is actively
seeking work, unless the individual is participating in approved training under
subsection 3 or the work search requirement has been waived in accordance with rules
adopted by the commissioner, and the individual provides evidence of work search
efforts in a manner and form as prescribed by the Department of Labor. Failure to
provide required work search documentation results in a denial of benefits in
accordance with section 1194, subsection 2 for the week or weeks for which
documentation was not provided unless the department determines there is good cause
for the individual's failure to comply with this requirement.
Notwithstanding any provision of this paragraph to the contrary, an individual is
considered to be actively seeking work in accordance with this section if the individual
is a member of, or represented by, a bona fide labor union, or is otherwise authorized
to use the services of a bona fide union hiring hall, maintains contact with that union
and uses and complies with the placement services of the union hiring hall in seeking
work;
D. The individual is able to work and is available for work at the individual's usual or
customary hours, commute, trade, occupation, profession or business or in such other
trade, occupation, profession or business for which the individual's prior training or
experience shows the individual to be fitted or qualified, and in addition to having
complied with paragraphs B and C, is actively seeking work in accordance with the
rules of the commissioner.
Ineligibility may not be determined solely because an individual is unable to accept
employment on a shift, the greater part of which falls between the hours of midnight to
5 a.m., and is unavailable for that employment because of parental obligation, the need
to care for an immediate family member or the unavailability of a personal care
attendant required to assist the unemployed individual who is a person with a disability.
An unemployed individual who is neither able nor available for work due to good cause
as determined by the deputy is eligible to receive prorated benefits for that portion of
the week during which the individual was able and is available.
Notwithstanding this paragraph, an individual who worked full-time for the majority
of the weeks during that individual's base period but is able and available for and
actively seeking only part-time work because of the illness or disability of the
individual or an immediate family member, or because of limitations necessary for the
safety or protection of the individual or the individual's immediate family member,
may not be disqualified from receiving benefits. The individual's benefits must be
prorated in accordance with the individual's current availability;
E. The individual has served a waiting period of one week of total or partial
unemployment. A week may not be counted as a week of total or partial unemployment
for the purpose of this paragraph:
(1) If benefits have been paid with respect to that week;
(2) Unless it occurs within the benefit year that includes the week with respect to
which the individual claims payment of benefits; and
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(3) Unless the individual was eligible for benefits with respect to that week, as
provided in this section and section 1193, except for the requirements of this
paragraph; and
F. For an individual establishing a benefit year on or after January 1, 1980, the
individual has been paid wages equal to or exceeding 2 times the annual average
weekly wage for insured work in each of 2 different quarters in the individual's base
period and has been paid total wages equal to or exceeding 6 times the annual average
weekly wage in the individual's base period for insured work.
For the purposes of this paragraph, the annual average weekly wage amount to be used
is that which is applicable at the time the individual files a request for determination of
insured status.
For the purposes of this paragraph, wages are counted as "wages for insured work" for
benefit purposes with respect to a benefit year only if the benefit year begins
subsequent to the date on which the employer by whom such wages were paid has
satisfied the conditions of section 1043, subsection 9, or section 1222, subsection 3,
with respect to becoming an employer; except that an individual may not receive
benefits in a benefit year unless, subsequent to the beginning of the next preceding
benefit year during which that individual received benefits, that individual performed
services and earned remuneration for such services in an amount equal to or greater
than 8 times that individual's weekly benefit amount in employment by an employer in
the benefit year being established.
This paragraph applies only to an individual requesting determination of insured status
on and after January 1, 1972. In determining an individual's qualification under this
subsection, payments pursuant to former Title 39, sections 54, 55, 188 and 189 and
Title 39-A, sections 608 and 609 are considered wages for insured work.
3. Approved training. Notwithstanding any provision of this chapter to the contrary,
an otherwise eligible individual who is in training, as approved for the individual by the
deputy, under rules adopted by the commissioner, may not be denied benefits for any week
with respect to subsection 2, paragraphs C and D relating to availability and the work search
requirement or section 1193, subsection 3. Enrollment in a degree-granting program may
not be the sole cause for denial of approved training status for an otherwise eligible
individual. Benefits paid to any eligible individual while in approved training for which
except for this subsection the individual could be disqualified under section 1193,
subsection 3 may not be charged against the experience rating record of an employer but
must be charged to the General Fund.
Notwithstanding any provision of this chapter to the contrary, the following provisions
further govern an individual's eligibility for benefits with respect to training:
A. Any otherwise eligible individual may not be denied benefits for any week because
the individual is in training approved under 19 United States Code, Section 2296(a) or
under any amendment or addition to the United States Trade Act of 1974. That
individual may not be denied benefits:
(1) For leaving work to enter that training, as long as the work left is not suitable
employment; or
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(2) Because of the application to any such week in training of provisions in this
chapter or any applicable federal unemployment compensation law relating to
availability for work, active search for work or refusal to accept work.
Benefits paid to an eligible individual while in training for which, except for this
paragraph, the individual could be disqualified under section 1193, subsection 1 or 3
may not be charged against the experience rating record of an employer but must be
charged to the General Fund;
B. The acceptance of training for opportunities available through United States Public
Law 97-300 is considered to be acceptance of training with the approval of the State
within the meaning of any other provisions of federal or state law relating to
unemployment benefits;
C. The acceptance of training for opportunities available under sections 2031 and 2033
is considered to be acceptance of training with state approval under federal or state law
relating to unemployment benefits; and
D. Unless inconsistent with federal law, the acceptance of training opportunities
available through the federal Workforce Innovation and Opportunity Act, 29 United
States Code, Sections 3101 to 3361 is considered to be acceptance of training with the
approval of the State within the meaning of any other provision of federal or state law
relating to unemployment benefits as long as the training is in accordance with rules
the commissioner adopts.
4. Service with nonprofit organizations and educational institutions and state and
local governments. Benefits based on service in employment, as defined in section 1043,
subsection 11, paragraph A-1, subparagraphs (1) and (3), are payable in the same amount,
on the same terms and subject to the same conditions as benefits payable on the basis of
other services subject to this chapter, except that:
A. With respect to weeks of unemployment beginning after December 31, 1977, for
services in an instructional, research or principal administrative capacity for an
educational institution, if there is a contract or annual written reasonable assurance that
the individual will perform services in such a capacity for the educational institution in
a 2nd academic year or term, benefits may not be paid to an individual based on those
services for any week of unemployment:
(1) Commencing during the period between 2 successive academic years or terms;
(2) During a period, similar to the period described in subparagraph 1, between 2
regular, but not successive, terms when provided for by an agreement; or
(3) During a period of paid sabbatical leave provided for in an individual's contract,
if that individual performs services in a first academic year or term;
B. With respect to weeks of unemployment beginning after September 3, 1982, for
services for an educational institution in any capacity other than an instructional,
research or principal administrative capacity, benefits may not be paid on the basis of
those services to an individual for any week that commences during a period between
2 successive academic years or terms if the individual performs those services in the
first of those academic years or terms and there is annual written reasonable assurance
that the individual will perform the services in the 2nd of those academic years or
terms; except that if benefits are denied to an individual under this paragraph and the
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individual was not offered an opportunity to perform the services for the educational
institution for the 2nd of those academic years or terms, the individual is entitled to a
retroactive payment of benefits for each week for which the individual filed a timely
claim for benefits and for which benefits were denied solely by reason of this
paragraph;
C. With respect to weeks of unemployment beginning after December 31, 1977,
benefits must be denied to an individual for any week that commences during an
established and customary vacation period or holiday recess if:
(1) That individual performs a service described in paragraph A or B in the period
immediately before the vacation period or holiday recess; and
(2) There is annual written reasonable assurance that the individual will perform
those services in the period immediately following the vacation period or holiday
recess; and
D. With respect to weeks of unemployment beginning after June 30, 1979, benefits
must be denied to an individual who performed services in an educational institution
while in the employ of an educational service agency for any week that commences
during a period described in paragraph A, B or C if:
(1) That individual performs a service described in paragraph A or B in the first of
these periods, as specified in the applicable paragraph; and
(2) There is a contract or a written reasonable assurance as set out in the applicable
paragraph that the individual will perform these services in the 2nd of those
periods, as set out in the applicable paragraph.
5. Claims in another state or contiguous country; individual residence; no denial
or reduction of benefits. Benefits may not be denied or reduced to an individual solely
because the individual files a claim in another state or a contiguous country with which the
United States has an agreement with respect to unemployment compensation or because
the individual resides in another state or contiguous country at the time the individual files
a claim for benefits in this State.
6. No denial of benefits for jury service. Benefits may not be denied to an individual
solely because the individual is selected to serve as a juror. An individual who receives
actual earnings for jury service must be paid a partial benefit in an amount equal to the
individual's weekly benefit amount less the amount earned for jury service.
7. Benefit payments to athletes. Benefits may not be paid to an individual on the
basis of any service, substantially all of which consists of participating in sports or athletic
events or training or preparing to participate, for any week that commences during the
period between 2 successive sports seasons or similar periods, if that individual performed
those services in the first of those seasons or similar periods and there is a written
reasonable assurance that the individual will perform those services in the 2nd of those
seasons or similar periods.
8. Benefit payments to aliens not lawfully present. On and after January 1, 1978,
benefits are not payable on the basis of services performed by an alien unless the alien is
an individual who:
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A. Was lawfully admitted for permanent residence in the State at the time the services
were performed;
B. Was lawfully present for purposes of performing the services; or
C. Was permanently residing in the United States under color of law at the time the
services were performed, including an alien who was lawfully present in the United
States as a result of temporary parole pursuant to the Immigration and Nationality Act,
8 United States Code, Section 1182(d)(5).
Any data or information required of individuals applying for benefits to determine whether
benefits are not payable to them because of their alien status must be uniformly required
from all applicants for benefits. In the case of an individual whose application for benefits
would otherwise be approved, a determination that benefits to the individual are not payable
because of the individual's alien status may not be made except upon a preponderance of
the evidence.
9. Participation in reemployment services. An individual who has been referred to
reemployment services pursuant to a profiling system established by the commissioner
must participate in those services or similar services unless it is determined that the
individual has completed those services or there is good cause for the individual's failure
to participate.
10. Reemployment services and eligibility assessment; participation. In the case
that an individual has been referred to reemployment services and eligibility assessment by
the Department of Labor, the individual must participate in those services, unless the
department determines there is good cause for the individual's failure to participate. Failure
to participate in reemployment services and eligibility assessment without good cause
results in a denial of benefits until the individual participates.
11. Temporary layoff; work search. Notwithstanding any provision of this chapter
to the contrary, an otherwise eligible individual who is temporarily laid off by an employer
that has given that individual a definite recall date may not be denied benefits for any week
that is within 6 weeks of the definite recall date based on the individual's failure to meet
the requirements of subsection 1, paragraph B, C or D for the period of up to 6 weeks during
that temporary layoff, as long as the individual remains able and available to work for that
employer.
An individual may not receive more than 6 weeks of benefits in a benefit year pursuant to
this subsection unless approved by the Department of Labor.
Sec. 12. 26 MRSA §1193, sub-§6, as amended by PL 2013, c. 314, §2, is repealed
and the following enacted in its place:
6. Falsification. For any week for which the deputy finds that the individual made a
false statement or representation knowing it to be false or knowingly failed to disclose a
material fact in the individual's application or solicited another person to make a false
statement knowing it to be false or fail to disclose a material fact to obtain benefits from
any state or federal unemployment compensation program administered by the bureau. In
addition, for a first or 2nd occurrence, the individual is ineligible to receive any benefits
for a period of not less than 6 months and not more than one year from the mailing date of
the determination, and the commissioner shall assess a penalty of 50% of the benefits
falsely obtained for the first occurrence and 75% for the 2nd occurrence. If an individual
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is disqualified for a 3rd occurrence of statement falsification or misrepresentation in an
effort to obtain benefits, the commissioner shall assess a penalty of 100% of the benefits
falsely obtained and the individual is disqualified from receiving benefits for a period of
time to be determined by the commissioner. The progression of penalties for multiple
occurrences described in this subsection does not apply and an occurrence of fraud must
be treated as a 3rd occurrence if:
A. A claim for benefits is the result of fraudulent filing using illegally obtained identity
information. Such claims may be canceled immediately by the bureau upon
confirmation of the fraudulent filing; or
B. An individual is found to have filed a claim to obtain benefits from any state or
federal unemployment compensation program administered by the bureau in the name
of another person using illegally obtained identity information.
An amount equal to 15% of each overpayment on which the penalties under this subsection
were assessed must be transferred directly into the fund account upon recovery;
Sec. 13. 26 MRSA §1194, sub-§2, as amended by PL 2023, c. 53, §§3 and 4, is
further amended to read:
2. Determination. A representative designated by the commissioner, and in this
chapter referred to as a deputy, shall promptly examine the first claim filed by a claimant
in each benefit year and shall determine the weekly benefit amount and maximum benefit
amount potentially payable to the claimant during that benefit year in accordance with
section 1192, subsection 5 1192-A, subsection 2, paragraph F.
The deputy shall promptly examine all subsequent claims filed and, on the basis of facts,
shall determine whether or not that claim is valid with respect to sections 1192 1192-A and
1193, other than section 1192, subsection 5 1192-A, subsection 2, paragraph F, or shall
refer that claim or any question involved in the claim to the Division of Administrative
Hearings or to the commission, which shall make a determination with respect to the claim
in accordance with the procedure described in subsection 3, except that in any case in which
the payment or denial of benefits is subject to section 1193, subsection 4, the deputy shall
promptly transmit a report with respect to that subsection to the Director of Unemployment
Compensation upon the basis of which the director shall notify appropriate deputies as to
the applicability of that subsection.
The deputy shall determine in accordance with section 1221, subsection 3, paragraph A,
the proper employer's experience rating record, if any, against which benefits of an eligible
individual must be charged, if and when paid.
The deputy shall promptly notify the claimant and any other interested party of the
determinations and reasons for the determinations. Subject to subsection 11, unless the
claimant or any such interested party, within 30 calendar days after that notification was
mailed to the claimant's last known last-known address, files an appeal from that
determination, that determination is final, except that the period within which an appeal
may be filed may be extended, for a period not to exceed an additional 30 calendar days,
for good cause shown. If new evidence or pertinent facts that would alter that determination
become known to the deputy prior to the date that determination becomes final, a
redetermination is authorized, but that redetermination must be mailed before the original
determination becomes final.
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If an employer's separation report for an employee is not received by the office specified
on the separation report within 10 days after that report was requested, the claim must be
adjudicated on the basis of information at hand. If the employer's separation report
containing possible disqualifying information is received after the 10-day period and the
claimant is denied benefits by a revised deputy's decision, benefits paid prior to the date of
the revised decision do not constitute an overpayment of benefits. Any benefits paid after
the date of the revised decision constitute an overpayment.
If an employer files an amended separation report or otherwise raises a new issue as to the
employee's eligibility or changes the wages or weeks used in determining benefits that
results in a denial of benefits or a reduction of the weekly benefit amount, the benefits paid
prior to the date the determination is mailed do not constitute an overpayment. Any benefits
received after that date to which the claimant is not entitled pursuant to a new determination
based on that new employer information constitute an overpayment.
If, during the period a claimant is receiving benefits, new information or a new issue arises
concerning the claimant's eligibility for benefits or which affects the claimant's weekly
benefit amount, benefits may not be withheld until a determination is made on the issue.
Before a determination is made, written notice must be mailed to the claimant and other
interested parties, which must include the issue to be decided, the law upon which it is
based, any factual allegations known to the bureau, the right to a fact-finding interview, the
date and location of the scheduled interview and the conduct of the interview and appeal.
Any fact-finding interview must be scheduled not less than 7 calendar days nor more than
14 calendar days after the notice is mailed. The bureau shall include in the notice a
statement notifying the claimant that any benefits paid prior to the determination may be
an overpayment under applicable law and recoverable by the bureau if it is later determined
that the claimant was not entitled to the benefits. If the claimant does not appear for the
scheduled interview, the deputy shall make a determination on the basis of available
evidence. The deputy shall make a prompt determination of the issue based solely on any
written statements of interested parties filed with the bureau before the interview, together
with the evidence presented by interested parties who personally participated in the
interview by telephone or e-mail or other electronic means. Upon request and notice to all
parties at the interview, the deputy may accept corroborative documentary evidence after
the interview. In no other case may the deputy base a decision on evidence received after
the interview has been held.
A. This subsection does not apply when the claimant reports that, in the week claimed:
(1) The claimant worked and reports a specific amount of earnings for that work;
(2) The claimant worked and had earnings from that work, but does not furnish
the amount of earnings;
(3) The claimant reports that the claimant was not able or available for work for a
specific portion of the week and there is sufficient information for the deputy to
determine that the inability or unavailability for work was for good cause. If the
information provided by the claimant indicated unavailability during the claim
week, but is not specific as to the amount of time involved, the department
Department of Labor shall immediately initiate a fact-finding interview with the
individual and make a determination regarding the claimant's weekly benefit
amount on the basis of that interview. If the department is not able to conduct an
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immediate fact-finding interview with the claimant, the notification and fact-
finding process described in this subsection must be followed; or
(4) The claimant received a specific amount of other remuneration as described in
section 1193, subsection 5.;
(5) The claimant reported that the claimant did not complete a work search activity
for that week, and that week was not under a work search waiver approved by the
bureau;
(6) The claimant failed to respond to or failed to provide sufficient documentation
to satisfy a written request for documentation to verify the claimant's identity as
listed on an initial claim within the time frame specified by the bureau; or
(7) The claimant's total or partial unemployment is due to a stoppage of work as
described in section 1193, subsection 4.
The bureau may not withhold benefit payments pursuant to subparagraph (6) for
claimants receiving benefit payments unless the bureau has credible evidence on the
record that substantiates a reasonable basis for establishing an issue of potential fraud
and withholding payment. If there is such evidence, the bureau shall issue timely notice
to the claimant informing the claimant that benefit payments are withheld and include
with that notice instructions for how the claimant may satisfy identity verification
requirements and how to submit those documents to the bureau. The notice must give
a reasonable time frame for submitting documents and describe the consequences for
failing to provide documentation, as well as the claimants' appeal and hearing rights.
The bureau shall allow individuals a reasonable time frame to submit documents that
comply with an identity verification request and provide a list of acceptable documents
and alternatives. The bureau shall also allow multiple means by which a claimant may
submit documents for identity verification. If the claimant fails to comply with the
request for documents in the time frame allowed or the documents provided are
insufficient or determined to be fraudulent, the bureau shall render a timely decision
denying further benefits.
Sec. 14. 26 MRSA §1194, sub-§10, as amended by PL 1987, c. 641, §12, is further
amended by amending the first blocked paragraph to read:
The deputy may reconsider a benefit payment for any particular week or weeks whenever
an error has occurred, but no such redetermination may be made after one year from the
date of payment for that week or weeks. Notice of any such redetermination shall must be
promptly given to the claimant. Subject to subsection 11, unless the claimant files an
appeal from that redetermination within 15 30 calendar days after that redetermination was
mailed to the claimant's last known last-known address, the redetermination shall be is
final, provided except that the period within which an appeal may be filed may be extended
for a period not to exceed an additional 15 30 calendar days for good cause shown.
Sec. 15. 26 MRSA §1195, sub-§1, ¶A, as corrected by RR 2023, c. 2, Pt. E, §95,
is amended by amending subparagraph (2) to read:
(2) The individual's benefit year having expired prior to that week, has no or
insufficient wages or employment, or both, to establish a new benefit year or,
subsequent to December 31, 1971, the individual does not qualify by having
sufficient wages or employment, or both, as provided by section 1192, subsection
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5 1192-A, subsection 2, paragraph F, since the beginning of the individual's prior
benefit year; and
Sec. 16. 26 MRSA §1196, as corrected by RR 2023, c. 2, Pt. E, §106, is amended
to read:
§1196. Extended benefits for dislocated workers in approved training; sunset and
review annual report
1. Dislocated worker defined. As used in this section; section 1043, subsection 5,
paragraph B; and section 1191, subsection 4, paragraph A, the term "dislocated worker"
means an individual who is in training as approved by the deputy, under rules adopted by
the commissioner, and:
A. An individual who:
(1) Has been terminated or laid off from employment as a result of a reduction of
operations at the individual's place of employment or who has received a notice of
termination or layoff from employment;
B. An individual who has been terminated or who has received a notice of termination
of employment, as a result of any permanent closure of a plant or facility; or
C. An individual who is long-term unemployed and has limited opportunities for
employment or reemployment in the same or a similar occupation in the area in which
the individual resides, including any older individual who may have substantial barriers
to employment because of the individual's age.
For the purposes of this section, "deputy" has the same meaning as in section 1192-A,
subsection 1, paragraph A.
1-A. Extended benefits for dislocated workers. A dislocated worker who has
exhausted the worker's benefit year within 30 months of the worker's enrollment in training
described in subsection 1 is entitled to the product of the worker's most recent weekly
benefit amount multiplied by the number of weeks in which that person is in approved
training, up to a maximum of 26 weeks, except that benefits may not be paid under this
subsection to a person:
A. Until the person has exhausted benefits for which that person is eligible under any
unemployment insurance benefit program funded in whole or in part by the State or the
Federal Government; or
B. Who is eligible for or who has exhausted, after March 20, 1986, trade adjustment
allowances as provided by the United States Trade Act of 1974, 19 United States Code,
Sections 2291 to 2294 and any amendments or additions thereto, or a similar successor
provision of that Act, except that any individual who was eligible for and received less
than 26 weeks of benefits under that Act may receive benefits for the number of weeks
by which the individual's benefits under that Act are less than 26 weeks.
2. Annual report. The Commissioner of Labor commissioner shall report to the joint
standing committee of the Legislature having jurisdiction over labor matters before March
1st of each year regarding the actions taken under section 1043, subsection 5, paragraph B,
subsection 1-A and section 1191, subsection 4, paragraph A. The report shall must include:
A. The number of persons who receive benefits under those provisions;
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B. The average length of time in training for persons who receive benefits under those
provisions;
C. The average weekly benefit and average total amount of benefits paid to persons
under those provisions;
D. The success rate in placing trainees who receive benefits under those provisions;
E. The total cost of benefits paid under those provisions and the effect on the
Unemployment Trust Fund; and
F. The number of persons participating in training while receiving extended
unemployment benefits under those provisions during the report year who have
previously completed a training program while receiving extended unemployment
benefits under those provisions, including the length of time between those
enrollments.
Sec. 17. 26 MRSA §1197, as amended by PL 2021, c. 456, §30, is repealed.
Sec. 18. 26 MRSA §1198, sub-§10, as enacted by PL 2011, c. 91, §1 and affected
by §3, is amended to read:
10. Extended benefits for dislocated workers. An individual who has received all
of the unemployment compensation or combined unemployment compensation and work-
sharing benefits available in a benefit year is considered an exhaustee for purposes of
extended benefits, as provided in section 1043, subsection 5, paragraph B 1196, subsection
1-A, and, if otherwise eligible under that paragraph subsection, is eligible to receive
extended benefits.
Sec. 19. 26 MRSA §1199, sub-§2, as enacted by PL 2019, c. 617, Pt. B, §1, is
amended to read:
2. Eligibility. An individual is deemed to have met the eligibility requirements under
section 1192, subsections 2 and 3 1192-A, subsection 2, paragraphs B, C and D as long as
the individual remains able and available to work for, and maintains contact with, the
relevant employer and the individual is:
A. Under a temporary medical quarantine or isolation restriction to ensure that the
individual has not been affected by the subject condition of the state of emergency and
is expected to return to work; or
B. Temporarily laid off due to a partial or full closure of the individual's place of
employment as a result of the state of emergency and is expected to return to work once
the emergency closure is lifted.
Sec. 20. 26 MRSA §1199, sub-§3, as enacted by PL 2019, c. 617, Pt. B, §1, is
amended to read:
3. Waiting period waived. The waiting period requirement under section 1192,
subsection 4‑A 1192-A, subsection 2, paragraph E is waived for an individual who is
dislocated or temporarily laid off as a result of the state of emergency.
Sec. 21. 26 MRSA §1221, sub-§3, ¶A, as amended by PL 2019, c. 585, §1, is
further amended by amending subparagraph (5) to read:
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(5) Reimbursements are made to a state, the Virgin Islands or Canada for benefits
paid to a claimant under a reciprocal benefits arrangement as authorized in section
1082, subsection 12, as long as the wages of the claimant transferred to the other
state, the Virgin Islands or Canada under such an arrangement are less than the
amount of wages for insured work required for benefit purposes by section 1192,
subsection 5 1192-A, subsection 2, paragraph F;
Sec. 22. 26 MRSA §1221-A, sub-§3, as enacted by PL 1991, c. 468, §3 and
affected by §6, is amended to read:
3. Reporting requirements. The Until January 1, 2026, the employee leasing
company shall report and pay all contributions under its state employer identification
number, using its the employee leasing company's contribution rate. Beginning January 1,
2026, the employee leasing company shall report and pay all contributions under the client
company’s state employer identification number using the client company’s contribution
rate. The employee leasing company shall keep separate records and submit separate
quarterly wage reports for each of its client companies to the bureau.
Sec. 23. 32 MRSA §14055, sub-§3, as amended by PL 1995, c. 560, Pt. G, §18, is
further amended to read:
3. Unemployment insurance. An employee leasing company's responsibility for
unemployment insurance is governed by Title 26, section 1221‑A and as follows.
A. During the term of the leasing arrangement, the employee leasing company is
responsible for payment of unemployment contributions, penalties and interest due
pursuant to Title 26, chapter 13 on wages paid to employees leased to client companies,
except for compensation paid to sole proprietors of or partners in the client company.
B. The employee leasing company shall report all unemployment contributions due
under its state employer identification number, using its contribution rate. The
employee leasing company shall keep separate records and submit separate quarterly
wage reports to the Bureau of Unemployment Compensation for each of its client
companies.