How does the ACF relate to the Family Medical Leave Act?
The ACF is separate from both the Maine and federal Family Medical Leave Acts. The ACF makes a reference to these laws, however, when it states that “[f]or purposes of applying family medical leave requirements, the employer shall treat leave under this section in the same manner as the employer treats leave for a sick employee.” This section of the legislation is particularly ambiguous. Those who participated in the legislative process have suggested that the intent of this section was to allow employers to count paid ACF leave toward the employee’s FMLA allotment, even if the illness does not constitute a “serious health condition.” It is possible that courts will interpret the ACF in this fashion with respect to the Maine family medical leave law, which provides for up to ten weeks of unpaid leave in a two year period. The Maine Legislature lacks authority, however, to amend an Act of Congress. Therefore, an employer may not count leave taken for an ill family member toward the fede
