Maine § 26 §682 Definitions

Maine Statutes

§ 26 §682 — Definitions

Maine·Title 26 LABOR AND INDUSTRY·Ch. 7 EMPLOYMENT PRACTICES

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1.Applicant. "Applicant" means any person seeking employment from an employer. "Applicant" includes any person using an employment agency's services.

2.Employee. "Employee" means a person who is permitted, required or directed by any employer to engage in any employment for consideration of direct gain or profit. A person separated from employment while receiving a mandated benefit, including but not limited to workers' compensation, unemployment compensation and family medical leave, is an employee for the period the person receives the benefit and for a minimum of 30 days beyond the termination of the benefit. A person separated from employment while receiving a nonmanda

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As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
1.
Applicant.
"Applicant" means any person seeking employment from an employer. "Applicant" includes any person using an employment agency's services.
2.
Employee.
"Employee" means a person who is permitted, required or directed by any employer to engage in any employment for consideration of direct gain or profit. A person separated from employment while receiving a mandated benefit, including but not limited to workers' compensation, unemployment compensation and family medical leave, is an employee for the period the person receives the benefit and for a minimum of 30 days beyond the termination of the benefit. A person separated from employment while receiving a nonmandated benefit is an employee for a minimum of 30 days beyond the separation.
3.
Employer.
"Employer" means any person, partnership, corporation, association or other legal entity, public or private, that employs one or more employees. "Employer" also includes an employment agency.
3-A.
Medically disqualified.
"Medically disqualified" means that an employee is prohibited by a federal law or regulation, or any rules adopted by the State's Department of Public Safety that incorporate any federal laws or regulations related to substance use testing for motor carriers, from continuing in the employee's former employment position due to the result of a substance use test conducted under the federal law or regulation or the Department of Public Safety rule.
4.
Negative test result.
"Negative test result" means a test result that indicates that:
5.
Positive test result.
"Positive test result" means a test result that indicates the presence of a substance in the tested sample above the cutoff level of the test.
6.
Probable cause.
"Probable cause" means a reasonable ground for belief in the existence of facts that induce a person to believe that an employee may be under the influence of a substance, provided that the existence of probable cause may not be based exclusively on any of the following:
7.
Substance use test.
"Substance use test" means any test procedure designed to take and analyze body fluids or materials from the body for the purpose of detecting the presence of substances. "Substance use test" does not include tests designed to determine blood-alcohol concentration levels from a sample of an individual's breath.
8.
Substance.
"Substance" means any scheduled drug, alcohol or other drug, or any of their metabolites.

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Legislative History

PL 1989, c. 536, §§1,2 (NEW). PL 1989, c. 604, §§2,3 (AMD). PL 1989, c. 832, §§4,5 (AMD). PL 1995, c. 324, §3 (AMD). PL 2001, c. 556, §1 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 695, Pt. B, §5 (AMD). PL 2017, c. 407, Pt. A, §106 (AMD).