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An Act To Clarify the Disqualification from Unemployment Benefits of a Person Who Is Terminated from Employment for Being Under the Influence of Marijuana
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1043, sub-§23, ¶A, as enacted by PL 1999, c. 464, §2, is amended to read:
 
A.  The following acts or omissions are presumed to manifest a disregard for a material interest of the employer. If a culpable breach or a pattern of irresponsible behavior is shown, these actions or omissions constitute "misconduct" as defined in this subsection. This does not preclude other acts or omissions from being considered to manifest a disregard for a material interest of the employer. The acts or omissions included in the presumption are the following:
 
(1) Refusal, knowing failure or recurring neglect to perform reasonable and proper duties assigned by the employer;
 
(2) Unreasonable violation of rules that are reasonably imposed and communicated and equitably enforced;
 
(3) Unreasonable violation of rules that should be inferred to exist from common knowledge or from the nature of the employment;
 
(4) Failure to exercise due care for punctuality or attendance after warnings;
 
(5) Providing false information on material issues relating to the employee's eligibility to do the work or false information or dishonesty that may substantially jeopardize a material interest of the employer;
 
(6) Intoxication while on duty or when reporting to work, or unauthorized use of alcohol or marijuana while on duty except for the use of marijuana permitted under Title 22, chapter 558-C;
 
(7) Using illegal drugs or being under the influence of such drugs while on duty or when reporting to work;
 
(8) Unauthorized sleeping while on duty;
 
(9) Insubordination or refusal without good cause to follow reasonable and proper instructions from the employer;
 
(10) Abusive or assaultive behavior while on duty, except as necessary for self-defense;
 
(11) Destruction or theft of things valuable to the employer or another employee;
 
(12) Substantially endangering the safety of the employee, coworkers, customers or members of the public while on duty;
 
(13) Conviction of a crime in connection with the employment or a crime that reflects adversely on the employee's qualifications to perform the work; or
 
(14) Absence for more than 2 work days due to incarceration for conviction of a crime.
 
Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.