By SUSAN M. COVER
Staff Writer Tuesday, February 27, 2007

Osterby, a state employee, wanted time to care for Donna Curtis, who needed chemotherapy and radiation treatments. Osterby asked for a demotion to a less demanding position in the Workers Compensation Bureau, and used her personal vacation time to be at Curtis's bedside.

When Osterby ran out of vacation and sick time, co-workers donated some of their time so she could continue to miss work.

"If it weren't for the fact that people donated vacation time, I would have been between a rock and hard place for job security," said Osterby, a 47-year-old who lives in Hermon and works in Bangor.

For married couples, the state's Family Medical Leave Law allows for 10 weeks of unpaid time to care for a sick spouse. But it doesn't apply to unmarried heterosexual couples or gay and lesbian couples.

Eventually, the state changed its policy so gay and lesbian state workers would qualify for family medical leave for domestic partners. But the change came too late for Osterby. Curtis died in August 2005, just weeks after the state changed its policy.

To help others who may find themselves in this situation, Osterby plans to testify in front of a legislative committee on Wednesday in support of a bill that extends the state Family Medical Leave Law to unmarried domestic partners. It would require all businesses with more than 15 employees, including the state, to grant the same family medical leave to married and unmarried couples.

The bill, which will be considered by the Labor Committee, would apply to those who meet the definition of a domestic partner. The definition includes five criteria, two of which are living together for at least 12 months and having joint financial arrangements.

In addition, the bill would allow for leave to care for the partner's child, or for the birth or adoption of a partner's child, said Betsy Smith, executive director of EqualityMaine, the state's largest gay and lesbian lobbying group.

The Christian Civic League of Maine, which often opposes the extension of additional rights to gays and lesbians, did not return repeated phone calls seeking comment on Monday.

The Maine State Chamber of Commerce, with 5,000 business members across the state, plans to testify in support of the bill, said spokesman Peter Gore.

"In conversations with employers, they don't think there would be a problem," he said.

A mix of large and medium-sized employers have told Gore they already allow the same leave time for unmarried couples, he said.

The bill is sponsored by Sen. Dennis Damon, D-Trenton. Co-sponsor, Rep. Janet Mills, D-Farmington, said the bill would help unmarried heterosexual couples and nontraditional families, as well as gays and lesbians.

"If you have a serious family emergency, you should be encouraged to take care of your loved one, whether it's an aunt, uncle, girlfriend or boyfriend," she said.

Smith, of EqualityMaine, said family leave is something heterosexual couples get through marriage.

"The system to use is marriage," she said.

"That's not going to happen right now in Maine. This is one of the protections we can provide."

Osterby, who raised three children with Curtis, said their family went through all the same ups and downs as any other family.

"It all boils down to all people deserve to have the same rights, especially when you are talking about life and death," she said.

Susan Cover -- 623-1056

scover@centralmaine.com