A bill for an act
relating to employment; providing for earned sick and safe time; appropriating
money; authorizing rulemaking; imposing civil penalties; requiring reports;
amending Minnesota Statutes 2020, sections 177.27, subdivisions 2, 4, 7; 181.942,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 177;
181; repealing Minnesota Statutes 2020, section 181.9413.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 181.942, subdivision 1, is amended to read:
(a) An employee returning from a leave of absence
under section 181.941 is entitled to return to employment in the employee's former position
or in a position of comparable duties, number of hours, and pay. An employee returning
from a leave of absence longer than one month must notify a supervisor at least two weeks
prior to return from leave. An employee returning from a leave under section 181.9412 or
deleted text begin 181.9413deleted text endnew text begin sections 181.9445 to 181.9448new text end is entitled to return to employment in the employee's
former position.
(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a
layoff and the employee would have lost a position had the employee not been on leave,
pursuant to the good faith operation of a bona fide layoff and recall system, including a
system under a collective bargaining agreement, the employee is not entitled to reinstatement
in the former or comparable position. In such circumstances, the employee retains all rights
under the layoff and recall system, including a system under a collective bargaining
agreement, as if the employee had not taken the leave.
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For the purposes of section 177.50 and sections 181.9445
to 181.9447, the terms defined in this section have the meanings given them.
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"Commissioner" means the commissioner of labor and industry
or authorized designee or representative.
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"Domestic abuse" has the meaning given in section 518B.01.
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"Earned sick and safe time" means leave, including
paid time off and other paid leave systems, that is paid at the same hourly rate as an employee
earns from employment that may be used for the same purposes and under the same
conditions as provided under section 181.9447.
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"Employee" means any person who is employed by an employer,
including temporary and part-time employees, who performs work for at least 80 hours in
a year for that employer in Minnesota. Employee does not include:
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(1) an independent contractor; or
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(2) an individual employed by an air carrier as a flight deck or cabin crew member who
is subject to United States Code, title 45, sections 181 to 188, and who is provided with
paid leave equal to or exceeding the amounts in section 181.9446.
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"Employer" means a person who has one or more employees.
Employer includes an individual, a corporation, a partnership, an association, a business
trust, a nonprofit organization, a group of persons, a state, county, town, city, school district,
or other governmental subdivision. In the event that a temporary employee is supplied by
a staffing agency, absent a contractual agreement stating otherwise, that individual shall be
an employee of the staffing agency for all purposes of section 177.50 and sections 181.9445
to 181.9448.
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"Family member" means:
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(1) an employee's:
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(i) child, foster child, adult child, legal ward, or child for whom the employee is legal
guardian;
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(ii) spouse or registered domestic partner;
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(iii) sibling, stepsibling, or foster sibling;
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(iv) parent or stepparent;
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(v) grandchild, foster grandchild, or stepgrandchild; or
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(vi) grandparent or stepgrandparent;
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(2) any of the family members listed in clause (1) of a spouse or registered domestic
partner;
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(3) any individual related by blood or affinity whose close association with the employee
is the equivalent of a family relationship; and
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(4) up to one individual annually designated by the employee.
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"Health care professional" means any person licensed
under federal or state law to provide medical or emergency services, including doctors,
physician assistants, nurses, and emergency room personnel.
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"Prevailing wage rate" has the meaning given in section
177.42 and as calculated by the Department of Labor and Industry.
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"Retaliatory personnel action" means:
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(1) any form of intimidation, threat, reprisal, harassment, discrimination, or adverse
employment action, including discipline, discharge, suspension, transfer, or reassignment
to a lesser position in terms of job classification, job security, or other condition of
employment; reduction in pay or hours or denial of additional hours; the accumulation of
points under an attendance point system; informing another employer that the person has
engaged in activities protected by this chapter; or reporting or threatening to report the actual
or suspected citizenship or immigration status of an employee, former employee, or family
member of an employee to a federal, state, or local agency; and
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(2) interference with or punishment for participating in any manner in an investigation,
proceeding, or hearing under this chapter.
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"Sexual assault" means an act that constitutes a violation
under sections 609.342 to 609.3453 or 609.352.
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"Stalking" has the meaning given in section 609.749.
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