A bill for an act
relating to employment; providing emergency paid sick leave to health care
employees excluded from the federal Families First Coronavirus Response Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For the purposes of this section, the following terms have
the meanings given them.
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(b) "Child" has the meaning given in United States Code, title 29, section 2611(12).
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(c) "Emergency paid sick leave" means paid leave time provided under this section for
a reason provided in subdivision 2.
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(d) "Essential worker" means a person who performs services for hire for an employer
for one day or more, and who:
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(1) qualifies for a Critical Sector exemption under paragraph 6 of Executive Order 20-48
or any amendments to or replacements thereof;
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(2) is unable to work or telework due to a reason provided in subdivision 2; and
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(3) is not receiving workers' compensation benefits, unemployment insurance benefits,
or other benefits under state law or federal law or an executive order related to COVID-19
that wholly compensates the employee for the period of time the employee is unable to
work or telework due to a reason provided in subdivision 2.
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(e) "Employer" means a person who employs one or more essential workers, including
a corporation, partnership, limited liability company, association, group of persons, state,
county, town, city, school district, or governmental subdivision, that has elected to exclude
such employees from emergency paid sick leave under the federal Families First Coronavirus
Response Act, Public Law 116-127.
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(f) "Health care provider" has the meaning given in Code of Federal Regulations, title
29, section 826.30(c).
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(g) "Retaliatory personnel action" means 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 section; 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.
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An employer shall provide emergency paid sick
leave to an employee who is unable to work or telework due to any of the following reasons:
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(1) the employee is subject to a federal, state, or local quarantine or isolation order related
to COVID-19;
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(2) the employee has been advised by a health care provider to self-quarantine due to
concerns related to COVID-19;
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(3) the employee is experiencing symptoms of COVID-19 and seeking a medical
diagnosis;
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(4) the employee is caring for an individual who is subject to an order as described in
clause (1) or has been advised as described in clause (2);
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(5) the employee is caring for a child of the employee if the school or place of care of
the child has been closed, or the child care provider of the child is unavailable due to
COVID-19 precautions; or
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(6) the employee is experiencing any other substantially similar condition specified by
the secretary of the Department of Health and Human Services in consultation with the
secretary of the Department of the Treasury and the secretary of the Department of Labor.
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(a) An employee shall be entitled to emergency
paid sick leave as provided under this section for the following number of hours:
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(1) up to 100 hours for an employee who:
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(i) the employer considers to work full time;
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(ii) works or was scheduled to work on average what are considered full-time hours by
the employer, including pursuant to any applicable collective bargaining agreement; or
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(iii) works or was scheduled to work at least 40 hours per week for the employer on
average over a two-week period;
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(2) a number of hours equal to 1.25 times the number of hours that an employee works
for the employer on average over a two-week period for any employee who:
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(i) the employer considers to work part time;
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(ii) works or was scheduled to work on average what are considered part-time hours by
the employer, including pursuant to any applicable collective bargaining agreement; or
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(iii) works or was scheduled to work fewer than 40 hours per week for the employer on
average over a two-week period; or
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(3) 17.5 times the average number of hours an employee worked per day for the employer
for the previous six months, or for the entire period the employee has worked for the
employer, whichever is shorter, for an employee who works variable hours and who is not
covered by clause (1) or (2).
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(b) Leave under this section shall be available for use by an employee for a reason listed
in subdivision 2 beginning the day following final enactment and may be used intermittently,
provided that any amount of leave taken under this section shall end with the employee's
next scheduled work shift immediately following the termination of the employee's need
for leave under a reason provided in subdivision 2.
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(c) After the first workday or portion thereof that an employee receives leave under this
section, an employer may require the employee to follow reasonable notice procedures to
continue receiving leave.
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(d) Leave under this section expires 30 days after a peacetime emergency declared by
the governor in an executive order that relates to the infectious disease known as COVID-19
is terminated or rescinded.
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(a) An employee shall receive compensation for
each hour of emergency paid sick leave received under this section in an amount that shall
be the greater of:
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(1) the employee's regular rate of pay for the employee's last pay period, including
pursuant to any collective bargaining agreement that applies;
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(2) the state minimum wage in effect under Minnesota Statutes, section 177.24; or
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(3) the local minimum wage to which the employee is entitled, except that in no event
shall emergency paid sick time provided under this section exceed $6,388 in the aggregate.
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(b) Unused or remaining leave under this section shall not carry over past the expiration
of this section.
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(c) Nothing in this section shall be construed to require financial or other reimbursement
to an employee from an employer upon the employee's termination, resignation, retirement,
or other separation from employment for emergency paid sick time under this section that
has not been used by the employee.
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(a) Except as provided in paragraph (c), emergency
paid sick leave under this section shall be in addition to any paid or unpaid leave provided
to an employee by an employer under a collective bargaining agreement, negotiated
agreement, contract, or any other employment policy.
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(b) An employee may use leave provided under this section first, and except as provided
in paragraph (c), an employer shall not require an employee to use other paid or unpaid
leave provided by the employer before the employee uses the leave provided under this
section or in lieu of the leave provided under this section.
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(c) Notwithstanding paragraphs (a) and (b), if an employer has already provided an
employee with additional paid l