A bill for an act
relating to education finance; providing for employee health insurance; increasing
the minimum starting salary for nonlicensed school personnel; providing for paid
orientation and professional development for paraprofessionals; appropriating
money; amending Minnesota Statutes 2020, sections 125A.08; 471.61, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 122A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [122A.401] ELIGIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Applicant. new text end

new text begin An employee who has a serious health condition, has a
qualifying exigency, is taking safety leave, is providing family care, is bonding, or is
pregnant, and who satisfies the conditions of this section is eligible to receive benefits
subject to the provisions of sections 122A.401 to 122A.404. An "eligible employee" means
an individual employed by a school district or charter school, including a teacher or school
administrator, paraprofessional, student support services personnel, school bus driver, school
nutrition staff, and custodial staff, or any other person employed by the school district.
new text end

new text begin Subd. 2. new text end

new text begin Seven-day qualifying event. new text end

new text begin The period for which an employee is seeking
benefits must be or have been based on a single event of at least seven days duration related
to pregnancy, family care, bonding, a qualifying exigency, safety leave, or the applicant's
serious health condition. The days need not be consecutive.
new text end

new text begin Subd. 3. new text end

new text begin Certification by health care provider. new text end

new text begin Except for bonding benefits, benefits
based on a qualifying exigency, or benefits related to safety leave, the application for benefits
must be certified in writing by a qualified health care professional.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for bargaining agreements entered into
or modified following the date of final enactment.
new text end

Sec. 2.

new text begin [122A.402] BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Benefit. new text end

new text begin An employee experiencing a qualifying event shall receive a
weekly benefit equivalent to the employee's average weekly wage.
new text end

new text begin Subd. 2. new text end

new text begin Timing of payment. new text end

new text begin Except as otherwise provided for in sections 122A.401
to 122A.404, benefits must be paid on the employer's regular payroll.
new text end

new text begin Subd. 3. new text end

new text begin Maximum length of benefits. new text end

new text begin (a) Except as provided in paragraph (b), in a
52-week period, an employee may receive up to 12 weeks of benefits under sections
122A.401 to 122A.404 related to the applicant's serious health condition or pregnancy and
up to 12 weeks of benefits for bonding or family care.
new text end

new text begin (b) An employee may receive up to 26 weeks of benefits in a 52-week period for family
care of an armed service member or for one or more qualifying exigencies.
new text end

new text begin Subd. 4. new text end

new text begin Minimum period for which benefits payable. new text end

new text begin Any claim for benefits must
be based on a single-qualifying benefit period of at least seven days. Thereafter, benefits
may be paid for a minimum increment of one day.
new text end

new text begin Subd. 5. new text end

new text begin Withholding of federal tax. new text end

new text begin If the Internal Revenue Service determines that
benefits are subject to federal income tax, and an employee elects to have federal income
tax deducted and withheld from the employee's benefits, the commissioner must deduct and
withhold the amount specified in the Internal Revenue Code in a manner consistent with
state law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and for bargaining
agreements entered into or modified following the date of final enactment.
new text end

Sec. 3.

new text begin [122A.403] EMPLOYMENT PROTECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer must not retaliate against an
employee for requesting or obtaining benefits or for exercising any other right under sections
122A.401 to 122A.404.
new text end

new text begin Subd. 2. new text end

new text begin Interference prohibited. new text end

new text begin An employer must not obstruct or impede a request
for benefits under sections 122A.401 to 122A.404.
new text end

new text begin Subd. 3. new text end

new text begin Waiver of rights void. new text end

new text begin Any agreement to waive, release, or commute rights
to benefits under sections 122A.401 to 122A.404 is void.
new text end

new text begin Subd. 4. new text end

new text begin No assignment of benefits. new text end

new text begin Any assignment, pledge, or encumbrance of benefits
is void. Benefits are exempt from levy, execution, attachment, or any other remedy provided
for the collection of debt. Any waiver of this subdivision is void.
new text end

new text begin Subd. 5. new text end

new text begin Continued insurance. new text end

new text begin During any leave for which an employee is entitled to
benefits under sections 122A.401 to 122A.404, the employer must maintain coverage under
any group insurance policy, group subscriber contract, or health care plan for the employee
and any dependents as if the employee was not on leave, provided that the employee must
continue to pay any employee share of the cost of such benefits.
new text end

new text begin Subd. 6. new text end

new text begin Reinstatement after leave. new text end

new text begin An employee taking leave for which the employee
is eligible for benefits under sections 122A.401 to 122A.404 is, upon the expiration of that
leave, entitled to restoration by the employer to the position held by the employee when the
leave commenced, or to a position with equivalent seniority, status, employment benefits,
pay, and other terms and conditions of employment including fringe benefits and service
credits that the employee had been entitled to at the commencement of that leave.
new text end

new text begin Subd. 7. new text end

new text begin Remedies. new text end

new text begin In addition to any other remedies available by law, an individual
injured by a violation of this section may bring a civil action seeking any damages
recoverable by law, together with costs and disbursements, including reasonable attorney
fees, and may receive injunctive and other equitable relief as determined by a court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for bargaining agreements entered into
or modified following the date of final enactment.
new text end

Sec. 4.

new text begin [122A.404] BONDING LEAVE.
new text end

new text begin Bonding leave taken under sections 122A.401 to 122A.404 begins at a time requested
by the employee. Bonding leave must begin within 12 months of the birth, adoption, or
placement of a foster child except that, in the case where the child must remain in the hospital
longer than the mother, the leave must begin within 12 months after the child leaves the
hospital.