Bill Text: MN HF2371 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Pregnancy and parenting leave provided, and pregnancy accomodations required.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2014-03-19 - Authors added Clark and Newton [HF2371 Detail]
Download: Minnesota-2013-HF2371-Engrossed.html
1.2relating to employment; providing for pregnancy and parenting leave; requiring
1.3pregnancy accommodations;amending Minnesota Statutes 2012, sections
1.4181.940, subdivision 2; 181.941; 181.943; proposing coding for new law in
1.5Minnesota Statutes, chapter 181.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read:
1.8 Subd. 2. Employee. "Employee" means a person who performs services for hire for
1.9an employer from whom a leave is requested under sections181.940 to
181.944 for:
1.10(1) at least 12consecutive months immediately preceding the request; and
1.11(2) for an average number of hours per week equal to one-half the full-time
1.12equivalent position in the employee's job classification as defined by the employer's
1.13personnel policies or practices or pursuant to the provisions of a collective bargaining
1.14agreement, duringthose 12 months the 12-month period immediately preceding the leave.
1.15Employee includes all individuals employed at any site owned or operated by the
1.16employer but does not include an independent contractor.
1.17 Sec. 2. Minnesota Statutes 2012, section 181.941, is amended to read:
1.18181.941 PREGNANCY AND PARENTING LEAVE.
1.19 Subdivision 1.Six Twelve-week leave; pregnancy, birth, or adoption. (a) An
1.20employer must grant an unpaid leave of absence to an employee who isa natural or
1.21adoptive parent in conjunction with the birth or adoption of a child. The length of the
1.22leave shall be determined by the employee, but may not exceed six weeks, unless agreed
1.23to by the employer.:
2.1(1) a natural or adoptive parent in conjunction with the birth or adoption of a child; or
2.2(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth,
2.3or related health conditions.
2.4(b) The length of the leave shall be determined by the employee, but must not exceed
2.512 weeks, unless agreed to by the employer.
2.6 Subd. 2. Start of leave. The leave shall begin at a time requested by the employee.
2.7The employer may adopt reasonable policies governing the timing of requests for unpaid
2.8leave. and may require an employee who plans to take a leave under this section to give
2.9the employer reasonable notice of the date the leave shall commence and the estimated
2.10duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the
2.11leavemay must begin not more than six weeks after within 12 months of the birth or
2.12adoption; except that, in the case where the child must remain in the hospital longer than
2.13the mother, the leavemay not must begin more than six weeks within 12 months after the
2.14child leaves the hospital.
2.15 Subd. 3. No employer retribution. An employer shall not retaliate against an
2.16employee for requesting or obtaining a leave of absence as provided by this section.
2.17 Subd. 4. Continued insurance. The employer must continue to make coverage
2.18available to the employee while on leave of absence under any group insurance policy,
2.19group subscriber contract, or health care plan for the employee and any dependents.
2.20Nothing in this section requires the employer to pay the costs of the insurance or health
2.21care while the employee is on leave of absence.
2.22 Sec. 3. [181.9414] PREGNANCY ACCOMMODATIONS.
2.23 Subdivision 1. Accommodation. An employer must provide reasonable
2.24accommodation for an employee for conditions related to pregnancy, childbirth, or related
2.25health conditions, if she so requests. The employer may provide the accommodation
2.26requested by the employee or an equally effective alternative. "Reasonable
2.27accommodation" includes, but is not limited to: seating, frequent restroom breaks, and
2.28limits to heavy lifting.
2.29 Subd. 2. Transfer. An employer must temporarily transfer a pregnant female
2.30employee to a less strenuous or hazardous position for the duration of her pregnancy if she
2.31so requests where that transfer can be reasonably accommodated. An employee requesting
2.32a temporary transfer shall be required to provide to the employer a certification of medical
2.33necessity from her doctor. However, no employer shall be required by this subdivision to
2.34create additional employment that the employer would not otherwise have created, nor
3.1shall the employer be required to discharge any employee, transfer any employee with
3.2more seniority, or promote any employee who is not qualified to perform the job.
3.3 Subd. 3. Interaction with other laws. Nothing in this section shall be construed to
3.4affect any other provision of law relating to sex discrimination or pregnancy, or in any
3.5way to diminish the coverage of pregnancy, childbirth, or health conditions related to
3.6pregnancy or childbirth under any other provisions of any other law.
3.7 Subd. 4. No employer retribution. An employer shall not retaliate against an
3.8employee for requesting or obtaining accommodation under this section.
3.9EFFECTIVE DATE.This section is effective the day following final enactment.
3.10 Sec. 4. Minnesota Statutes 2012, section 181.943, is amended to read:
3.11181.943 RELATIONSHIP TO OTHER LEAVE.
3.12(a) The length ofparental leave provided under section
181.941 may be reduced
3.13by any period ofpaid parental or disability leave, but not accrued sick leave, provided
3.14by the employer, so that the total leave does not exceed six weeks, unless agreed to by
3.15the employer.:
3.16(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
3.17provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
3.18to by the employer; or
3.19(2) leave taken for the same purpose by the employee under United States Code,
3.20title 29, chapter 28.
3.21(b) Nothing in sections181.940 to
181.943 prevents any employer from providing
3.22leave benefits in addition to those provided in sections181.940 to
181.944 or otherwise
3.23affects an employee's rights with respect to any other employment benefit.
1.3pregnancy accommodations;amending Minnesota Statutes 2012, sections
1.4181.940, subdivision 2; 181.941; 181.943; proposing coding for new law in
1.5Minnesota Statutes, chapter 181.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read:
1.8 Subd. 2. Employee. "Employee" means a person who performs services for hire for
1.9an employer from whom a leave is requested under sections
1.10(1) at least 12
1.11(2) for an average number of hours per week equal to one-half the full-time
1.12equivalent position in the employee's job classification as defined by the employer's
1.13personnel policies or practices or pursuant to the provisions of a collective bargaining
1.14agreement, during
1.15Employee includes all individuals employed at any site owned or operated by the
1.16employer but does not include an independent contractor.
1.17 Sec. 2. Minnesota Statutes 2012, section 181.941, is amended to read:
1.18181.941 PREGNANCY AND PARENTING LEAVE.
1.19 Subdivision 1.
1.20employer must grant an unpaid leave of absence to an employee who is
1.21
1.22
1.23
2.1(1) a natural or adoptive parent in conjunction with the birth or adoption of a child; or
2.2(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth,
2.3or related health conditions.
2.4(b) The length of the leave shall be determined by the employee, but must not exceed
2.512 weeks, unless agreed to by the employer.
2.6 Subd. 2. Start of leave. The leave shall begin at a time requested by the employee.
2.7The employer may adopt reasonable policies governing the timing of requests for unpaid
2.8leave
2.9the employer reasonable notice of the date the leave shall commence and the estimated
2.10duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the
2.11leave
2.12adoption; except that, in the case where the child must remain in the hospital longer than
2.13the mother, the leave
2.14child leaves the hospital.
2.15 Subd. 3. No employer retribution. An employer shall not retaliate against an
2.16employee for requesting or obtaining a leave of absence as provided by this section.
2.17 Subd. 4. Continued insurance. The employer must continue to make coverage
2.18available to the employee while on leave of absence under any group insurance policy,
2.19group subscriber contract, or health care plan for the employee and any dependents.
2.20Nothing in this section requires the employer to pay the costs of the insurance or health
2.21care while the employee is on leave of absence.
2.22 Sec. 3. [181.9414] PREGNANCY ACCOMMODATIONS.
2.23 Subdivision 1. Accommodation. An employer must provide reasonable
2.24accommodation for an employee for conditions related to pregnancy, childbirth, or related
2.25health conditions, if she so requests. The employer may provide the accommodation
2.26requested by the employee or an equally effective alternative. "Reasonable
2.27accommodation" includes, but is not limited to: seating, frequent restroom breaks, and
2.28limits to heavy lifting.
2.29 Subd. 2. Transfer. An employer must temporarily transfer a pregnant female
2.30employee to a less strenuous or hazardous position for the duration of her pregnancy if she
2.31so requests where that transfer can be reasonably accommodated. An employee requesting
2.32a temporary transfer shall be required to provide to the employer a certification of medical
2.33necessity from her doctor. However, no employer shall be required by this subdivision to
2.34create additional employment that the employer would not otherwise have created, nor
3.1shall the employer be required to discharge any employee, transfer any employee with
3.2more seniority, or promote any employee who is not qualified to perform the job.
3.3 Subd. 3. Interaction with other laws. Nothing in this section shall be construed to
3.4affect any other provision of law relating to sex discrimination or pregnancy, or in any
3.5way to diminish the coverage of pregnancy, childbirth, or health conditions related to
3.6pregnancy or childbirth under any other provisions of any other law.
3.7 Subd. 4. No employer retribution. An employer shall not retaliate against an
3.8employee for requesting or obtaining accommodation under this section.
3.9EFFECTIVE DATE.This section is effective the day following final enactment.
3.10 Sec. 4. Minnesota Statutes 2012, section 181.943, is amended to read:
3.11181.943 RELATIONSHIP TO OTHER LEAVE.
3.12(a) The length of
3.13by any period of
3.14
3.15
3.16(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
3.17provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
3.18to by the employer; or
3.19(2) leave taken for the same purpose by the employee under United States Code,
3.20title 29, chapter 28.
3.21(b) Nothing in sections
3.22leave benefits in addition to those provided in sections
3.23affects an employee's rights with respect to any other employment benefit.
