Bill Text: MN HF2461 | 2013-2014 | 88th Legislature | Engrossed


Bill Title: Employee earned sick and safe time provided.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Introduced - Dead) 2014-03-20 - Committee report, to adopt and re-refer to Jobs and Economic Development Finance and Policy [HF2461 Detail]

Download: Minnesota-2013-HF2461-Engrossed.html

1.1A bill for an act
1.2relating to employment; providing for earned sick and safe time;proposing
1.3coding for new law in Minnesota Statutes, chapter 181; repealing Minnesota
1.4Statutes 2013 Supplement, section 181.9413.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [181.9441] EARNED SICK AND SAFE TIME.
1.7    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.8have the meanings given.
1.9(b) "Child" means a minor or adult: biological child, adopted child, foster child,
1.10grandchild, stepchild, legal ward, or a person to whom the covered employee stands in
1.11loco parentis.
1.12(c) "Covered employee" means an employee who has been employed for not less
1.13than 30 days by the employer from whom earned sick and safe time is requested.
1.14(d) "Domestic abuse" has the meaning given in section 518B.01.
1.15(e) "Employee" has the meaning given in section 177.23, subdivision 7, except that
1.16for the purpose of this section, employee includes any individual employed in a bona fide
1.17executive, administrative, or professional capacity, or a salesperson who conducts no more
1.18than 20 percent of sales on the premises of the employer, and includes recipients of public
1.19benefits who are engaged in work activity as a condition of receiving public assistance.
1.20(f) "Employer" means any individual, partnership, association, corporation, business,
1.21trust, the state and any political subdivision of the state, or any person or group of persons
1.22acting directly or indirectly in the interest of an employer in relation to an employee.
2.1(g) "Extended family member" means any individual related by blood or affinity
2.2whose close association with the covered employee is the equivalent of a family
2.3relationship.
2.4(h) "Grandparent" means a parent of a parent.
2.5(i) "Earned sick and safe time" means leave, including paid time off (PTO), that is
2.6compensated at the same hourly rate as the covered employee earns from employment
2.7and is provided by an employer to a covered employee for the purposes described in
2.8subdivision 3.
2.9(j) "Parent" means:
2.10(1) a biological parent, foster parent, stepparent, adoptive parent, or legal guardian
2.11of a covered employee or a covered employee's spouse; or
2.12(2) a person who stood in loco parentis when the covered employee or covered
2.13employee's spouse was a minor child.
2.14(k) "Sexual assault" means an act that constitutes a violation under sections 609.342
2.15to 609.3453 or 609.352.
2.16(l) "Sibling" means a biological, foster, adoptive, or step-sibling.
2.17(m) "Stalking" has the meaning given in section 609.749.
2.18(n) "Spouse" means a person to whom the covered employee is legally married
2.19under the laws of Minnesota.
2.20    Subd. 2. Accrual of earned sick and safe time. (a) A covered employee shall accrue
2.21a minimum of one hour of earned sick and safe time for every 30 hours worked. A covered
2.22employee may not accrue more than 72 hours of earned sick and safe time in a calendar
2.23year unless the employer agrees to a higher amount, except as provided in paragraph (b).
2.24(b) Covered employees of an employer that employs fewer than 21 employees may
2.25not accrue more than 40 hours of earned sick and safe time in a calendar year unless
2.26the employer agrees to a higher amount.
2.27(c) Covered employees who are exempt from overtime requirements under United
2.28States Code, title 29, section 213(a)(1), are deemed to work 40 hours in each work week
2.29for purposes of accruing earned sick and safe time, except that a covered employee whose
2.30normal work week is less than 40 hours will accrue earned sick and safe time based upon
2.31the normal work week.
2.32(d) Earned sick and safe time under this section begins to accrue at the
2.33commencement of employment of the covered employee.
2.34(e) Covered employees shall be entitled to use accrued earned sick and safe time
2.35beginning 90 calendar days following commencement of their employment. After 90
3.1calendar days of employment, covered employees may use earned sick and safe time
3.2as it is accrued.
3.3(f) Earned sick and safe time shall be carried over from year to year.
3.4(g) An employer complies with this section if the employer has a sick and safe time
3.5policy that makes available an amount of sick and safe time at least equal to and which
3.6may be used for the same purposes and under the same conditions as earned sick and safe
3.7time under this section.
3.8(h) An employer may adopt or retain sick and safe time policies that are more
3.9generous to a covered employee than the requirements under this section.
3.10    Subd. 3. Use of earned sick and safe time. (a) Earned sick and safe time must be
3.11provided to a covered employee by an employer for:
3.12(1) a covered employee's:
3.13(i) mental or physical illness, injury, or health condition;
3.14(ii) need for medical diagnosis, care, or treatment of a mental or physical illness,
3.15injury, or health condition; or
3.16(iii) need for preventive medical or health care;
3.17(2) care of a spouse, child, parent, grandparent, sibling, or extended family member:
3.18(i) with a mental or physical illness, injury, or health condition;
3.19(ii) who needs medical diagnosis, care, or treatment of a mental or physical illness,
3.20injury, or health condition; or
3.21(iii) who needs preventive medical or health care;
3.22(3) absence due to domestic abuse, sexual assault, or stalking of the covered
3.23employee or covered employee's child, spouse, parent, grandparent, sibling, or extended
3.24family member, provided the absence is to:
3.25(i) seek medical attention related to physical or psychological injury or disability
3.26caused by domestic abuse, sexual assault, or stalking;
3.27(ii) obtain services from a victim services organization;
3.28(iii) obtain psychological or other counseling;
3.29(iv) seek relocation due to domestic abuse, sexual assault, or stalking; or
3.30(v) take legal action, including preparing for or participating in any civil or criminal
3.31legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking; and
3.32(4) closure of the covered employee's place of business by order of a public official
3.33due to weather or other emergency, or a covered employee's need to care for a child whose
3.34school or place of care has been closed by order of a public official due to weather or
3.35other public emergency.
4.1(b) An employer may require reasonable notice of the need for earned sick and safe
4.2time. If the need for the leave is foreseeable, an employer may require advance notice of
4.3the intention to use earned sick and safe time, but in no case shall require more than seven
4.4days' advance notice. If the need is not foreseeable, an employer may require a covered
4.5employee to give notice of the need for earned sick and safe time as soon as practicable.
4.6(c) For earned sick and safe time of more than three consecutive days, an employer
4.7may require reasonable documentation that the earned sick and safe time is covered by
4.8paragraph (a). For earned sick and safe time under paragraph (a), clause (1) or (2),
4.9reasonable documentation shall include a signed statement by a health care professional
4.10indicating the need for earned sick and safe time. For earned sick and safe time under
4.11paragraph (a), clause (3), a court record or documentation signed by an employee or
4.12volunteer working for a victims services organization, an attorney, a police officer, or other
4.13anti-violence counselor shall be considered reasonable documentation.
4.14(d) An employer may not require, as a condition of a covered employee's using earned
4.15sick and safe time, that the covered employee search for or find a replacement worker to
4.16cover the hours during which the covered employee is using earned sick and safe time.
4.17(e) Accrued earned sick and safe time may be used in the smaller of hourly
4.18increments or the smallest increment that the employer's payroll system uses to account
4.19for absences or use of other time.
4.20    Subd. 4. Retaliation prohibited. An employer shall not retaliate against a covered
4.21employee because the covered employee has requested earned sick and safe time, used
4.22earned sick and safe time, or made a complaint or filed an action to enforce a right to
4.23earned sick and safe time under this section.
4.24    Subd. 5. Notice and posting. (a) Employers shall give notice that covered
4.25employees are entitled to earned sick and safe time, the amount of earned sick and safe
4.26time, and the terms of its use under this section, that retaliation against covered employees
4.27who request or use earned sick and safe time is prohibited, and that each covered employee
4.28has the right to file a complaint or bring a civil action if earned sick and safe time is
4.29denied by the employer or the covered employee is retaliated against for requesting or
4.30using earned sick and safe time.
4.31(b) Employers may comply with this section by supplying covered employees
4.32with a notice in English and other appropriate languages that contains the information
4.33required in paragraph (a).
4.34(c) Employers may comply with this section by displaying a poster in a conspicuous
4.35and accessible place in each establishment where covered employees are employed which
4.36contains all information required under paragraph (a).
5.1(d) The commissioner of labor and industry shall create and make available to
5.2employers for their use in complying with this subdivision posters that contain the
5.3information required under paragraph (a).
5.4    Subd. 6. Rulemaking; investigations. (a) The commissioner of labor and industry
5.5may adopt rules for implementing this section including, but not limited to, requirements
5.6for documentation by employers demonstrating compliance with this section.
5.7(b) The commissioner of labor and industry shall have enforcement authority and
5.8powers as provided under section 177.27 to administer this section.
5.9    Subd. 7. Remedies. (a) Any person aggrieved by a failure of an employer to provide
5.10earned sick and safe time as required by this section may bring an action in district
5.11court against the employer. A prevailing plaintiff in an action under this paragraph is
5.12entitled to recover the full amount of accrued earned sick and safe time, plus any actual
5.13damages suffered as a result of the employer's failure to provide earned sick and safe
5.14time, and reasonable attorney fees. A prevailing plaintiff is also entitled to any other
5.15appropriate legal or equitable relief as determined by the court, including but not limited
5.16to reinstatement in employment.
5.17(b) A covered employee subjected to retaliation in violation of this section may
5.18bring an action in district court against the employer. A prevailing plaintiff in an action
5.19under this paragraph is entitled to recover damages and reasonable attorney fees, and other
5.20appropriate legal or equitable relief as determined by the court.
5.21(c) Any person aggrieved by a violation of this section may file a complaint with the
5.22attorney general. The filing of a complaint with the attorney general does not preclude
5.23the filing of a civil action under paragraph (a) or (b). The attorney general may bring a
5.24civil action in district court to enforce this section on behalf of any person. The attorney
5.25general may request injunctive relief and, in the case of a willful violation, imposition of a
5.26fine of $1,000 per violation payable to the state.
5.27(d) An action authorized by this subdivision may be filed no later than five years
5.28from the date the alleged violation occurred.
5.29(e) Persons filing an action under this subdivision may seek certification as a class,
5.30consistent with the requirements of law and court rule.
5.31    Subd. 8. Confidentiality and nondisclosure. If an employer possesses health
5.32or medical information or information pertaining to domestic abuse, sexual assault,
5.33or stalking about a covered employee or covered employee's child, parent, spouse,
5.34grandparent, sibling, or extended family member, such information shall be treated
5.35as confidential and not disclosed except to the affected covered employee or with the
5.36permission of the affected covered employee.
6.1    Subd. 9. Encouragement of more generous sick and safe time policies; no effect
6.2on more generous policies. (a) Nothing in this section shall be construed to discourage or
6.3prohibit an employer from the adoption or retention of an earned sick and safe time policy
6.4more generous than required under this section.
6.5(b) Nothing in this section shall be construed as diminishing the obligation of an
6.6employer to comply with any contract, collective bargaining agreement, employment
6.7benefit plan, or other agreement providing more generous sick and safe time to a covered
6.8employee than required under this section.
6.9(c) Nothing in this section shall be construed as diminishing the rights of public
6.10employees regarding paid leave or use of leave as provided in section 43A.1815.
6.11    Subd. 10. Termination, separation, transfer. Nothing in this subdivision may be
6.12construed as requiring financial or other reimbursement to a covered employee from an
6.13employer upon the covered employee's termination, resignation, retirement, or other
6.14separation from employment for accrued earned sick and safe time that has not been
6.15used. If a covered employee is transferred to a separate division, entity, or location, but
6.16remains employed by the same employer, the covered employee is entitled to all earned
6.17sick and safe time accrued at the prior division, entity, or location and is entitled to use
6.18all earned sick and safe time as provided in this section. When there is a separation from
6.19employment and the covered employee is rehired within 12 months of separation by the
6.20same employer, previously accrued earned sick and safe time that had not been used must
6.21be reinstated. A covered employee is entitled to use accrued earned sick and safe time and
6.22accrue additional earned sick and safe time at the commencement of reemployment.
6.23An employer may loan earned sick and safe time to a covered employee in advance
6.24of accrual by the covered employee.
6.25EFFECTIVE DATE.This section is effective 180 days following final enactment.

6.26    Sec. 2. SEVERABILITY.
6.27If any provision of this act or application thereof to any person or circumstance is
6.28judged invalid, the invalidity shall not affect other provisions or applications of the act
6.29which can be given effect without the invalid provision or application, and to this end the
6.30provisions of this act are declared severable.
6.31EFFECTIVE DATE.This section is effective the day following final enactment.

6.32    Sec. 3. REPEALER.
6.33Minnesota Statutes 2013 Supplement, section 181.9413, is repealed.
7.1EFFECTIVE DATE.This section is effective 180 days following final enactment.
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