Bill Text: MN SF173 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Unemployment compensation eligibility provisions modification
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-01-31 - Referred to Jobs, Agriculture and Rural Development [SF173 Detail]
Download: Minnesota-2013-SF173-Introduced.html
1.2relating to employment; regulating eligibility for unemployment compensation;
1.3amending Minnesota Statutes 2012, section 268.095, subdivisions 1, 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read:
1.6 Subdivision 1. Quit. An applicant who quit employment is ineligible for all
1.7unemployment benefits according to subdivision 10 except when:
1.8 (1) the applicant quit the employment because of a good reason caused by the
1.9employer as defined in subdivision 3;
1.10 (2) the applicant quit the employment to accept other covered employment that
1.11provided substantially better terms and conditions of employment, but the applicant did
1.12not work long enough at the second employment to have sufficient subsequent earnings to
1.13satisfy the period of ineligibility that would otherwise be imposed under subdivision 10
1.14for quitting the first employment;
1.15 (3) the applicant quit the employment within 30 calendar days of beginning the
1.16employment because the employment was unsuitable for the applicant;
1.17 (4) the employment was unsuitable for the applicant and the applicant quit to enter
1.18reemployment assistance training;
1.19 (5) the employment was part time and the applicant also had full-time employment
1.20in the base period, from which full-time employment the applicant separated because of
1.21reasons for which the applicant was held not to be ineligible, and the wage credits from
1.22the full-time employment are sufficient to meet the minimum requirements to establish a
1.23benefit account under section268.07 ;
2.1 (6) the applicant quit because the employer notified the applicant that the applicant
2.2was going to be laid off because of lack of work within 30 calendar days. An applicant
2.3who quit employment within 30 calendar days of a notified date of layoff because of lack
2.4of work is ineligible for unemployment benefits through the end of the week that includes
2.5the scheduled date of layoff;
2.6 (7) the applicant quit the employment (i) because the applicant's serious illness or
2.7injury made it medically necessary that the applicant quit; or (ii) in order to provide
2.8necessary care because of the illness, injury, or disability of an immediate family member
2.9of the applicant. This exception only applies if the applicant informs the employer of
2.10the medical problem and requests accommodation and no reasonable accommodation
2.11is made available.
2.12 If the applicant's serious illness is chemical dependency, this exception does not
2.13apply if the applicant was previously diagnosed as chemically dependent or had treatment
2.14for chemical dependency, and since that diagnosis or treatment has failed to make
2.15consistent efforts to control the chemical dependency.
2.16 This exception raises an issue of the applicant's being available for suitable
2.17employment under section268.085, subdivision 1 , that the commissioner must determine;
2.18 (8) the applicant's loss of child care for the applicant's minor child caused the
2.19applicant to quit the employment, provided the applicant made reasonable effort to obtain
2.20other child care and requested time off or other accommodation from the employer and no
2.21reasonable accommodation is available.
2.22 This exception raises an issue of the applicant's being available for suitable
2.23employment under section268.085, subdivision 1 , that the commissioner must determine;
2.24 (9) domestic abuse of the applicant or an immediate family member of the applicant,
2.25necessitated the applicant's quitting the employment. Domestic abuse must be shown
2.26by one or more of the following:
2.27 (i) a district court order for protection or other documentation of equitable relief
2.28issued by a court;
2.29 (ii) a police record documenting the domestic abuse;
2.30 (iii) documentation that the perpetrator of the domestic abuse has been convicted
2.31of the offense of domestic abuse;
2.32 (iv) medical documentation of domestic abuse; or
2.33 (v) written statement that the applicant or an immediate family member of the
2.34applicant is a victim of domestic abuse, provided by a social worker, member of the
2.35clergy, shelter worker, attorney at law, or other professional who has assisted the applicant
2.36in dealing with the domestic abuse.
3.1 Domestic abuse for purposes of this clause is defined under section518B.01; or
3.2(10) the applicant quit in order to relocate to accompany a spouse whose job
3.3 employment location changed making it impractical for the applicant to commute; and
3.4(i) the applicant's spouse is in the military; or
3.5(ii) the spouse's employment provides better terms and conditions than the
3.6applicant's employment.
3.7 Sec. 2. Minnesota Statutes 2012, section 268.095, subdivision 3, is amended to read:
3.8 Subd. 3. Good reason caused by the employer defined. (a) A good reason caused
3.9by the employer for quitting is a reason:
3.10 (1) that is directly related to the employment and for which the employer is
3.11responsible;
3.12 (2) that is adverse to the worker; and
3.13 (3) that would compel an average, reasonable worker to quit and become
3.14unemployed rather than remaining in the employment.
3.15 (b) The analysis required in paragraph (a) must be applied to the specific facts
3.16of each case.
3.17 (c) If an applicant was subjected to adverse working conditions by the employer, the
3.18applicant must complain to the employer and give the employer a reasonable opportunity
3.19to correct the adverse working conditions before that may be considered a good reason
3.20caused by the employer for quitting.
3.21 (d) A reason for quitting employment is not considered a good reason caused by
3.22the employer for quitting if the reason for quitting occurred because of the applicant's
3.23employment misconduct.
3.24 (e) Notification of discharge in the future, including a layoff because of lack of work,
3.25is not considered a good reason caused by the employer for quitting.
3.26 (f) An applicant has a good reason caused by the employer for quitting if it results
3.27from the employer denying the applicant's request for reasonable time off from scheduled
3.28work in order to deal with a matter of such a compelling nature that an average reasonable
3.29worker would, in the circumstances, miss scheduled work. This paragraph applies only if:
3.30(1) the applicant informed the employer of the reason for requesting the time off; and
3.31(2) the applicant reasonably believed that missing work without approval would
3.32result in discharge.
3.33 (g) An applicant has a good reason caused by the employer for quitting if it results
3.34from sexual harassment of which the employer was aware, or should have been aware,
3.35and the employer failed to take timely and appropriate action. Sexual harassment means
4.1unwelcome sexual advances, requests for sexual favors, sexually motivated physical
4.2contact or other conduct or communication of a sexual nature when:
4.3 (1) the applicant's submission to the conduct or communication is made a term
4.4or condition of the employment;
4.5 (2) the applicant's submission to or rejection of the conduct or communication is the
4.6basis for decisions affecting employment; or
4.7 (3) the conduct or communication has the purpose or effect of substantially
4.8interfering with an applicant's work performance or creating an intimidating, hostile, or
4.9offensive working environment.
4.10(g) (h) The definition of a good reason caused by the employer for quitting
4.11employment provided by this subdivision is exclusive and no other definition applies.
1.3amending Minnesota Statutes 2012, section 268.095, subdivisions 1, 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read:
1.6 Subdivision 1. Quit. An applicant who quit employment is ineligible for all
1.7unemployment benefits according to subdivision 10 except when:
1.8 (1) the applicant quit the employment because of a good reason caused by the
1.9employer as defined in subdivision 3;
1.10 (2) the applicant quit the employment to accept other covered employment that
1.11provided substantially better terms and conditions of employment, but the applicant did
1.12not work long enough at the second employment to have sufficient subsequent earnings to
1.13satisfy the period of ineligibility that would otherwise be imposed under subdivision 10
1.14for quitting the first employment;
1.15 (3) the applicant quit the employment within 30 calendar days of beginning the
1.16employment because the employment was unsuitable for the applicant;
1.17 (4) the employment was unsuitable for the applicant and the applicant quit to enter
1.18reemployment assistance training;
1.19 (5) the employment was part time and the applicant also had full-time employment
1.20in the base period, from which full-time employment the applicant separated because of
1.21reasons for which the applicant was held not to be ineligible, and the wage credits from
1.22the full-time employment are sufficient to meet the minimum requirements to establish a
1.23benefit account under section
2.1 (6) the applicant quit because the employer notified the applicant that the applicant
2.2was going to be laid off because of lack of work within 30 calendar days. An applicant
2.3who quit employment within 30 calendar days of a notified date of layoff because of lack
2.4of work is ineligible for unemployment benefits through the end of the week that includes
2.5the scheduled date of layoff;
2.6 (7) the applicant quit the employment (i) because the applicant's serious illness or
2.7injury made it medically necessary that the applicant quit; or (ii) in order to provide
2.8necessary care because of the illness, injury, or disability of an immediate family member
2.9of the applicant. This exception only applies if the applicant informs the employer of
2.10the medical problem and requests accommodation and no reasonable accommodation
2.11is made available.
2.12 If the applicant's serious illness is chemical dependency, this exception does not
2.13apply if the applicant was previously diagnosed as chemically dependent or had treatment
2.14for chemical dependency, and since that diagnosis or treatment has failed to make
2.15consistent efforts to control the chemical dependency.
2.16 This exception raises an issue of the applicant's being available for suitable
2.17employment under section
2.18 (8) the applicant's loss of child care for the applicant's minor child caused the
2.19applicant to quit the employment, provided the applicant made reasonable effort to obtain
2.20other child care and requested time off or other accommodation from the employer and no
2.21reasonable accommodation is available.
2.22 This exception raises an issue of the applicant's being available for suitable
2.23employment under section
2.24 (9) domestic abuse of the applicant or an immediate family member of the applicant,
2.25necessitated the applicant's quitting the employment. Domestic abuse must be shown
2.26by one or more of the following:
2.27 (i) a district court order for protection or other documentation of equitable relief
2.28issued by a court;
2.29 (ii) a police record documenting the domestic abuse;
2.30 (iii) documentation that the perpetrator of the domestic abuse has been convicted
2.31of the offense of domestic abuse;
2.32 (iv) medical documentation of domestic abuse; or
2.33 (v) written statement that the applicant or an immediate family member of the
2.34applicant is a victim of domestic abuse, provided by a social worker, member of the
2.35clergy, shelter worker, attorney at law, or other professional who has assisted the applicant
2.36in dealing with the domestic abuse.
3.1 Domestic abuse for purposes of this clause is defined under section
3.3 employment location changed making it impractical for the applicant to commute; and
3.4(i) the applicant's spouse is in the military; or
3.5(ii) the spouse's employment provides better terms and conditions than the
3.6applicant's employment.
3.7 Sec. 2. Minnesota Statutes 2012, section 268.095, subdivision 3, is amended to read:
3.8 Subd. 3. Good reason caused by the employer defined. (a) A good reason caused
3.9by the employer for quitting is a reason:
3.10 (1) that is directly related to the employment and for which the employer is
3.11responsible;
3.12 (2) that is adverse to the worker; and
3.13 (3) that would compel an average, reasonable worker to quit and become
3.14unemployed rather than remaining in the employment.
3.15 (b) The analysis required in paragraph (a) must be applied to the specific facts
3.16of each case.
3.17 (c) If an applicant was subjected to adverse working conditions by the employer, the
3.18applicant must complain to the employer and give the employer a reasonable opportunity
3.19to correct the adverse working conditions before that may be considered a good reason
3.20caused by the employer for quitting.
3.21 (d) A reason for quitting employment is not considered a good reason caused by
3.22the employer for quitting if the reason for quitting occurred because of the applicant's
3.23employment misconduct.
3.24 (e) Notification of discharge in the future, including a layoff because of lack of work,
3.25is not considered a good reason caused by the employer for quitting.
3.26 (f) An applicant has a good reason caused by the employer for quitting if it results
3.27from the employer denying the applicant's request for reasonable time off from scheduled
3.28work in order to deal with a matter of such a compelling nature that an average reasonable
3.29worker would, in the circumstances, miss scheduled work. This paragraph applies only if:
3.30(1) the applicant informed the employer of the reason for requesting the time off; and
3.31(2) the applicant reasonably believed that missing work without approval would
3.32result in discharge.
3.33 (g) An applicant has a good reason caused by the employer for quitting if it results
3.34from sexual harassment of which the employer was aware, or should have been aware,
3.35and the employer failed to take timely and appropriate action. Sexual harassment means
4.1unwelcome sexual advances, requests for sexual favors, sexually motivated physical
4.2contact or other conduct or communication of a sexual nature when:
4.3 (1) the applicant's submission to the conduct or communication is made a term
4.4or condition of the employment;
4.5 (2) the applicant's submission to or rejection of the conduct or communication is the
4.6basis for decisions affecting employment; or
4.7 (3) the conduct or communication has the purpose or effect of substantially
4.8interfering with an applicant's work performance or creating an intimidating, hostile, or
4.9offensive working environment.
4.10
4.11employment provided by this subdivision is exclusive and no other definition applies.
