Bill Text: MN SF1956 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Pregnancy and parenting leave employment provisions modifications; pregnancy accommodations requirement
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2014-03-20 - Comm report: To pass as amended and re-refer to Finance [SF1956 Detail]
Download: Minnesota-2013-SF1956-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 the 12 months 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),
2.11the leavemay must begin not more than six weeks after within six months of the birth
2.12or adoption; except that, in the case where the child must remain in the hospital longer
2.13than the mother, the leavemay not must begin more than six weeks within six months
2.14 after the child 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
2.24accommodations to an employee for the employee's medical or physical conditions
2.25related to pregnancy or childbirth, if the employee provides a written documentation
2.26of a medical necessity by a licensed health care provider or certified doula for an
2.27accommodation. A pregnant employee shall not be required to provide documentation of
2.28medical necessity for the following accommodations: (1) more frequent restroom, food,
2.29and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and
2.30employer shall engage in an interactive process with respect to an employee's request for
2.31a reasonable accommodation. "Reasonable accommodation" may include, but is not
2.32limited to, temporary transfer to a less strenuous or hazardous position, seating, frequent
2.33restroom breaks, and limits to heavy lifting. Notwithstanding any other provision of
2.34this section, an employer shall not be required to create a new or additional position in
2.35order to accommodate an employee pursuant to this section, and shall not be required to
3.1discharge any employee, transfer any other employee with greater seniority, or promote
3.2any employee.
3.3 Subd. 2. 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. 3. No employer retribution. An employer shall not retaliate against an
3.8employee for requesting or obtaining accommodation under this section.
3.9 Subd. 4. Employee not required to take leave. An employer shall not require an
3.10employee to take a leave or accept an accommodation.
3.11EFFECTIVE DATE.This section is effective the day following final enactment.
3.12 Sec. 4. Minnesota Statutes 2012, section 181.943, is amended to read:
3.13181.943 RELATIONSHIP TO OTHER LEAVE.
3.14(a) The length ofparental leave provided under section
181.941 may be reduced
3.15by any period ofpaid parental or disability leave, but not accrued sick leave, provided
3.16by the employer, so that the total leave does not exceed six weeks, unless agreed to by
3.17the employer.:
3.18(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
3.19provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
3.20to by the employer; or
3.21(2) leave taken for the same purpose by the employee under United States Code,
3.22title 29, chapter 28.
3.23(b) Nothing in sections181.940 to
181.943 prevents any employer from providing
3.24leave benefits in addition to those provided in sections181.940 to
181.944 or otherwise
3.25affects 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),
2.11the leave
2.12or adoption; except that, in the case where the child must remain in the hospital longer
2.13than the mother, the leave
2.14 after the child 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
2.24accommodations to an employee for the employee's medical or physical conditions
2.25related to pregnancy or childbirth, if the employee provides a written documentation
2.26of a medical necessity by a licensed health care provider or certified doula for an
2.27accommodation. A pregnant employee shall not be required to provide documentation of
2.28medical necessity for the following accommodations: (1) more frequent restroom, food,
2.29and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and
2.30employer shall engage in an interactive process with respect to an employee's request for
2.31a reasonable accommodation. "Reasonable accommodation" may include, but is not
2.32limited to, temporary transfer to a less strenuous or hazardous position, seating, frequent
2.33restroom breaks, and limits to heavy lifting. Notwithstanding any other provision of
2.34this section, an employer shall not be required to create a new or additional position in
2.35order to accommodate an employee pursuant to this section, and shall not be required to
3.1discharge any employee, transfer any other employee with greater seniority, or promote
3.2any employee.
3.3 Subd. 2. 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. 3. No employer retribution. An employer shall not retaliate against an
3.8employee for requesting or obtaining accommodation under this section.
3.9 Subd. 4. Employee not required to take leave. An employer shall not require an
3.10employee to take a leave or accept an accommodation.
3.11EFFECTIVE DATE.This section is effective the day following final enactment.
3.12 Sec. 4. Minnesota Statutes 2012, section 181.943, is amended to read:
3.13181.943 RELATIONSHIP TO OTHER LEAVE.
3.14(a) The length of
3.15by any period of
3.16
3.17
3.18(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
3.19provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
3.20to by the employer; or
3.21(2) leave taken for the same purpose by the employee under United States Code,
3.22title 29, chapter 28.
3.23(b) Nothing in sections
3.24leave benefits in addition to those provided in sections
3.25affects an employee's rights with respect to any other employment benefit.
