Bill Text: MN SF409 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Pregnancy accommodations and leave authorization
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2013-02-13 - Referred to Jobs, Agriculture and Rural Development [SF409 Detail]
Download: Minnesota-2013-SF409-Introduced.html
1.2relating to employment; requiring pregnancy leave; requiring employment
1.3accommodations for pregnant women;amending Minnesota Statutes 2012,
1.4section 181.942, subdivision 1; proposing coding for new law in Minnesota
1.5Statutes, chapter 181.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [181.9414] PREGNANCY ACCOMMODATIONS AND LEAVE.
1.8 Subdivision 1. 12-week leave; pregnancy. An employer must grant an unpaid leave
1.9of absence to a female employee disabled by pregnancy, childbirth, or related medical
1.10conditions for a reasonable period of time not to exceed 12 weeks. The length of the leave
1.11shall be determined by the employee, but may not exceed 12 weeks, unless agreed to by
1.12the employer. The employee shall be entitled to utilize any accrued vacation or sick leave
1.13during this period of time. "Reasonable period of time" means that period during which
1.14the female employee is disabled on account of pregnancy, childbirth, or related medical
1.15conditions. An employer may require an employee who plans to take a leave pursuant
1.16to this subdivision to give the employer reasonable notice of the date the leave shall
1.17commence and the estimated duration of the leave.
1.18 Subd. 2. Accommodation. An employer must provide reasonable accommodation
1.19for an employee for conditions related to pregnancy, childbirth, or related medical
1.20conditions, if she so requests, with the advice of her health care provider. "Reasonable
1.21accommodation" includes, but is not limited to: seating, frequent restroom breaks, and
1.22limits to heavy lifting.
1.23 Subd. 3. Transfer. An employer must temporarily transfer a pregnant female
1.24employee to a less strenuous or hazardous position for the duration of her pregnancy if
1.25she so requests, with the advice of her physician, where that transfer can be reasonably
2.1accommodated. However, no employer shall be required by this subdivision to create
2.2additional employment that the employer would not otherwise have created, nor shall
2.3the employer be required to discharge any employee, transfer any employee with more
2.4seniority, or promote any employee who is not qualified to perform the job.
2.5 Subd. 4. Interaction with other laws. Nothing in this section shall be construed to
2.6affect any other provision of law relating to sex discrimination or pregnancy, or in any
2.7way to diminish the coverage of pregnancy, childbirth, or medical conditions related to
2.8pregnancy or childbirth under any other provisions of any other law.
2.9 Sec. 2. Minnesota Statutes 2012, section 181.942, subdivision 1, is amended to read:
2.10 Subdivision 1. Comparable position. (a) An employee returning from a leave of
2.11absence undersection sections
181.941 and 181.9414, is entitled to return to employment
2.12in the employee's former position or in a position of comparable duties, number of hours,
2.13and pay. An employee returning from a leave of absence longer than one month must
2.14notify a supervisor at least two weeks prior to return from leave. An employee returning
2.15from a leave under section181.9412 or,
181.9413, or 181.9414 is entitled to return to
2.16employment in the employee's former position.
2.17(b) If, during a leave under sections181.940 to
181.944 , the employer experiences
2.18a layoff and the employee would have lost a position had the employee not been on
2.19leave, pursuant to the good faith operation of a bona fide layoff and recall system,
2.20including a system under a collective bargaining agreement, the employee is not entitled to
2.21reinstatement in the former or comparable position. In such circumstances, the employee
2.22retains all rights under the layoff and recall system, including a system under a collective
2.23bargaining agreement, as if the employee had not taken the leave.
1.3accommodations for pregnant women;amending Minnesota Statutes 2012,
1.4section 181.942, subdivision 1; proposing coding for new law in Minnesota
1.5Statutes, chapter 181.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [181.9414] PREGNANCY ACCOMMODATIONS AND LEAVE.
1.8 Subdivision 1. 12-week leave; pregnancy. An employer must grant an unpaid leave
1.9of absence to a female employee disabled by pregnancy, childbirth, or related medical
1.10conditions for a reasonable period of time not to exceed 12 weeks. The length of the leave
1.11shall be determined by the employee, but may not exceed 12 weeks, unless agreed to by
1.12the employer. The employee shall be entitled to utilize any accrued vacation or sick leave
1.13during this period of time. "Reasonable period of time" means that period during which
1.14the female employee is disabled on account of pregnancy, childbirth, or related medical
1.15conditions. An employer may require an employee who plans to take a leave pursuant
1.16to this subdivision to give the employer reasonable notice of the date the leave shall
1.17commence and the estimated duration of the leave.
1.18 Subd. 2. Accommodation. An employer must provide reasonable accommodation
1.19for an employee for conditions related to pregnancy, childbirth, or related medical
1.20conditions, if she so requests, with the advice of her health care provider. "Reasonable
1.21accommodation" includes, but is not limited to: seating, frequent restroom breaks, and
1.22limits to heavy lifting.
1.23 Subd. 3. Transfer. An employer must temporarily transfer a pregnant female
1.24employee to a less strenuous or hazardous position for the duration of her pregnancy if
1.25she so requests, with the advice of her physician, where that transfer can be reasonably
2.1accommodated. However, no employer shall be required by this subdivision to create
2.2additional employment that the employer would not otherwise have created, nor shall
2.3the employer be required to discharge any employee, transfer any employee with more
2.4seniority, or promote any employee who is not qualified to perform the job.
2.5 Subd. 4. Interaction with other laws. Nothing in this section shall be construed to
2.6affect any other provision of law relating to sex discrimination or pregnancy, or in any
2.7way to diminish the coverage of pregnancy, childbirth, or medical conditions related to
2.8pregnancy or childbirth under any other provisions of any other law.
2.9 Sec. 2. Minnesota Statutes 2012, section 181.942, subdivision 1, is amended to read:
2.10 Subdivision 1. Comparable position. (a) An employee returning from a leave of
2.11absence under
2.12in the employee's former position or in a position of comparable duties, number of hours,
2.13and pay. An employee returning from a leave of absence longer than one month must
2.14notify a supervisor at least two weeks prior to return from leave. An employee returning
2.15from a leave under section
2.16employment in the employee's former position.
2.17(b) If, during a leave under sections
2.18a layoff and the employee would have lost a position had the employee not been on
2.19leave, pursuant to the good faith operation of a bona fide layoff and recall system,
2.20including a system under a collective bargaining agreement, the employee is not entitled to
2.21reinstatement in the former or comparable position. In such circumstances, the employee
2.22retains all rights under the layoff and recall system, including a system under a collective
2.23bargaining agreement, as if the employee had not taken the leave.
