HF 2310

as introduced - 89th Legislature (2015 - 2016) Posted on 05/07/2015 09:24am

A bill for an act
relating to health; modifying isolation and quarantine provisions; amending
Minnesota Statutes 2014, section 144.4196.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 144.4196, is amended to read:

144.4196 EMPLOYEE PROTECTION.

Subdivision 1.

Definitions.

For purposes of this section:

(1) "qualifying employee" means a person who performs services for hire in
Minnesota and who has been subject to isolation or quarantine for a communicable disease
as defined in section 144.419, subdivision 1, clause (2) deleted text begin . The term applies to persons who
comply with isolation or quarantine restrictions because of: deleted text end new text begin ;
new text end

new text begin (2) "person isolated or quarantined" means a person who has been subject to isolation
or quarantine for a communicable disease pursuant to section 144.419 or 144.4195, and
whose conditions of isolation or quarantine prohibit or prevent their employment or other
sources of income, or prevent their appearance at public gatherings; and
new text end

new text begin (3) the terms in clauses (1) and (2) apply to persons who comply with isolation or
quarantine restrictions because of:
new text end

(i) a commissioner's directive;

(ii) an order of a federal quarantine officer;

(iii) a state or federal court order; or

(iv) a written recommendation of the commissioner or designee that the person
enter isolation or quarantine; and

deleted text begin (2) deleted text end new text begin (4) new text end "employer" means any person having one or more employees in Minnesota
and includes the state and any political subdivision of the state.

Subd. 2.

Protections.

(a) deleted text begin An employer shall not discharge, discipline, threaten, or
penalize a qualifying employee, or otherwise discriminate in the work terms, conditions,
location, or privileges of the employee, because the employee has been in isolation or
quarantine. deleted text end new text begin In order to mitigate the impacts and hardships encountered by a person
quarantined or isolated in this state, any person isolated or quarantined under subdivision
1, clause (3), shall have the following protections:
new text end

new text begin (1) an employer shall not discharge or discipline a qualifying employee solely
because the employee has been in isolation or quarantine;
new text end

new text begin (2) a qualified employee shall be allowed to work at home during the period of
isolation or quarantine if, following an interactive process between the employer and
qualified employee, such arrangements are reasonable for the employer, in light of the
employee's essential job duties, and do not impose an undue hardship on the employer;
new text end

new text begin (3) all civil court actions shall be stayed during the person's isolation or quarantine,
but only if the isolation or quarantine materially affects the person's ability to appear;
new text end

new text begin (4) the commissioner of commerce shall negotiate with credit reporting bureaus
to waive any negative reports to the person's credit rating during a person's period of
isolation or quarantine; and
new text end

new text begin (5) the commissioner of commerce shall negotiate a federal waiver for federally
guaranteed student loan obligations for persons under isolation or quarantine.
new text end

(b) A qualifying employee claiming a violation of paragraph (a) may bring a civil
action for recovery of lost wages or benefits, for reinstatement, or for other relief within
180 days of the claimed violation or 180 days of the end of the isolation or quarantine,
whichever is later. A qualifying employee who prevails shall be allowed reasonable
attorney fees fixed by the court.

(c) Nothing in this subdivision is intended to alter sick leave or sick pay terms of
the employment relationship. new text begin The period of any isolation or quarantine, as defined in
section 144.419, shall run concurrently with any period of protected leave under federal,
state, and local law. Either the qualified employee or the employer may elect to have the
employee use paid leave benefits for which the employee is eligible under any paid time
off, vacation, paid sick leave, or other paid leave benefit made available by the employer
during the period of isolation or quarantine as defined in section 144.419.
new text end

Subd. 3.

Limitations.

The protections of subdivision 2 do not apply to work
absences due to isolation or quarantine for periods longer than 21 consecutive workdays.
However, absences due to isolation or quarantine for periods longer than 21 consecutive
workdays resulting in loss of employment shall be treated for purposes of unemployment
compensation in the same manner as loss of employment due to a serious illness.

new text begin Subd. 4. new text end

new text begin Implementation of protections. new text end

new text begin A person quarantined under subdivision
1, clause (3), may ask the commissioners of health and commerce for documentation
setting forth the person's conditions of isolation or quarantine to assist the person in their
efforts to obtain the protections specified in subdivision 2. The request may be made by
telephone, in writing, or through a third party.
new text end