SF 1379

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/22/2016 08:40am

A bill for an act
relating to health; changing quarantine provisions; amending Minnesota Statutes
2014, sections 144.419, subdivision 1; 144.4196, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2014, section 144.419, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of sections 144.419 to 144.4196, the
following definitions apply:

(1) "bioterrorism" means the intentional use of any microorganism, virus, infectious
substance, or biological product that may be engineered as a result of biotechnology, or
any naturally occurring or bioengineered component of any such microorganism, virus,
infectious substance, or biological product, to cause death, disease, or other biological
malfunction in a human, an animal, a plant, or another living organism in order to
influence the conduct of government or to intimidate or coerce a civilian population;

(2) "communicable disease" means deleted text begin a disease caused by a living organism or virus and
believed to be deleted text end new text begin viral hemorrhagic fevers, severe acute respiratory syndromes, influenza that
can cause a pandemic, or a disease new text end caused by bioterrorism or a new or novel or previously
controlled or eradicated infectious agent or biological toxin that can be transmitted person
to person and for which isolation or quarantine is an effective control strategy, excluding a
disease that is directly transmitted as defined under section 144.4172, subdivision 5;

(3) "isolation" means separation, during the period of communicability, of a person
infected with a communicable disease, in a place and under conditions so as to prevent
direct or indirect transmission of an infectious agent to others; and

(4) "quarantine" means restriction, during a period of communicability, of activities
or travel of an otherwise healthy person who likely has been exposed to a communicable
disease to prevent disease transmission during the period of communicability in the event
the person is infected.

Sec. 2.

Minnesota Statutes 2014, section 144.4196, subdivision 1, is amended to read:

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 new text begin , or has responsibility for
the care of an individual under subdivision 2 who is subject to isolation or quarantine, new text end for
a communicable disease as defined in section 144.419, subdivision 1, clause (2). The term
applies to persons who comply with isolation or quarantine restrictions because of:

(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

(2) "employer" means any person having one or more employees in Minnesota and
includes the state and any political subdivision of the state.

Sec. 3.

Minnesota Statutes 2014, section 144.4196, subdivision 2, is amended to read:

Subd. 2.

Protections.

(a) 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 new text begin :
new text end

new text begin (1) new text end has been in isolation or quarantine new text begin ; or
new text end

new text begin (2)(i) is not in isolation or quarantine but has responsibility for the care of a person
in isolation or quarantine who is a minor or an adult family member who is a disabled
vulnerable adult; and
new text end

new text begin (ii) has assumed responsibility for all or a portion of the care voluntarily, by
contract, or by agreement 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.