HF 3073

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/09/2020 05:20pm

A bill for an act
relating to employment; modifying incumbency requirement for pregnancy and
parenting leave; amending Minnesota Statutes 2018, section 181.941, subdivision
1.

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

Section 1.

Minnesota Statutes 2018, section 181.941, subdivision 1, is amended to read:

Subdivision 1.

Twelve-week leave; pregnancy, birth, or adoption.

(a) new text begin Except as
provided in paragraphs (c) and (d), new text end an employer must grant an unpaid leave of absence to
an employee who is:

(1) a biological or adoptive parent in conjunction with the birth or adoption of a child;
or

(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth, or
related health conditions.

(b) The length of the leave shall be determined by the employee, but must not exceed
12 weeks, unless agreed to by the employer.

new text begin (c) Notwithstanding section 181.940, subdivision 2, a female person requesting leave
for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions is
an "employee" for the purposes of paragraph (a), clause (2), subdivisions 2 to 4, and sections
181.940, 181.942, and 181.943, if she performs services for hire for an employee for:
new text end

new text begin (1) at least 90 days but less than 12 months preceding the request; and
new text end

new text begin (2) for an average number of hours per week equal to one-half the full-time equivalent
position in the employee's job classification as defined by the employer's personnel policies
or practices or pursuant to the provisions of a collective bargaining agreement, during the
period immediately preceding the leave.
new text end

new text begin (d) Notwithstanding paragraph (b), the length of leave taken by a female employee
pursuant to paragraph (c) shall be determined by the employee, but must not exceed six
weeks, unless agreed to by the employer.
new text end