HF 260

as introduced - 91st Legislature (2019 - 2020) Posted on 01/31/2019 04:00pm

A bill for an act
relating to employment; providing paid leave for employees who are affected by
domestic abuse or sexual assault; proposing coding for new law in Minnesota
Statutes, chapter 181.

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

Section 1.

new text begin [181.9457] LEAVE; DOMESTIC ABUSE OR SEXUAL ASSAULT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given to them.
new text end

new text begin (b) "Employee" means a person who performs services for hire for an employer, for an
average of 20 or more hours per week, and includes all individuals employed at any site
owned or operated by an employer. Employee does not include an independent contractor.
new text end

new text begin (c) "Employer" means a person or entity that employs ten or more employees at at least
one site and includes an individual, corporation, partnership, association, nonprofit
organization, group of persons, state, county, town, city, school district, or other governmental
subdivision.
new text end

new text begin (d) "Domestic abuse" has the meaning given in section 518B.01.
new text end

new text begin (e) "Sexual assault" means an act that constitutes a violation under sections 609.342 to
609.3453 or section 609.352.
new text end

new text begin Subd. 2. new text end

new text begin Leave. new text end

new text begin An employer must grant a paid leave of absence of up to 40 work hours
in a calendar year to an employee who is a victim of or a parent or guardian of a minor child
who is a victim of sexual assault or domestic abuse. The use and timing of the available 40
hours of paid leave shall be determined by the employee. An employer may require an
employee requesting leave under this section to provide documentation verifying that the
employee is a person affected by domestic abuse or sexual assault.
new text end

new text begin Subd. 3. new text end

new text begin No employer sanctions. new text end

new text begin An employer shall not retaliate against an employee
for requesting or obtaining a leave of absence as provided by this section.
new text end

new text begin Subd. 4. new text end

new text begin Admission of evidence. new text end

new text begin In a criminal trial or hearing, evidence that an employee
who is a victim of sexual assault or domestic abuse exercised the employee's rights under
this section is not admissible unless the probative value of the evidence substantially
outweighs its prejudicial nature.
new text end

new text begin Subd. 5. new text end

new text begin Relationship to other leave. new text end

new text begin This section does not prevent an employer from
providing leave in addition to leave allowed under this chapter, including but not limited
to safety leave allowed under section 181.9413. This section does not affect an employee's
rights with respect to any other employment benefit.
new text end