HF 3125

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; requiring leaves of absence for the immediate family
members of a seriously injured or killed member of the armed forces; amending
Minnesota Statutes 2005 Supplement, section 192.502, by adding a subdivision;
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 [181.947] LEAVE FOR IMMEDIATE FAMILY MEMBERS OF
MILITARY PERSONNEL INJURED OR KILLED IN ACTIVE SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin In recognition of the commitment and sacrifices that
Minnesotans have made to serve as members of the United States armed forces and the
commitment and sacrifices of the families of those in service, the legislature recognizes
the importance of Minnesota employers accommodating the needs of employees whose
immediate family members are injured or killed while engaged in active service.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Active service" has the meaning given in section 190.05, subdivision 5.
new text end

new text begin (c) "Employee" means a person, independent contractor, or person working for an
independent contractor who performs services for compensation, in whatever form, for
an employer.
new text end

new text begin (d) "Employer" means a person or entity located or doing business in this state
and having one or more employees, and includes the state and all political or other
governmental subdivisions of the state.
new text end

new text begin (e) "Immediate family member" means a person's parent, child, or spouse.
new text end

new text begin Subd. 3. new text end

new text begin Unpaid leave required. new text end

new text begin An employer must grant a leave of absence
without pay to an employee whose immediate family member, as a member of the United
States armed forces, has been injured or killed while engaged in active service. Leave
must be granted for all time necessary to attend to an immediate family member who has
been injured and for all time necessary to attend services for and attend to the affairs of an
immediate family member who has been killed.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin An employee must give as much notice to the employee's employer
as practicable of the employee's intent to exercise the leave guaranteed by this section.
new text end

new text begin Subd. 5. new text end

new text begin Relationship to other leave. new text end

new text begin The length of leave provided under this
section may be reduced by any period of paid leave provided by the employer. Nothing
in this section prevents an employer from providing leave benefits in addition to those
provided in this section or otherwise affects an employee's rights with respect to any
other employment benefits.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 192.502, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Unpaid leave for families of injured or deceased military members.
new text end

new text begin Employees are entitled to unpaid leave, as required by section 181.947, when an
immediate family member, as a member of the United States armed forces, has been
injured or killed while engaged in active service.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2006, and apply to the immediate family
members of military personnel injured or killed on or after that date, as well as to the
immediate family members of military personnel who, on July 1, 2006, are recovering
from injuries that occurred prior to that date.
new text end