1.1 	A bill for an act
1.2 	relating to employment; providing for paid family, pregnancy, bonding, and 
1.3 	applicant's serious medical condition benefits; regulating and requiring certain 
1.4 	employment leaves; classifying certain data; authorizing rulemaking; appropriating 
1.5 	money;amending Minnesota Statutes 2018, sections 13.719, by adding a 
1.6 	subdivision; 177.27, subdivision 4; 181.032; 256J.561, by adding a subdivision; 
1.7 	256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.19, subdivision 1; 
1.8 	290.0132, by adding a subdivision; proposing coding for new law as Minnesota 
1.9 	Statutes, chapter 268B.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	ARTICLE 1
1.12 	FAMILY AND MEDICAL BENEFITS

1.13 	Section 1. Minnesota Statutes 2018, section 13.719, is amended by adding a subdivision 
1.14 	to read:
1.15 		Subd. 7.Family and medical insurance data. (a) For the purposes of this subdivision, 
1.16 	the terms used have the meanings given them in section 268B.01.
1.17 	(b) Data on applicants, family members, or employers under chapter 268B are private 
1.18 	or nonpublic data, provided that the department may share data collected from applicants 
1.19 	with employers or health care providers to the extent necessary to meet the requirements 
1.20 	of chapter 268B or other applicable law.
1.21 	(c) The department and the Department of Labor and Industry may share data classified 
1.22 	under paragraph (b) to the extent necessary to meet the requirements of chapter 268B or 
1.23 	the Department of Labor and Industry's enforcement authority over chapter 268B, as provided 
1.24 	in section 177.27.

2.1 	Sec. 2. Minnesota Statutes 2018, section 177.27, subdivision 4, is amended to read:
2.2 		Subd. 4.Compliance orders. The commissioner may issue an order requiring an 
2.3 	employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 
2.4 	181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, 
2.5 	subdivision 2a, 181.722, 181.79, and 181.939 to 181.943, 268B.09, subdivisions 1 to 6, and 
2.6 	268B.12, subdivision 2, or with any rule promulgated under section 177.28. The 
2.7 	commissioner shall issue an order requiring an employer to comply with sections 177.41 
2.8 	to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is 
2.9 	repeated if at any time during the two years that preceded the date of violation, the 
2.10 	commissioner issued an order to the employer for violation of sections 177.41 to 177.435 
2.11 	and the order is final or the commissioner and the employer have entered into a settlement 
2.12 	agreement that required the employer to pay back wages that were required by sections 
2.13 	177.41 to 177.435. The department shall serve the order upon the employer or the employer's 
2.14 	authorized representative in person or by certified mail at the employer's place of business. 
2.15 	An employer who wishes to contest the order must file written notice of objection to the 
2.16 	order with the commissioner within 15 calendar days after being served with the order. A 
2.17 	contested case proceeding must then be held in accordance with sections 14.57 to 14.69. 
2.18 	If, within 15 calendar days after being served with the order, the employer fails to file a 
2.19 	written notice of objection with the commissioner, the order becomes a final order of the 
2.20 	commissioner.

2.21 	Sec. 3. Minnesota Statutes 2018, section 181.032, is amended to read:
2.22 	181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.
2.23 	(a) At the end of each pay period, the employer shall provide each employee an earnings 
2.24 	statement, either in writing or by electronic means, covering that pay period. An employer 
2.25 	who chooses to provide an earnings statement by electronic means must provide employee 
2.26 	access to an employer-owned computer during an employee's regular working hours to 
2.27 	review and print earnings statements, and must make statements available for review or 
2.28 	printing for a period of at least 12 months.
2.29 	(b) The earnings statement may be in any form determined by the employer but must 
2.30 	include:
2.31 	(1) the name of the employee;
2.32 	(2) the hourly rate of pay (if applicable);
2.33 	(3) the total number of hours worked by the employee unless exempt from chapter 177;
3.1 	(4) the total amount of gross pay earned by the employee during that period;
3.2 	(5) a list of deductions made from the employee's pay;
3.3 	(6) any amount deducted by the employer under section 268B.12, subdivision 2, and 
3.4 	the amount paid by the employer based on the employee's wages under section 268B.12, 
3.5 	subdivision 1;
3.6 	(6) (7) the net amount of pay after all deductions are made;
3.7 	(7) (8) the date on which the pay period ends; and
3.8 	(8) (9) the legal name of the employer and the operating name of the employer if different 
3.9 	from the legal name.
3.10 	(c) An employer must provide earnings statements to an employee in writing, rather 
3.11 	than by electronic means, if the employer has received at least 24 hours notice from an 
3.12 	employee that the employee would like to receive earnings statements in written form. Once 
3.13 	an employer has received notice from an employee that the employee would like to receive 
3.14 	earnings statements in written form, the employer must comply with that request on an 
3.15 	ongoing basis.

3.16 	Sec. 4. Minnesota Statutes 2018, section 268.19, subdivision 1, is amended to read:
3.17 		Subdivision 1.Use of data. (a) Except as provided by this section, data gathered from 
3.18 	any person under the administration of the Minnesota Unemployment Insurance Law are 
3.19 	private data on individuals or nonpublic data not on individuals as defined in section 13.02, 
3.20 	subdivisions 9 and 12, and may not be disclosed except according to a district court order 
3.21 	or section 13.05. A subpoena is not considered a district court order. These data may be 
3.22 	disseminated to and used by the following agencies without the consent of the subject of 
3.23 	the data:
3.24 	(1) state and federal agencies specifically authorized access to the data by state or federal 
3.25 	law;
3.26 	(2) any agency of any other state or any federal agency charged with the administration 
3.27 	of an unemployment insurance program;
3.28 	(3) any agency responsible for the maintenance of a system of public employment offices 
3.29 	for the purpose of assisting individuals in obtaining employment;
3.30 	(4) the public authority responsible for child support in Minnesota or any other state in 
3.31 	accordance with section 256.978;
4.1 	(5) human rights agencies within Minnesota that have enforcement powers;
4.2 	(6) the Department of Revenue to the extent necessary for its duties under Minnesota 
4.3 	laws;
4.4 	(7) public and private agencies responsible for administering publicly financed assistance 
4.5 	programs for the purpose of monitoring the eligibility of the program's recipients;
4.6 	(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the 
4.7 	Department of Commerce for uses consistent with the administration of their duties under 
4.8 	Minnesota law;
4.9 	(9) the Department of Human Services and the Office of Inspector General and its agents 
4.10 	within the Department of Human Services, including county fraud investigators, for 
4.11 	investigations related to recipient or provider fraud and employees of providers when the 
4.12 	provider is suspected of committing public assistance fraud;
4.13 	(10) local and state welfare agencies for monitoring the eligibility of the data subject 
4.14 	for assistance programs, or for any employment or training program administered by those 
4.15 	agencies, whether alone, in combination with another welfare agency, or in conjunction 
4.16 	with the department or to monitor and evaluate the statewide Minnesota family investment 
4.17 	program by providing data on recipients and former recipients of food stamps or food 
4.18 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under 
4.19 	chapter 119B, or medical programs under chapter 256B or 256L or formerly codified under 
4.20 	chapter 256D;
4.21 	(11) local and state welfare agencies for the purpose of identifying employment, wages, 
4.22 	and other information to assist in the collection of an overpayment debt in an assistance 
4.23 	program;
4.24 	(12) local, state, and federal law enforcement agencies for the purpose of ascertaining 
4.25 	the last known address and employment location of an individual who is the subject of a 
4.26 	criminal investigation;
4.27 	(13) the United States Immigration and Customs Enforcement has access to data on 
4.28 	specific individuals and specific employers provided the specific individual or specific 
4.29 	employer is the subject of an investigation by that agency;
4.30 	(14) the Department of Health for the purposes of epidemiologic investigations;
4.31 	(15) the Department of Corrections for the purposes of case planning and internal research 
4.32 	for preprobation, probation, and postprobation employment tracking of offenders sentenced 
5.1 	to probation and preconfinement and postconfinement employment tracking of committed 
5.2 	offenders;
5.3 	(16) the state auditor to the extent necessary to conduct audits of job opportunity building 
5.4 	zones as required under section 469.3201; and
5.5 	(17) the Office of Higher Education for purposes of supporting program improvement, 
5.6 	system evaluation, and research initiatives including the Statewide Longitudinal Education 
5.7 	Data System.; and
5.8 	(18) the Family and Medical Benefits Division of the Department of Employment and 
5.9 	Economic Development to be used as necessary to administer chapter 268B.
5.10 	(b) Data on individuals and employers that are collected, maintained, or used by the 
5.11 	department in an investigation under section 268.182 are confidential as to data on individuals 
5.12 	and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 
5.13 	and 13, and must not be disclosed except under statute or district court order or to a party 
5.14 	named in a criminal proceeding, administrative or judicial, for preparation of a defense.
5.15 	(c) Data gathered by the department in the administration of the Minnesota unemployment 
5.16 	insurance program must not be made the subject or the basis for any suit in any civil 
5.17 	proceedings, administrative or judicial, unless the action is initiated by the department.

5.18 	Sec. 5. [268B.01] DEFINITIONS.
5.19 		Subdivision 1.Scope. For the purposes of this chapter, the terms defined in this section 
5.20 	have the meanings given them.
5.21 		Subd. 2.Account. "Account" means the family and medical benefit insurance account 
5.22 	in the special revenue fund in the state treasury under section 268B.02.
5.23 		Subd. 3.Applicant. "Applicant" means an individual applying for leave with benefits 
5.24 	under this chapter.
5.25 		Subd. 4.Applicant's average weekly wage. "Applicant's average weekly wage" means 
5.26 	an amount equal to the applicant's high quarter wage credits divided by 13.
5.27 		Subd. 5.Benefit. "Benefit" or "benefits" mean monetary payments under this chapter 
5.28 	associated with qualifying bonding, family care, pregnancy, serious health condition, 
5.29 	qualifying exigency, or safety leave events, unless otherwise indicated by context.
5.30 		Subd. 6.Benefit year. "Benefit year" means a period of 52 consecutive calendar weeks 
5.31 	beginning on the first day of a leave approved for benefits under this chapter.
6.1 		Subd. 7.Bonding. "Bonding" means time spent by an applicant who is a biological, 
6.2 	adoptive, or foster parent with a biological, adopted, or foster child in conjunction with the 
6.3 	child's birth, adoption, or placement.
6.4 		Subd. 8.Calendar day. "Calendar day" or "day" means a fixed 24-hour period 
6.5 	corresponding to a single calendar date.
6.6 		Subd. 9.Calendar week. "Calendar week" means a period of seven consecutive calendar 
6.7 	days.
6.8 		Subd. 10.Commissioner. "Commissioner" means the commissioner of employment 
6.9 	and economic development, unless otherwise indicated by context.
6.10 		Subd. 11.Continuing treatment. A serious health condition involving continuing 
6.11 	treatment by a health care provider includes any one or more of the following:
6.12 	(1) a period of incapacity of more than three consecutive, full calendar days, and any 
6.13 	subsequent treatment or period of incapacity relating to the same condition, that also involves:
6.14 	(i) treatment two or more times within 30 calendar days of the first day of incapacity, 
6.15 	unless extenuating circumstances exist, by a health care provider; or
6.16 	(ii) treatment by a health care provider on at least one occasion that results in a regimen 
6.17 	of continuing treatment under the supervision of the health care provider;
6.18 	(2) any period of incapacity or treatment for such incapacity due to a chronic serious 
6.19 	health condition. A chronic serious health condition is one that:
6.20 	(i) requires periodic visits, defined as at least twice per year, for treatment for the 
6.21 	incapacity by a health care provider;
6.22 	(ii) continues over an extended period of time, including recurring episodes of a single 
6.23 	underlying condition; and
6.24 	(iii) may cause episodic rather than a continuing period of incapacity;
6.25 	(3) a period of incapacity that is long-term due to a condition for which treatment may 
6.26 	not be effective, with the employee or family member under the supervision of, but not 
6.27 	necessarily receiving active treatment by a health care provider; and
6.28 	(4) any period of absence to receive multiple treatments by a health care provider, 
6.29 	including any period of recovery therefrom, for:
6.30 	(i) restorative surgery after an accident or other injury; or
7.1 	(ii) a condition that would likely result in a period of incapacity of more than seven 
7.2 	consecutive, calendar days in the absence of medical intervention or treatment, such as 
7.3 	cancer, severe arthritis, or kidney disease.
7.4 		Subd. 12.Covered employment. "Covered employment" has the meaning given in 
7.5 	section 268.035, subdivision 12.
7.6 		Subd. 13.Day. "Day" means an eight-hour period.
7.7 		Subd. 14.Department. "Department" means the Department of Employment and 
7.8 	Economic Development, unless otherwise indicated by context.
7.9 		Subd. 15.Employee. "Employee" means an individual for whom premiums are paid on 
7.10 	wages under this chapter.
7.11 		Subd. 16.Employer. "Employer" means a person or entity, other than an employee, 
7.12 	required to pay premiums under this chapter, except that a self-employed individual who 
7.13 	has elected and been approved for coverage under section 268B.11 is not considered an 
7.14 	employer with regard to the self-employed individual's own coverage and benefits.
7.15 		Subd. 17.Estimated self-employment income. "Estimated self-employment income" 
7.16 	means a self-employed individual's average net earnings from self-employment in the two 
7.17 	most recent taxable years. For a self-employed individual who had net earnings from 
7.18 	self-employment in only one of the years, the individual's estimated self-employment income 
7.19 	equals the individual's net earnings from self-employment in the year in which the individual 
7.20 	had net earnings from self-employment.
7.21 		Subd. 18.Family benefit program. "Family benefit program" means the program 
7.22 	administered under this chapter for the collection of premiums and payment of benefits 
7.23 	related to family care, bonding, safety leave, and leave related to a qualifying exigency.
7.24 		Subd. 19.Family care. "Family care" means an applicant caring for a family member 
7.25 	with a serious health condition or caring for a family member who is a covered service 
7.26 	member.
7.27 		Subd. 20.Family member. (a) "Family member" means an employee's child, adult 
7.28 	child, spouse, sibling, parent, parent-in-law, grandchild, grandparent, stepparent, member 
7.29 	of the employee's household, or an individual described in paragraph (e).
7.30 	(b) For the purposes of this chapter, a child includes a stepchild, biological, adopted, or 
7.31 	foster child of the employee.
8.1 	(c) For the purposes of this chapter, a grandchild includes a step-grandchild, biological, 
8.2 	adopted, or foster grandchild of the employee.
8.3 	(d) For the purposes of this chapter, an individual is a member of the employee's 
8.4 	household if the individual has resided at the same address as the employee for at least one 
8.5 	year as of the first day of a leave under this chapter.
8.6 	(e) For the purposes of this chapter, an individual with a serious health condition is 
8.7 	deemed a family member of the employee if (1) a health care provider certifies in writing 
8.8 	that the individual requires care relating to the serious health condition, and (2) the employee 
8.9 	and the care recipient certify in writing that the employee will be providing the required 
8.10 	care.
8.11 		Subd. 21.Health care provider. "Health care provider" means an individual who is 
8.12 	licensed, certified, or otherwise authorized under law to practice in the individual's scope 
8.13 	of practice as a physician, osteopath, physician assistant, chiropractor, advanced practice 
8.14 	registered nurse, optometrist, licensed psychologist, licensed independent clinical social 
8.15 	worker, dentist, or podiatrist. "Chiropractor" means only a chiropractor who provides manual 
8.16 	manipulation of the spine to correct a subluxation demonstrated to exist by an x-ray.
8.17 		Subd. 22.High quarter. "High quarter" has the meaning given in section 268.035, 
8.18 	subdivision 19.
8.19 		Subd. 23.Independent contractor. An individual is an independent contractor and not 
8.20 	an employee of the person for whom the individual is performing services in the course of 
8.21 	the person's trade, business, profession, or occupation only if:
8.22 	(1) the individual maintains a separate business with the individual's own office, 
8.23 	equipment, materials, and other facilities;
8.24 	(2) the individual:
8.25 	(i) holds or has applied for a federal employer identification number; or
8.26 	(ii) has filed business or self-employment income tax returns with the federal Internal 
8.27 	Revenue Service if the individual has performed services in the previous year;
8.28 	(3) the individual  is operating under contract to perform the specific services for the 
8.29 	person for specific amounts of money and under which the individual controls the means 
8.30 	of performing the services;
8.31 	(4) the individual is incurring the main expenses related to the services that the individual 
8.32 	is performing for the person under the contract;
9.1 	(5) the individual is responsible for the satisfactory completion of the services that the 
9.2 	individual has contracted to perform for the person and is liable for a failure to complete 
9.3 	the services;
9.4 	(6) the individual receives compensation from the person for the services performed 
9.5 	under the contract on a commission or per-job or competitive bid basis and not on any other 
9.6 	basis;
9.7 	(7) the individual may realize a profit or suffer a loss under the contract to perform 
9.8 	services for the person;
9.9 	(8) the individual has continuing or recurring business liabilities or obligations; and
9.10 	(9) the success or failure of the individual's business depends on the relationship of 
9.11 	business receipts to expenditures.
9.12 		Subd. 24.Inpatient care. "Inpatient care" means an overnight stay in a hospital, hospice, 
9.13 	or residential medical care facility, including any period of incapacity defined under 
9.14 	subdivision 33, paragraph (b), or any subsequent treatment in connection with such inpatient 
9.15 	care.
9.16 		Subd. 25.Maximum weekly benefit amount. "Maximum weekly benefit amount" 
9.17 	means the state's average weekly wage as calculated under section 268.035, subdivision 23.
9.18 		Subd. 26.Medical benefit program. "Medical benefit program" means the program 
9.19 	administered under this chapter for the collection of premiums and payment of benefits 
9.20 	related to an applicant's serious health condition or pregnancy.
9.21 		Subd. 27.Net earnings from self-employment. "Net earnings from self-employment" 
9.22 	has the meaning given in section 1402 of the Internal Revenue Code, as defined in section 
9.23 	290.01, subdivision 31.
9.24 		Subd. 28.Noncovered employment. "Noncovered employment" has the meaning given 
9.25 	in section 268.035, subdivision 20.
9.26 		Subd. 29.Pregnancy. "Pregnancy" means prenatal care or incapacity due to pregnancy, 
9.27 	or recovery from childbirth, still birth, miscarriage, or related health conditions.
9.28 		Subd. 30.Qualifying exigency. (a) "Qualifying exigency" means a need arising out of 
9.29 	a military member's active duty service or notice of an impending call or order to active 
9.30 	duty in the United States armed forces, including providing for the care or other needs of 
9.31 	the family member's child or other dependent, making financial or legal arrangements for 
9.32 	the family member, attending counseling, attending military events or ceremonies, spending 
10.1 	time with the family member during a rest and recuperation leave or following return from 
10.2 	deployment, or making arrangements following the death of the military member.
10.3 	(b) For the purposes of this chapter, a "military member" means a current or former 
10.4 	member of the United States armed forces, including a member of the National Guard or 
10.5 	reserves, who, except for a deceased military member, is a resident of the state and is a 
10.6 	family member of the employee taking leave related to the qualifying exigency.
10.7 		Subd. 31.Safety leave. "Safety leave" means leave from work because of domestic 
10.8 	abuse, sexual assault, or stalking of the employee or employee's family member, provided 
10.9 	the leave is to:
10.10 	(1) seek medical attention related to the physical or psychological injury or disability 
10.11 	caused by domestic abuse, sexual assault, or stalking;
10.12 	(2) obtain services from a victim services organization;
10.13 	(3) obtain psychological or other counseling;
10.14 	(4) seek relocation due to the domestic abuse, sexual assault, or stalking; or
10.15 	(5) seek legal advice or take legal action, including preparing for or participating in any 
10.16 	civil or criminal legal proceeding related to, or resulting from, the domestic abuse, sexual 
10.17 	assault, or stalking.
10.18 		Subd. 32.Self-employed individual. "Self-employed individual" means a resident of 
10.19 	the state who, in one of the two taxable years preceding the current calendar year, derived 
10.20 	at least $10,000 in net earnings from self-employment from an entity other than an S 
10.21 	corporation for the performance of services in this state.
10.22 		Subd. 33.Self-employment premium base. "Self-employment premium base" means 
10.23 	the lesser of:
10.24 	(1) a self-employed individual's estimated self-employment income for the calendar year 
10.25 	plus the individual's self-employment wages in the calendar year; or
10.26 	(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability 
10.27 	Insurance tax in the taxable year.
10.28 		Subd. 34.Self-employment wages. "Self-employment wages" means the amount of 
10.29 	wages that a self-employed individual earned in the calendar year from an entity from which 
10.30 	the individual also received net earnings from self-employment.
10.31 		Subd. 35.Serious health condition. (a) "Serious health condition" means an illness, 
10.32 	injury, impairment, or physical or mental condition that involves inpatient care as defined 
11.1 	in subdivision 24 or continuing treatment by a health care provider as defined in subdivision 
11.2 	11.
11.3 	(b) "Incapacity" means inability to work, attend school, or perform other regular daily 
11.4 	activities due to the serious health condition, treatment therefore, or recovery therefrom.
11.5 	(c) Treatment includes but is not limited to examinations to determine if a serious health 
11.6 	condition exists and evaluations of the condition. Treatment does not include routine physical 
11.7 	examinations, eye examinations, or dental examinations. A regimen of continuing treatment 
11.8 	includes, for example, a course of prescription medication or therapy requiring special 
11.9 	equipment to resolve or alleviate the health condition. A regimen of continuing treatment 
11.10 	that includes taking over-the-counter medications such as aspirin, antihistamines, or salves; 
11.11 	or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without 
11.12 	a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of 
11.13 	continuing treatment for purposes of leave or benefits under this chapter.
11.14 	(d) Conditions for which cosmetic treatments are administered, such as most treatments 
11.15 	for acne or plastic surgery, are not serious health conditions unless inpatient hospital care 
11.16 	is required or unless complications develop. Ordinarily, unless complications arise, the 
11.17 	common cold, the flu, earaches, upset stomach, minor ulcers, headaches other than migraine, 
11.18 	routine dental or orthodontia problems, periodontal disease, and the like are examples of 
11.19 	conditions that do not meet the definition of a serious health condition and do not qualify 
11.20 	for leave or benefits under this chapter. Restorative dental or plastic surgery after an injury 
11.21 	or removal of a cancerous growth are serious health conditions provided all the other 
11.22 	conditions of this subdivision are met. Mental illness or allergies may be serious health 
11.23 	conditions if all of the conditions of this subdivision are met.
11.24 		Subd. 36.State's average weekly wage. "State's average weekly wage" means the 
11.25 	weekly wage calculated under section 268.035, subdivision 23.
11.26 		Subd. 37.Taxable year. "Taxable year" has the meaning given in section 290.01, 
11.27 	subdivision 9.
11.28 		Subd. 38.Wage credits. "Wage credits" has the meaning given in section 268.035, 
11.29 	subdivision 27.

11.30 	Sec. 6. [268B.02] FAMILY AND MEDICAL BENEFIT INSURANCE PROGRAM 
11.31 	CREATION.
11.32 		Subdivision 1.Creation. A family and medical benefit insurance program is created to 
11.33 	be administered by the commissioner according to the terms of this chapter.
12.1 		Subd. 2.Creation of division. A Family and Medical Benefit Insurance Division is 
12.2 	created within the department under the authority of the commissioner. The commissioner 
12.3 	shall appoint a director of the division. The division shall administer and operate the benefit 
12.4 	program under this chapter.
12.5 		Subd. 3.Rulemaking. The commissioner may adopt rules to implement the provisions 
12.6 	of this chapter.
12.7 		Subd. 4.Account creation; appropriation. The family and medical benefit insurance 
12.8 	account is created in the special revenue fund in the state treasury. Money in this account 
12.9 	is appropriated to the commissioner to pay benefits under and to administer this chapter.
12.10 		Subd. 5.Information technology services and equipment. The department is exempt 
12.11 	from the provisions of section 16E.016 for the purposes of this chapter.

12.12 	Sec. 7. [268B.03] ELIGIBILITY.
12.13 		Subdivision 1.Applicant. An applicant who has a serious health condition, has a 
12.14 	qualifying exigency, is taking safety leave, is providing family care, is bonding, or is pregnant 
12.15 	or recovering from pregnancy, and who satisfies the conditions of this section is eligible to 
12.16 	receive benefits subject to the provisions of this chapter.
12.17 		Subd. 2.Wage credits. An applicant must have sufficient wage credits from an employer 
12.18 	or employers as defined in section 268B.01, subdivision 16, to establish a benefit account 
12.19 	under section 268.07, subdivision 2.
12.20 		Subd. 3.Seven-day qualifying event. (a) The period for which an applicant is seeking 
12.21 	benefits must be or have been based on a single event of at least seven calendar days' duration 
12.22 	related to pregnancy, recovery from pregnancy, family care, a qualifying exigency, safety 
12.23 	leave, or the applicant's serious health condition. The days need not be consecutive.
12.24 	(b) Benefits related to bonding need not meet the seven-day qualifying event requirement.
12.25 	(c) The commissioner must use the rulemaking authority under section 268B.02, 
12.26 	subdivision 3, to adopt rules regarding what serious health conditions and other events are 
12.27 	prospectively presumed to constitute seven-day qualifying events under this chapter.
12.28 		Subd. 4.Ineligible. (a) An applicant is not eligible for benefits for any portion of a day 
12.29 	for which the applicant worked for pay.
12.30 	(b) An applicant is not eligible for benefits for any day for which the applicant received 
12.31 	benefits under chapter 176 or 268.
13.1 		Subd. 5.Certification. An applicant for benefits under this chapter must fulfill the 
13.2 	certification requirements under section 268B.04, subdivision 2.
13.3 		Subd. 6.Records release. An individual whose medical records are necessary to 
13.4 	determine eligibility for benefits under this chapter must sign and date a legally effective 
13.5 	waiver authorizing release of medical or other records, to the limited extent necessary to 
13.6 	administer or enforce this chapter, to the department and the Department of Labor and 
13.7 	Industry.
13.8 		Subd. 7.Self-employed individual applicant. To fulfill the requirements of this section, 
13.9 	a self-employed individual who has elected and been approved for coverage under section 
13.10 	268B.011 must fulfill only the requirements of subdivisions 3, 4, 5, and 6.

13.11 	Sec. 8. [268B.04] APPLICATIONS.
13.12 		Subdivision 1.Process; deadline. Applicants must file a benefit claim pursuant to rules 
13.13 	promulgated by the commissioner within 90 calendar days of the related qualifying event. 
13.14 	If a claim is filed more than 90 calendar days after the start of leave, the covered individual 
13.15 	may receive reduced benefits. All claims shall include a certification supporting a request 
13.16 	for leave under this chapter. The commissioner must establish good cause exemptions from 
13.17 	the certification requirement deadline in the event that a serious health condition of the 
13.18 	applicant prevents the applicant from providing the required certification within the 90 
13.19 	calendar days.
13.20 		Subd. 2.Certification. (a) Certification for an applicant taking leave related to the 
13.21 	applicant's serious health condition shall be sufficient if the certification states the date on 
13.22 	which the serious health condition began, the probable duration of the condition, and the 
13.23 	appropriate medical facts within the knowledge of the health care provider as required by 
13.24 	the commissioner.
13.25 	(b) Certification for an applicant taking leave to care for a family member with a serious 
13.26 	health condition shall be sufficient if the certification states the date on which the serious 
13.27 	health condition commenced, the probable duration of the condition, the appropriate medical 
13.28 	facts within the knowledge of the health care provider as required by the commissioner, a 
13.29 	statement that the family member requires care, and an estimate of the amount of time that 
13.30 	the family member will require care.
13.31 	(c) Certification for an applicant taking leave related to pregnancy shall be sufficient if 
13.32 	the certification states the expected due date and recovery period based on appropriate 
13.33 	medical facts within the knowledge of the health care provider.
14.1 	(d) Certification for an applicant taking bonding leave because of the birth of the 
14.2 	applicant's child shall be sufficient if the certification includes either the child's birth 
14.3 	certificate or a document issued by the health care provider of the child or the health care 
14.4 	provider of the person who gave birth, stating the child's birth date.
14.5 	(e) Certification for an applicant taking bonding leave because of the placement of a 
14.6 	child with the applicant for adoption or foster care shall be sufficient if the applicant provides 
14.7 	a document issued by the health care provider of the child, an adoption or foster care agency 
14.8 	involved in the placement, or by other individuals as determined by the commissioner that 
14.9 	confirms the placement and the date of placement. To the extent that the status of an applicant 
14.10 	as an adoptive or foster parent changes while an application for benefits is pending, or while 
14.11 	the covered individual is receiving benefits, the applicant must notify the department of 
14.12 	such change in status in writing.
14.13 	(f) Certification for an applicant taking leave because of a qualifying exigency shall be 
14.14 	sufficient if the certification includes:
14.15 	(1) a copy of the family member's active-duty orders;
14.16 	(2) other documentation issued by the United States armed forces; or
14.17 	(3) other documentation permitted by the commissioner.
14.18 	(g) Certification for an applicant taking safety leave is sufficient if the certification 
14.19 	includes a court record or documentation signed by a volunteer or employee of a victim's 
14.20 	services organization, an attorney, a police officer, or an antiviolence counselor. The 
14.21 	commissioner must not require disclosure of details relating to an applicant's or applicant's 
14.22 	family member's domestic abuse, sexual assault, or stalking.
14.23 	(h) Certifications under paragraphs (a) to (e) must be reviewed and signed by a health 
14.24 	care provider with knowledge of the qualifying event associated with the leave.
14.25 	(i) For a leave taken on an intermittent or reduced-schedule basis, based on a serious 
14.26 	health condition of an applicant or applicant's family member, the certification under this 
14.27 	subdivision must include an explanation of how such leave would be medically beneficial 
14.28 	to the individual with the serious health condition.

14.29 	Sec. 9. [268B.05] DETERMINATION OF APPLICATION.
14.30 	Upon the filing of a complete application for benefits, the commissioner shall examine 
14.31 	the application and on the basis of facts found by the commissioner and records maintained 
14.32 	by the department, the applicant shall be determined to be eligible or ineligible within two 
15.1 	weeks. If the application is determined to be valid, the commissioner shall promptly notify 
15.2 	the applicant and any other interested party as to the week when benefits commence, the 
15.3 	weekly benefit amount payable, and the maximum duration of those benefits. If the 
15.4 	application is determined to be invalid, the commissioner shall notify the applicant and any 
15.5 	other interested party of that determination and the reasons for it. If the processing of the 
15.6 	application is delayed for any reason, the commissioner shall notify the applicant, in writing, 
15.7 	within two weeks of the date the application for benefits is filed of the reason for the delay. 
15.8 	Unless the applicant or any other interested party, within 30 calendar days, requests a hearing 
15.9 	before a benefit judge, the determination is final. For good cause shown, the 30-day period 
15.10 	may be extended. At any time within one year from the date of a monetary determination, 
15.11 	the commissioner, upon request of the applicant or on the commissioner's own initiative, 
15.12 	may reconsider the determination if it is found that an error in computation or identity has 
15.13 	occurred in connection with the determination or that additional wages pertinent to the 
15.14 	applicant's status have become available, or if that determination has been made as a result 
15.15 	of a nondisclosure or misrepresentation of a material fact.

15.16 	Sec. 10. [268B.06] EMPLOYER NOTIFICATION.
15.17 	(a) Upon a determination under section 268B.05 that an applicant is entitled to benefits, 
15.18 	the commissioner must promptly send a notification to each current employer of the applicant, 
15.19 	if any, in accordance with paragraph (b).
15.20 	(b) The notification under paragraph (a) must include, at a minimum:
15.21 	(1) the name of the applicant;
15.22 	(2) that the applicant has applied for and received benefits;
15.23 	(3) the week the benefits commence;
15.24 	(4) the weekly benefit amount payable;
15.25 	(5) the maximum duration of benefits; and
15.26 	(6) descriptions of the employer's right to participate in a hearing under section 268B.05, 
15.27 	and appeal process under section 268B.07.

15.28 	Sec. 11. [268B.07] APPEAL PROCESS.
15.29 		Subdivision 1.Hearing. (a) The commissioner shall designate a chief benefit judge.
15.30 	(b) Upon a timely appeal to a determination having been filed or upon a referral for 
15.31 	direct hearing, the chief benefit judge must set a time and date for a de novo due-process 
16.1 	hearing and send notice to an applicant and an employer, by mail or electronic transmission, 
16.2 	not less than ten calendar days before the date of the hearing.
16.3 	(c) The commissioner may adopt rules on procedures for hearings. The rules need not 
16.4 	conform to common law or statutory rules of evidence and other technical rules of procedure.
16.5 	(d) The chief benefit judge has discretion regarding the method by which the hearing is 
16.6 	conducted.
16.7 		Subd. 2.Decision. (a) After the conclusion of the hearing, upon the evidence obtained, 
16.8 	the benefit judge must serve by mail or electronic transmission to all parties, the decision, 
16.9 	reasons for the decision, and written findings of fact.
16.10 	(b) Decisions of a benefit judge are not precedential.
16.11 		Subd. 3.Request for reconsideration. Any party, or the commissioner, may, within 
16.12 	30 calendar days after service of the benefit judge's decision, file a request for reconsideration 
16.13 	asking the judge to reconsider that decision.
16.14 		Subd. 4.Appeal to court of appeals. Any final determination on a request for 
16.15 	reconsideration may be appealed by any party directly to the Minnesota Court of Appeals.
16.16 		Subd. 5.Benefit judges. (a) Only employees of the department who are attorneys licensed 
16.17 	to practice law in Minnesota may serve as a chief benefit judge, senior benefit judges who 
16.18 	are supervisors, or benefit judges.
16.19 	(b) The chief benefit judge must assign a benefit judge to conduct a hearing and may 
16.20 	transfer to another benefit judge any proceedings pending before another benefit judge.

16.21 	Sec. 12. [268B.08] BENEFITS.
16.22 		Subdivision 1.Weekly benefit amount. (a) Subject to the maximum weekly benefit 
16.23 	amount, an applicant's weekly benefit is calculated by adding the amounts obtained by 
16.24 	applying the following percentage to an applicant's average weekly wage:
16.25 	(1) 90 percent of wages that do not exceed 50 percent of the state's average weekly wage; 
16.26 	plus
16.27 	(2) 66 percent of wages that exceed 50 percent of the state's average weekly wage but 
16.28 	not 100 percent; plus
16.29 	(3) 55 percent of wages that exceed 100 percent of the state's average weekly wage.
16.30 	(b) The state's average weekly wage is the average wage as calculated under section 
16.31 	268.035, subdivision 23, at the time a benefit amount is first determined.
17.1 	(c) Notwithstanding any other provision in this section, weekly benefits must not exceed 
17.2 	the maximum weekly benefit amount applicable at the time benefit payments commence.
17.3 		Subd. 2.Timing of payment. Except as otherwise provided for in this chapter, benefits 
17.4 	must be paid weekly.
17.5 		Subd. 3.Maximum length of benefits. (a) Except as provided in paragraph (b), in a 
17.6 	single benefit year, an applicant may receive up to 12 weeks of benefits under this chapter 
17.7 	related to the applicant's serious health condition or pregnancy and up to 12 weeks of benefits 
17.8 	under this chapter for bonding, safety leave, or family care.
17.9 	(b) An applicant may receive up to 12 weeks of benefits in a single benefit year for leave 
17.10 	related to one or more qualifying exigencies.
17.11 		Subd. 4.Minimum period for which benefits payable. Except for a claim for benefits 
17.12 	for bonding leave, any claim for benefits must be based on a single-qualifying event of at 
17.13 	least seven calendar days. Benefits may be paid for a minimum increment of one day. The 
17.14 	minimum increment of one day may consist of multiple, nonconsecutive portions of a day 
17.15 	totaling eight hours.
17.16 		Subd. 5.Withholding of federal tax. If the Internal Revenue Service determines that 
17.17 	benefits are subject to federal income tax, and an applicant elects to have federal income 
17.18 	tax deducted and withheld from the applicant's benefits, the commissioner must deduct and 
17.19 	withhold the amount specified in the Internal Revenue Code in a manner consistent with 
17.20 	state law.

17.21 	EFFECTIVE DATE. This section is effective January 1, 2021.

17.22 	Sec. 13. [268B.085] LEAVE.
17.23 		Subdivision 1.Right to leave. An employee has a right to leave from employment for 
17.24 	any day, or portion of a day, for which the employee would be eligible for benefits under 
17.25 	this chapter, regardless of whether the employee actually applied for benefits and regardless 
17.26 	of whether the employee is covered under a private plan or the public program under this 
17.27 	chapter.
17.28 		Subd. 2.Notice to employer. (a) If the need for leave is foreseeable, an employee must 
17.29 	provide the employer at least 30 days' advance notice before leave under this chapter is to 
17.30 	begin. If 30 days' notice is not practicable because of a lack of knowledge of approximately 
17.31 	when leave will be required to begin, a change in circumstances, or a medical emergency, 
17.32 	notice must be given as soon as practicable. Whether leave is to be continuous or is to be 
17.33 	taken intermittently or on a reduced schedule basis, notice need only be given one time, but 
18.1 	the employee must advise the employer as soon as practicable if dates of scheduled leave 
18.2 	change or are extended, or were initially unknown. In those cases where the employee is 
18.3 	required to provide at least 30 days' notice of foreseeable leave and does not do so, the 
18.4 	employee must explain the reasons why such notice was not practicable upon a request from 
18.5 	the employer for such information.
18.6 	(b) "As soon as practicable" means as soon as both possible and practical, taking into 
18.7 	account all of the facts and circumstances in the individual case. When an employee becomes 
18.8 	aware of a need for leave under this chapter less than 30 days in advance, it should be 
18.9 	practicable for the employee to provide notice of the need for leave either the same day or 
18.10 	the next day, unless the need for leave is based on a medical emergency. In all cases, 
18.11 	however, the determination of when an employee could practicably provide notice must 
18.12 	take into account the individual facts and circumstances.
18.13 	(c) An employee shall provide at least verbal notice sufficient to make the employer 
18.14 	aware that the employee needs leave allowed under this chapter and the anticipated timing 
18.15 	and duration of the leave. An employer may require an employee giving notice of leave to 
18.16 	include a certification for the leave as described in section 268B.04, subdivision 2. Such 
18.17 	certification, if required by an employer, is timely when the employee delivers it as soon 
18.18 	as practicable given the circumstances requiring the need for leave, and the required contents 
18.19 	of the certification.
18.20 	(d) An employer may require an employee to comply with the employer's usual and 
18.21 	customary notice and procedural requirements for requesting leave, absent unusual 
18.22 	circumstances or other circumstances caused by the reason for the employee's need for 
18.23 	leave. Leave under this chapter must not be delayed or denied where an employer's usual 
18.24 	and customary notice or procedural requirements require notice to be given sooner than set 
18.25 	forth in this subdivision.
18.26 	(e) If an employer has failed to provide notice to the employee as required under section 
18.27 	268B.22, paragraph (a), (b), or (e), the employee is not required to comply with the notice 
18.28 	requirements of this subdivision.
18.29 		Subd. 3.Bonding leave. Bonding leave taken under this chapter begins at a time requested 
18.30 	by the employee. Bonding leave must begin within 12 months of the birth, adoption, or 
18.31 	placement of a foster child, except that, in the case where the child must remain in the 
18.32 	hospital longer than the mother, the leave must begin within 12 months after the child leaves 
18.33 	the hospital.
19.1 		Subd. 4.Intermittent or reduced leave schedule. (a) Leave under this chapter, based 
19.2 	on a serious health condition, may be taken intermittently or on a reduced leave schedule 
19.3 	if such leave would be medically beneficial to the individual with the serious health condition. 
19.4 	For all other leaves under this chapter, leave may be taken intermittently or on a reduced 
19.5 	leave schedule. Intermittent leave is leave taken in separate blocks of time due to a single, 
19.6 	seven-day qualifying event. A reduced leave schedule is a leave schedule that reduces an 
19.7 	employee's usual number of working hours per workweek or hours per workday.
19.8 	(b) Leave taken intermittently or on a reduced schedule basis counts toward the 
19.9 	maximums described in section 268B.08, subdivision 3.

19.10 	Sec. 14. [268B.09] EMPLOYMENT PROTECTIONS.
19.11 		Subdivision 1.Retaliation prohibited. An employer must not retaliate against an 
19.12 	employee for requesting or obtaining benefits, or for exercising any other right under this 
19.13 	chapter.
19.14 		Subd. 2.Interference prohibited. An employer must not obstruct or impede an 
19.15 	application for leave or benefits or the exercise of any other right under this chapter.
19.16 		Subd. 3.Waiver of rights void.  Any agreement to waive, release, or commute rights 
19.17 	to benefits or any other right under this chapter is void.
19.18 		Subd. 4.No assignment of benefits.  Any assignment, pledge, or encumbrance of benefits 
19.19 	is void. Benefits are exempt from levy, execution, attachment, or any other remedy provided 
19.20 	for the collection of debt. Any waiver of this subdivision is void.
19.21 		Subd. 5.Continued insurance.  During any leave for which an employee is entitled to 
19.22 	benefits under this chapter, the employer must maintain coverage under any group insurance 
19.23 	policy, group subscriber contract, or health care plan for the employee and any dependents 
19.24 	as if the employee was not on leave, provided, however, that the employee must continue 
19.25 	to pay any employee share of the cost of such benefits.
19.26 		Subd. 6.Employee right to reinstatement. (a) On return from leave under this chapter, 
19.27 	an employee is entitled to be returned to the same position the employee held when leave 
19.28 	commenced or to an equivalent position with equivalent benefits, pay, and other terms and 
19.29 	conditions of employment. An employee is entitled to such reinstatement even if the 
19.30 	employee has been replaced or the employee's position has been restructured to accommodate 
19.31 	the employee's absence.
19.32 	(b)(1) An equivalent position is one that is virtually identical to the employee's former 
19.33 	position in terms of pay, benefits, and working conditions, including privileges, prerequisites, 
20.1 	and status. It must involve the same or substantially similar duties and responsibilities, 
20.2 	which must entail substantially equivalent skill, effort, responsibility, and authority.
20.3 	(2) If an employee is no longer qualified for the position because of the employee's 
20.4 	inability to attend a necessary course, renew a license, fly a minimum number of hours, or 
20.5 	the like, as a result of the leave, the employee must be given a reasonable opportunity to 
20.6 	fulfill those conditions upon return from leave.
20.7 	(c)(1) An employee is entitled to any unconditional pay increases which may have 
20.8 	occurred during the leave period, such as cost of living increases. Pay increases conditioned 
20.9 	upon seniority, length of service, or work performed must be granted in accordance with 
20.10 	the employer's policy or practice with respect to other employees on an equivalent leave 
20.11 	status for a reason that does not qualify for leave under this chapter. An employee is entitled 
20.12 	to be restored to a position with the same or equivalent pay premiums, such as a shift 
20.13 	differential. If an employee departed from a position averaging ten hours of overtime, and 
20.14 	corresponding overtime pay, each week an employee is ordinarily entitled to such a position 
20.15 	on return from leave under this chapter.
20.16 	(2) Equivalent pay includes any bonus or payment, whether it is discretionary or 
20.17 	nondiscretionary, made to employees consistent with the provisions of clause (1). However, 
20.18 	if a bonus or other payment is based on the achievement of a specified goal such as hours 
20.19 	worked, products sold, or perfect attendance, and the employee has not met the goal due to 
20.20 	leave under this chapter, the payment may be denied, unless otherwise paid to employees 
20.21 	on an equivalent leave status for a reason that does not qualify for leave under this chapter.
20.22 	(d) Benefits under this section include all benefits provided or made available to 
20.23 	employees by an employer, including group life insurance, health insurance, disability 
20.24 	insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether 
20.25 	such benefits are provided by a practice or written policy of an employer through an employee 
20.26 	benefit plan as defined in section 3(3) of United States Code, title 29, section 1002(3).
20.27 	(1) At the end of an employee's leave under this chapter, benefits must be resumed in 
20.28 	the same manner and at the same levels as provided when the leave began, and subject to 
20.29 	any changes in benefit levels that may have taken place during the period of leave affecting 
20.30 	the entire workforce, unless otherwise elected by the employee. Upon return from a leave 
20.31 	under this chapter, an employee cannot be required to requalify for any benefits the employee 
20.32 	enjoyed before leave began, including family or dependent coverages.
21.1 	(2) An employee may, but is not entitled to, accrue any additional benefits or seniority 
21.2 	during a leave under this chapter. Benefits accrued at the time leave began, however, must 
21.3 	be available to an employee upon return from leave.
21.4 	(3) With respect to pension and other retirement plans, leave under this chapter must 
21.5 	not be treated as or counted toward a break in service for purposes of vesting and eligibility 
21.6 	to participate. Also, if the plan requires an employee to be employed on a specific date in 
21.7 	order to be credited with a year of service for vesting, contributions, or participation purposes, 
21.8 	an employee on leave under this chapter must be treated as employed on that date. However, 
21.9 	periods of leave under this chapter need not be treated as credited service for purposes of 
21.10 	benefit accrual, vesting, and eligibility to participate.
21.11 	(4) Employees on leave under this chapter must be treated as if they continued to work 
21.12 	for purposes of changes to benefit plans. Employees on leave under this chapter are entitled 
21.13 	to changes in benefit plans, except those which may be dependent upon seniority or accrual 
21.14 	during the leave period, immediately upon return from leave or to the same extent they 
21.15 	would have qualified if no leave had been taken.
21.16 	(e) An equivalent position must have substantially similar duties, conditions, 
21.17 	responsibilities, privileges, and status as the employee's original position.
21.18 	(1) The employee must be reinstated to the same or a geographically proximate worksite 
21.19 	from where the employee had previously been employed. If the employee's original worksite 
21.20 	has been closed, the employee is entitled to the same rights as if the employee had not been 
21.21 	on leave when the worksite closed.
21.22 	(2) The employee is ordinarily entitled to return to the same shift or the same or an 
21.23 	equivalent work schedule.
21.24 	(3) The employee must have the same or an equivalent opportunity for bonuses, 
21.25 	profit-sharing, and other similar discretionary and nondiscretionary payments.
21.26 	(4) This chapter does not prohibit an employer from accommodating an employee's 
21.27 	request to be restored to a different shift, schedule, or position which better suits the 
21.28 	employee's personal needs on return from leave, or to offer a promotion to a better position. 
21.29 	However, an employee must not be induced by the employer to accept a different position 
21.30 	against the employee's wishes.
21.31 	(f) The requirement that an employee be restored to the same or equivalent job with the 
21.32 	same or equivalent pay, benefits, and terms and conditions of employment does not extend 
21.33 	to de minimis, intangible, or unmeasurable aspects of the job.
22.1 		Subd. 7.Limitations on an employee's right to reinstatement. An employee has no 
22.2 	greater right to reinstatement or to other benefits and conditions of employment than if the 
22.3 	employee had been continuously employed during the period of leave under this chapter. 
22.4 	An employer must be able to show that an employee would not otherwise have been 
22.5 	employed at the time reinstatement is requested in order to deny restoration to employment.
22.6 	(1) If an employee is laid off during the course of taking a leave under this chapter and 
22.7 	employment is terminated, the employer's responsibility to continue the leave, maintain 
22.8 	group health plan benefits, and restore the employee cease at the time the employee is laid 
22.9 	off, provided the employer has no continuing obligations under a collective bargaining 
22.10 	agreement or otherwise. An employer would have the burden of proving that an employee 
22.11 	would have been laid off during the period of leave under this chapter and, therefore, would 
22.12 	not be entitled to restoration. Restoration to a job slated for layoff when the employee's 
22.13 	original position would not meet the requirements of an equivalent position.
22.14 	(2) If a shift has been eliminated or overtime has been decreased, an employee would 
22.15 	not be entitled to return to work that shift or the original overtime hours upon restoration. 
22.16 	However, if a position on, for example, a night shift has been filled by another employee, 
22.17 	the employee is entitled to return to the same shift on which employed before taking leave 
22.18 	under this chapter.
22.19 	(3) If an employee was hired for a specific term or only to perform work on a discrete 
22.20 	project, the employer has no obligation to restore the employee if the employment term or 
22.21 	project is over and the employer would not otherwise have continued to employ the employee.
22.22 		Subd. 8.Remedies. (a) In addition to any other remedies available to an employee in 
22.23 	law or equity, an employer who violates the provisions of this section is liable to any 
22.24 	employee affected for:
22.25 	(1) damages equal to the amount of:
22.26 	(i) any wages, salary, employment benefits, or other compensation denied or lost to such 
22.27 	employee by reason of the violation, or, in a cases in which wages, salary, employment 
22.28 	benefits, or other compensation have not been denied or lost to the employee, any actual 
22.29 	monetary losses sustained by the employee as a direct result of the violation; and
22.30 	(ii) reasonable interest on the amount described in item (i); and
22.31 	(2) such equitable relief as may be appropriate, including employment, reinstatement, 
22.32 	and promotion.
23.1 	(b) An action to recover damages or equitable relief prescribed in paragraph (a) may be 
23.2 	maintained against any employer in any federal or state court of competent jurisdiction by 
23.3 	any one or more employees for and on behalf of:
23.4 	(1) the employees; or
23.5 	(2) the employees and other employees similarly situated.
23.6 	(c) The court in an action under this section must, in addition to any judgment awarded 
23.7 	to the plaintiff or plaintiffs, allow reasonable attorney fees, reasonable expert witness fees, 
23.8 	and other costs of the action to be paid by the defendant.
23.9 	(d) Nothing in this section shall be construed to allow an employee to recover damages 
23.10 	from an employer for the denial of benefits under this chapter by the department, unless the 
23.11 	employer unlawfully interfered with the application for benefits under subdivision 2.

23.12 	Sec. 15. [268B.10] SUBSTITUTION OF A PRIVATE PLAN.
23.13 		Subdivision 1.Application for substitution. Employers may apply to the commissioner 
23.14 	for approval to meet their obligations under this chapter through the substitution of a private 
23.15 	plan that provides paid family, paid medical, or paid family and medical benefits. In order 
23.16 	to be approved as meeting an employer's obligations under this chapter, a private plan must 
23.17 	confer all of the same rights, protections, and benefits provided to employees under this 
23.18 	chapter, including but not limited to benefits under section 268B.08 and employment 
23.19 	protections under section 268B.09. An employee covered by a private plan under this section 
23.20 	retains all applicable rights and remedies under section 268B.09.
23.21 		Subd. 2.Private plan requirements; medical benefit program. The commissioner 
23.22 	must approve an application for private provision of the medical benefit program if the 
23.23 	commissioner determines:
23.24 	(1) all of the employees of the employer are to be covered under the provisions of the 
23.25 	employer plan;
23.26 	(2) eligibility requirements for benefits and leave are no more restrictive than as provided 
23.27 	under this chapter;
23.28 	(3) the weekly benefits payable under the private plan for any week are at least equal to 
23.29 	the weekly benefit amount payable under this chapter, taking into consideration any coverage 
23.30 	with respect to concurrent employment by another employer;
24.1 	(4) the total number of weeks for which benefits are payable under the private plan is 
24.2 	at least equal to the total number of weeks for which benefits would have been payable 
24.3 	under this chapter;
24.4 	(5) no greater amount is required to be paid by employees toward the cost of benefits 
24.5 	under the employer plan than by this chapter;
24.6 	(6) wage replacement benefits are stated in the plan separately and distinctly from other 
24.7 	benefits;
24.8 	(7) the private plan will provide benefits and leave for any serious health condition or 
24.9 	pregnancy for which benefits are payable, and leave provided, under this chapter;
24.10 	(8) the private plan will impose no additional condition or restriction on the use of 
24.11 	medical benefits beyond those explicitly authorized by this chapter or regulations 
24.12 	promulgated pursuant to this chapter;
24.13 	(9) the private plan will allow any employee covered under the private plan who is 
24.14 	eligible to receive medical benefits under this chapter to receive medical benefits under the 
24.15 	employer plan; and
24.16 	(10) coverage will be continued under the private plan while an employee remains 
24.17 	employed by the employer.
24.18 		Subd. 3.Private plan requirements; family benefit program. The commissioner must 
24.19 	approve an application for private provision of the family benefit program if the 
24.20 	commissioner determines:
24.21 	(1) all of the employees of the employer are to be covered under the provisions of the 
24.22 	employer plan;
24.23 	(2) eligibility requirements for benefits and leave are no more restrictive than as provided 
24.24 	under this chapter;
24.25 	(3) the weekly benefits payable under the private plan for any week are at least equal to 
24.26 	the weekly benefit amount payable under this chapter, taking into consideration any coverage 
24.27 	with respect to concurrent employment by another employer;
24.28 	(4) the total number of weeks for which benefits are payable under the private plan is 
24.29 	at least equal to the total number of weeks for which benefits would have been payable 
24.30 	under this chapter;
24.31 	(5) no greater amount is required to be paid by employees toward the cost of benefits 
24.32 	under the employer plan than by this chapter;
25.1 	(6) wage replacement benefits are stated in the plan separately and distinctly from other 
25.2 	benefits;
25.3 	(7) the private plan will provide benefits and leave for any care for a family member 
25.4 	with a serious health condition, bonding with a child, qualifying exigency, or safety leave 
25.5 	event for which benefits are payable, and leave provided, under this chapter;
25.6 	(8) the private plan will impose no additional condition or restriction on the use of family 
25.7 	benefits beyond those explicitly authorized by this chapter or regulations promulgated 
25.8 	pursuant to this chapter;
25.9 	(9) the private plan will allow any employee covered under the private plan who is 
25.10 	eligible to receive medical benefits under this chapter to receive medical benefits under the 
25.11 	employer plan; and
25.12 	(10) coverage will be continued under the private plan while an employee remains 
25.13 	employed by the employer.
25.14 		Subd. 4.Use of private insurance products. Nothing in this section prohibits an 
25.15 	employer from meeting the requirements of a private plan through a private insurance 
25.16 	product. If the employer plan involves a private insurance product, that insurance product 
25.17 	must conform to any applicable law or rule.
25.18 		Subd. 5.Private plan approval and oversight fee. An employer with an approved 
25.19 	private plan will not be required to pay premiums established under section 268B.12. An 
25.20 	employer with an approved private plan will be responsible for a private plan approval and 
25.21 	oversight fee equal to $250 for employers with fewer than 50 employees, $500 for employers 
25.22 	with 50 to 499 employees, and $1,000 for employers with 500 or more employees. The 
25.23 	employer must pay this fee (1) upon initial application for private plan approval and (2) any 
25.24 	time the employer applies to amend the private plan. The commissioner will review and 
25.25 	report on the adequacy of this fee to cover private plan administrative costs annually 
25.26 	beginning in 2020 as part of the annual report established in section 268B.21.
25.27 		Subd. 6.Plan duration. A private plan under this section must be in effect for a period 
25.28 	of at least one year and, thereafter, continuously unless the commissioner finds that the 
25.29 	employer has given notice of withdrawal from the plan in a manner specified by the 
25.30 	commissioner in this section or rule. The plan may be withdrawn by the employer within 
25.31 	30 days of the effective date of any law increasing the benefit amounts or within 30 days 
25.32 	of the date of any change in the rate of premiums. If the plan is not withdrawn, it must be 
25.33 	amended to conform to provide the increased benefit amount or change in the rate of the 
25.34 	employee's premium on the date of the increase or change.
26.1 		Subd. 7.Appeals. An employer may appeal any adverse action regarding that employer's 
26.2 	private plan to the commissioner, in a manner specified by the commissioner.
26.3 		Subd. 8.Employees no longer covered. (a) An employee is no longer covered by an 
26.4 	approved private plan if a leave under this chapter occurs after the employment relationship 
26.5 	with the private plan employer ends, or if the commissioner revokes the approval of the 
26.6 	private plan.
26.7 	(b) An employee no longer covered by an approved private plan is, if otherwise eligible, 
26.8 	immediately entitled to benefits under this chapter to the same extent as though there had 
26.9 	been no approval of the private plan.
26.10 		Subd. 9.Posting of notice regarding private plan. An employer with a private plan 
26.11 	must provide a notice prepared by or approved by the commissioner regarding the private 
26.12 	plan consistent with the provisions of section 268B.22.
26.13 		Subd. 10.Amendment. (a) The commissioner must approve any amendment to a private 
26.14 	plan adjusting the provisions thereof, if the commissioner determines:
26.15 	(1) that the plan, as amended, will conform to the standards set forth in this chapter; and
26.16 	(2) that notice of the amendment has been delivered to all affected employees at least 
26.17 	ten days before the submission of the amendment.
26.18 	(b) Any amendments approved under this subdivision are effective on the date of the 
26.19 	commissioner's approval, unless the commissioner and the employer agree on a later date.
26.20 		Subd. 11.Successor employer. A private plan in effect at the time a successor acquires 
26.21 	the employer organization, trade, or business, or substantially all the assets thereof, or a 
26.22 	distinct and severable portion of the organization, trade, or business, and continues its 
26.23 	operation without substantial reduction of personnel resulting from the acquisition, must 
26.24 	continue the approved private plan and must not withdraw the plan without a specific request 
26.25 	for withdrawal in a manner and at a time specified by the commissioner. A successor may 
26.26 	terminate a private plan with notice to the commissioner and within 90 days from the date 
26.27 	of the acquisition.
26.28 		Subd. 12.Revocation of approval by commissioner. (a) The commissioner may 
26.29 	terminate any private plan if the commissioner determines the employer:
26.30 	(1) failed to pay benefits;
26.31 	(2) failed to pay benefits in a timely manner, consistent with the requirements of this 
26.32 	chapter;
27.1 	(3) failed to submit reports as required by this chapter or rule adopted under this chapter; 
27.2 	or
27.3 	(4) otherwise failed to comply with this chapter or rule adopted under this chapter.
27.4 	(b) The commissioner must give notice of the intention to terminate a plan to the employer 
27.5 	at least ten days before taking any final action. The notice must state the effective date and 
27.6 	the reason for the termination.
27.7 	(c) The employer may, within ten days from mailing or personal service of the notice, 
27.8 	file an appeal to the commissioner in the time, manner, method, and procedure provided by 
27.9 	the commissioner under subdivision 7.
27.10 	(d) The payment of benefits must not be delayed during an employer's appeal of the 
27.11 	revocation of approval of a private plan.
27.12 	(e) If the commissioner revokes approval of an employer's private plan, that employer 
27.13 	is ineligible to apply for approval of another private plan for a period of three years, beginning 
27.14 	on the date of revocation.
27.15 		Subd. 13. Employer penalties. (a) The commissioner may assess the following monetary 
27.16 	penalties against an employer with an approved private plan found to have violated this 
27.17 	chapter:
27.18 	(1) $1,000 for the first violation; and
27.19 	(2) $2,000 for the second, and each successive violation.
27.20 	(b) The commissioner of labor and industry must waive collection of any penalty if the 
27.21 	employer corrects the violation within 30 days of receiving a notice of the violation and the 
27.22 	notice is for a first violation.
27.23 	(c) The commissioner of labor and industry may waive collection of any penalty if the 
27.24 	commissioner determines the violation to be an inadvertent error by the employer.
27.25 	(d) Monetary penalties collected under this section shall be deposited in the account.
27.26 	(e) Assessment of penalties under this subdivision may be appealed as provided by the 
27.27 	commissioner under subdivision 7.
27.28 		Subd. 14.Reports, information, and records. Employers with an approved private 
27.29 	plan must maintain all reports, information, and records as relating to the private plan and 
27.30 	claims for a period of six years from creation and provide to the commissioner upon request.
28.1 		Subd. 15.Audit and investigation. The commissioner may investigate and audit plans 
28.2 	approved under this section both before and after the plans are approved.

28.3 	EFFECTIVE DATE. This section is effective July 1, 2020.

28.4 	Sec. 16. [268B.11] SELF-EMPLOYED ELECTION OF COVERAGE.
28.5 		Subdivision 1.Election of coverage. (a) A self-employed individual may file with the 
28.6 	commissioner by electronic transmission in a format prescribed by the commissioner an 
28.7 	application to be eligible for benefits under this chapter for a period not less than 104 
28.8 	consecutive calendar weeks. Upon the approval of the commissioner, sent by United States 
28.9 	mail or electronic transmission, the individual is covered as an employee under this chapter 
28.10 	beginning the calendar quarter after the date of approval or beginning in a later calendar 
28.11 	quarter if requested by the self-employed individual. The individual ceases to be covered 
28.12 	as of the first day of January of any calendar year only if, at least 30 calendar days before 
28.13 	the first day of January, the individual has filed with the commissioner by electronic 
28.14 	transmission in a format prescribed by the commissioner a notice to that effect.
28.15 	(b) The commissioner may terminate any application approved under this section with 
28.16 	30 calendar days' notice sent by United States mail or electronic transmission if the 
28.17 	self-employed individual is delinquent on any premiums due under this chapter an election 
28.18 	agreement. If an approved application is terminated in this manner during the first 104 
28.19 	consecutive calendar weeks of election, the self-employed individual remains obligated to 
28.20 	pay the premium under subdivision 3 for the remainder of that 104-week period.
28.21 		Subd. 2.Application A self-employed individual who applies for coverage under this 
28.22 	section must provide the commissioner with (1) the amount of the individual's net earnings 
28.23 	from self-employment, if any, from the two most recent taxable years and all tax documents 
28.24 	necessary to prove the accuracy of the amounts reported and (2) any other documentation 
28.25 	the commissioner requires. A self-employed individual who is covered under this chapter 
28.26 	must annually provide the commissioner with the amount of the individual's net earnings 
28.27 	from self-employment within 30 days of filing a federal income tax return.
28.28 		Subd. 3.Premium. A self-employed individual who elects to receive coverage under 
28.29 	this chapter must annually pay a premium equal to one-half the percentage in section 
28.30 	268B.12, subdivision 4, clause (1), times the lesser of:
28.31 	(1) the individual's self-employment premium base; or
28.32 	(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability 
28.33 	Insurance tax.
29.1 		Subd. 4.Benefits. Notwithstanding anything to the contrary, a self-employed individual 
29.2 	who has applied to and been approved for coverage by the commissioner under this section 
29.3 	is entitled to benefits on the same basis as an employee under this chapter, except that a 
29.4 	self-employed individual's weekly benefit amount under section 268B.08, subdivision 1, 
29.5 	must calculated as a percentage of the self-employed individual's self-employment premium 
29.6 	base, rather than wages.

29.7 	Sec. 17. [268B.12] PREMIUMS.
29.8 		Subdivision 1.Employer. (a) Each person or entity required, or who elected, to register 
29.9 	for a tax account under sections 268.042, 268.045, and 268.046 must pay a premium on the 
29.10 	wages paid to employees in covered employment for each calendar year. The premium must 
29.11 	be paid on all wages up to the maximum specified by this section.
29.12 	(b) Each person or entity required, or who elected, to register for a reimbursable account 
29.13 	under sections 268.042, 268.045, and 268.046 must pay a premium on the wages paid to 
29.14 	employees in covered employment in the same amount and manner as provided by paragraph 
29.15 	(a).
29.16 		Subd. 2.Employee charge back. Notwithstanding section 177.24, subdivision 4, or 
29.17 	181.06, subdivision 1, employers and covered business entities may deduct up to 50 percent 
29.18 	of annual premiums paid under this section from employee wages. Such deductions for any 
29.19 	given employee must be in equal proportion to the premiums paid based on the wages of 
29.20 	that employee, and all employees of an employer must be subject to the same percentage 
29.21 	deduction. Deductions under this section must not cause an employee's wage, after the 
29.22 	deduction, to fall below the rate required to be paid to the worker by law, including any 
29.23 	applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or 
29.24 	other legal authority, whichever rate of pay is greater.
29.25 		Subd. 3.Wages and payments subject to premium. (a) The maximum wages subject 
29.26 	to premium in a calendar year is equal to the maximum earnings in that year subject to the 
29.27 	FICA Old-Age, Survivors, and Disability Insurance tax.
29.28 	(b) The maximum payment amount subject to premium in a calendar year, under 
29.29 	subdivision 1, paragraph (c), is equal to the maximum earnings in that year subject to the 
29.30 	FICA Old-Age, Survivors, and Disability Insurance tax.
29.31 		Subd. 4.Annual premium rates. The employer premium rates for the calendar year 
29.32 	beginning January 1, 2021, shall be as follows:
29.33 	(1) for employers participating in both family and medical benefit programs, ... percent;
30.1 	(2) for an employer participating in only the medical benefit program and with an 
30.2 	approved private plan for the family benefit program, ... percent; and
30.3 	(3) for an employer participating in only the family benefit program and with an approved 
30.4 	private plan for the medical benefit program, ... percent.
30.5 		Subd. 5.Premium rate adjustments. (a) Each calendar year following the calendar 
30.6 	year beginning January 1, 2024, except calendar year 2025, the commissioner must adjust 
30.7 	the annual premium rates using the formula in paragraph (b).
30.8 	(b) To calculate the employer rates for a calendar year, the commissioner must:
30.9 	(1) multiply 1.45 times the amount disbursed from the account for the 52-week period 
30.10 	ending September 30 of the prior year;
30.11 	(2) subtract the amount in the account on that September 30 from the resulting figure;
30.12 	(3) divide the resulting figure by twice the total wages in covered employment of 
30.13 	employees of employers without approved private plans under section 268B.10 for either 
30.14 	the family or medical benefit program. For employers with an approved private plan for 
30.15 	either the medical benefit program or the family benefit program, but not both, count only 
30.16 	the proportion of wages in covered employment associated with the program for which the 
30.17 	employer does not have an approved private plan; and
30.18 	(4) round the resulting figure down to the nearest one-hundredth of one percent.
30.19 	(c) For calendar year 2025, the calculation shall be as provided in paragraph (b), except 
30.20 	that the disbursements in paragraph (b), clause (1), shall be those for the 39 weeks ending 
30.21 	September 30, and projected disbursements for the next 13 weeks.
30.22 	(d) The commissioner must apportion the premium rate between the family and medical 
30.23 	benefit programs based on the relative proportion of expenditures for each program during 
30.24 	the preceding year.
30.25 		Subd. 6.Premium rate limits. The aggregate premium rate of employers and employees 
30.26 	under this chapter must not be less than ... percent or more than ... percent annually.
30.27 		Subd. 7.Deposit of premiums. All premiums collected under this section must be 
30.28 	deposited into the account.
30.29 		Subd. 8.Nonpayment of premiums by employer. The failure of an employer to pay 
30.30 	premiums does not impact the right of an employee to benefits, or any other right, under 
30.31 	this chapter.

31.1 	Sec. 18. [268B.13] COLLECTION OF PREMIUMS.
31.2 		Subdivision 1.Amount computed presumed correct. Any amount due from an 
31.3 	employer, as computed by the commissioner, is presumed to be correctly determined and 
31.4 	assessed, and the burden is upon the employer to show any error. A statement by the 
31.5 	commissioner of the amount due is admissible in evidence in any court or administrative 
31.6 	proceeding and is prima facie evidence of the facts in the statement.
31.7 		Subd. 2.Priority of payments. (a) Any payment received from an employer must be 
31.8 	applied in the following order:
31.9 	(1) premiums due under this chapter; then
31.10 	(2) interest on past due premiums; then
31.11 	(3) penalties, late fees, administrative service fees, and costs.
31.12 	(b) Paragraph (a) is the priority used for all payments received from an employer, 
31.13 	regardless of how the employer may designate the payment to be applied, except when:
31.14 	(1) there is an outstanding lien and the employer designates that the payment made 
31.15 	should be applied to satisfy the lien;
31.16 	(2) a court or administrative order directs that the payment be applied to a specific 
31.17 	obligation;
31.18 	(3) a preexisting payment plan provides for the application of payment; or
31.19 	(4) the commissioner agrees to apply the payment to a different priority.
31.20 		Subd. 3.Costs. (a) Any employer that fails to pay any amount when due under this 
31.21 	chapter is liable for any filing fees, recording fees, sheriff fees, costs incurred by referral 
31.22 	to any public or private collection agency, or litigation costs, including attorney fees, incurred 
31.23 	in the collection of the amounts due.
31.24 	(b) If any tendered payment of any amount due is not honored when presented to a 
31.25 	financial institution for payment, any costs assessed to the department by the financial 
31.26 	institution and a fee of $25 must be assessed to the person.
31.27 	(c) Costs and fees collected under this subdivision are credited to the account.
31.28 		Subd. 4.Interest on amounts past due. If any amounts due from an employer under 
31.29 	this chapter, except late fees, are not received on the date due, the unpaid balance bears 
31.30 	interest at the rate of one percent per month or any part of a month. Interest collected under 
31.31 	this subdivision is payable to the account.
32.1 		Subd. 5.Interest on judgments. Regardless of section 549.09, if judgment is entered 
32.2 	upon any past due amounts from an employer under this chapter, the unpaid judgment bears 
32.3 	interest at the rate specified in subdivision 4 until the date of payment.
32.4 		Subd. 6.Credit adjustments; refunds. (a) If an employer makes an application for a 
32.5 	credit adjustment of any amount paid under this chapter within four years of the date that 
32.6 	the payment was due, in a manner and format prescribed by the commissioner, and the 
32.7 	commissioner determines that the payment or any portion thereof was erroneous, the 
32.8 	commissioner must make an adjustment and issue a credit without interest. If a credit cannot 
32.9 	be used, the commissioner must refund, without interest, the amount erroneously paid. The 
32.10 	commissioner, on the commissioner's own motion, may make a credit adjustment or refund 
32.11 	under this subdivision.
32.12 	(b) Any refund returned to the commissioner is considered unclaimed property under 
32.13 	chapter 345.
32.14 	(c) If a credit adjustment or refund is denied in whole or in part, a determination of denial 
32.15 	must be sent to the employer by United States mail or electronic transmission. The 
32.16 	determination of denial is final unless an employer files an appeal within 20 calendar days 
32.17 	after receipt of the determination.
32.18 	(d) If an employer receives a credit adjustment or refund under this section, the employer 
32.19 	must determine the amount of any overpayment attributable to a deduction from employee 
32.20 	wages under section 268B.12, subdivision 2, and return any amount erroneously deducted 
32.21 	to each affected employee.
32.22 		Subd. 7.Priorities under legal dissolutions or distributions. In the event of any 
32.23 	distribution of an employer's assets according to an order of any court, including any 
32.24 	receivership, assignment for benefit of creditors, adjudicated insolvency, or similar 
32.25 	proceeding, premiums then or thereafter due must be paid in full before all other claims 
32.26 	except claims for wages of not more than $1,000 per former employee that are earned within 
32.27 	six months of the commencement of the proceedings. In the event of an employer's 
32.28 	adjudication in bankruptcy under federal law, premiums then or thereafter due are entitled 
32.29 	to the priority provided in that law for taxes due.

32.30 	Sec. 19. [268B.14] ADMINISTRATIVE COSTS.
32.31 	For the calendar year beginning January 1, 2023, and each calendar year thereafter, the 
32.32 	commissioner may spend up to seven percent of projected benefit payments for that calendar 
32.33 	year for the administration of this chapter. The department may enter into interagency 
33.1 	agreements with the Department of Labor and Industry, including agreements to transfer 
33.2 	funds, subject to the limit in this section, for the Department of Labor and Industry to fulfill 
33.3 	its enforcement authority of this chapter.

33.4 	Sec. 20. [268B.15] PUBLIC OUTREACH.
33.5 	Beginning in fiscal year 2021, the commissioner must use at least 0.5 percent of revenue 
33.6 	collected under this chapter for the purpose of outreach, education, and technical assistance 
33.7 	for employees, employers, and self-employed individuals eligible to elect coverage under 
33.8 	section 268B.11. The department may enter into interagency agreements with the Department 
33.9 	of Labor and Industry, including agreements to transfer funds, subject to the limit in section 
33.10 	268B.14, to accomplish the requirements of this section. At least one-half of the amount 
33.11 	spent under this section must be used for grants to community-based groups.

33.12 	Sec. 21. [268B.16] APPLICANT'S FALSE REPRESENTATIONS; CONCEALMENT 
33.13 	OF FACTS; PENALTY.
33.14 	(a) Any applicant who knowingly makes a false statement or representation, knowingly 
33.15 	fails to disclose a material fact, or makes a false statement or representation without a 
33.16 	good-faith belief as to the correctness of the statement or representation in order to obtain 
33.17 	or in an attempt to obtain benefits may be assessed, in addition to any other penalties, an 
33.18 	administrative penalty of ineligibility of benefits for 13 to 104 weeks.
33.19 	(b) A determination of ineligibility setting out the weeks the applicant is ineligible must 
33.20 	be sent to the applicant by United States mail or electronic transmission. The determination 
33.21 	is final unless an appeal is filed within 30 calendar days after receipt of the determination.

33.22 	Sec. 22. [268B.17] EMPLOYER MISCONDUCT; PENALTY.
33.23 	(a) The commissioner must penalize an employer if that employer or any employee, 
33.24 	officer, or agent of that employer is in collusion with any applicant for the purpose of 
33.25 	assisting the applicant in receiving benefits fraudulently. The penalty is $500 or the amount 
33.26 	of benefits determined to be overpaid, whichever is greater.
33.27 	(b) The commissioner must penalize an employer if that employer or any employee, 
33.28 	officer, or agent of that employer:
33.29 	(1) made a false statement or representation knowing it to be false;
33.30 	(2) made a false statement or representation without a good-faith belief as to the 
33.31 	correctness of the statement or representation; or
34.1 	(3) knowingly failed to disclose a material fact.
34.2 	(c) The penalty is the greater of $500 or 50 percent of the following resulting from the 
34.3 	employer's action:
34.4 	(1) the amount of any overpaid benefits to an applicant;
34.5 	(2) the amount of benefits not paid to an applicant that would otherwise have been paid; 
34.6 	or
34.7 	(3) the amount of any payment required from the employer under this chapter that was 
34.8 	not paid.
34.9 	(d) Penalties must be paid within 30 calendar days of issuance of the determination of 
34.10 	penalty and credited to the account.
34.11 	(e) The determination of penalty is final unless the employer files an appeal within 30 
34.12 	calendar days after the sending of the determination of penalty to the employer by United 
34.13 	States mail or electronic transmission.

34.14 	Sec. 23. [268B.18] RECORDS; AUDITS.
34.15 	(a) Each employer must keep true and accurate records on individuals performing services 
34.16 	for the employer, containing the information the commissioner may require under this 
34.17 	chapter. The records must be kept for a period of not less than four years in addition to the 
34.18 	current calendar year.
34.19 	(b) For the purpose of administering this chapter, the commissioner has the power to 
34.20 	investigate, audit, examine, or cause to be supplied or copied, any books, correspondence, 
34.21 	papers, records, or memoranda that are the property of, or in the possession of, an employer 
34.22 	or any other person at any reasonable time and as often as may be necessary.
34.23 	(c) An employer or other person that refuses to allow an audit of its records by the 
34.24 	department or that fails to make all necessary records available for audit in the state upon 
34.25 	request of the commissioner may be assessed an administrative penalty of $500. The penalty 
34.26 	collected is credited to the account.

34.27 	Sec. 24. [268B.19] SUBPOENAS; OATHS.
34.28 	(a) The commissioner or benefit judge has authority to administer oaths and affirmations, 
34.29 	take depositions, certify to official acts, and issue subpoenas to compel the attendance of 
34.30 	individuals and the production of documents and other personal property necessary in 
34.31 	connection with the administration of this chapter.
35.1 	(b) Individuals subpoenaed, other than applicants or officers and employees of an 
35.2 	employer that is the subject of the inquiry, must be paid witness fees the same as witness 
35.3 	fees in civil actions in district court. The fees need not be paid in advance.
35.4 	(c) The subpoena is enforceable through the district court in Ramsey County.

35.5 	Sec. 25. [268B.20] CONCILIATION SERVICES.
35.6 	The Department of Labor and Industry may offer conciliation services to employers and 
35.7 	employees to resolve disputes concerning alleged violations of employment protections 
35.8 	identified in section 268B.09.

35.9 	Sec. 26. [268B.21] ANNUAL REPORTS.
35.10 	(a) Annually, beginning on or before December 1, 2020, the commissioner must report 
35.11 	to the Department of Management and Budget and the house of representatives and senate 
35.12 	committee chairs with jurisdiction over this chapter on program administrative expenditures 
35.13 	and revenue collection for the prior fiscal year, including but not limited to:
35.14 	(1) total revenue raised through premium collection;
35.15 	(2) the number of self-employed individuals electing coverage under section 268B.11 
35.16 	and amount of associated revenue;
35.17 	(3) the number of covered business entities paying premiums under this chapter and 
35.18 	associated revenue;
35.19 	(4) administrative expenditures including transfers to other state agencies expended in 
35.20 	the administration of the chapter;
35.21 	(5) summary of contracted services expended in the administration of this chapter;
35.22 	(6) grant amounts and recipients under section 268B.15;
35.23 	(7) an accounting of required outreach expenditures;
35.24 	(8) summary of private plan approvals including the number of employers and employees 
35.25 	covered under private plans; and
35.26 	(9) adequacy and use of the private plan approval and oversight fee.
35.27 	(b) Annually, beginning on or before December 1, 2021, the commissioner must publish 
35.28 	a publicly available report providing the following information for the previous fiscal year:
35.29 	(1) total eligible claims;
36.1 	(2) the number and percentage of claims attributable to each category of benefit;
36.2 	(3) claimant demographics by age, gender, average weekly wage, occupation, and the 
36.3 	type of leave taken;
36.4 	(4) the percentage of claims denied and the reasons therefor, including, but not limited 
36.5 	to insufficient information and ineligibility and the reason therefor;
36.6 	(5) average weekly benefit amount paid for all claims and by category of benefit;
36.7 	(6) changes in the benefits paid compared to previous fiscal years;
36.8 	(7) processing times for initial claims processing, initial determinations, and final 
36.9 	decisions;
36.10 	(8) average duration for cases completed; and
36.11 	(9) the number of cases remaining open at the close of such year.

36.12 	Sec. 27. [268B.22] NOTICE REQUIREMENTS.
36.13 	(a) Each employer must post in a conspicuous place on each of its premises a workplace 
36.14 	notice prepared or approved by the commissioner providing notice of benefits available 
36.15 	under this chapter. The required workplace notice must be in English and each language 
36.16 	other than English which is the primary language of five or more employees or independent 
36.17 	contractors  of that workplace, if such notice is available from the department.
36.18 	(b) Each employer must issue to each employee not more than 30 days from the beginning 
36.19 	date of the employee's employment, or 30 days before premium collection begins, which 
36.20 	ever is later, the following written information provided or approved by the department in 
36.21 	the primary language of the employee:
36.22 	(1) an explanation of the availability of family and medical leave benefits provided under 
36.23 	this chapter, including rights to reinstatement and continuation of health insurance;
36.24 	(2) the amount of premium deductions made by the employer under this chapter;
36.25 	(3) the employer's premium amount and obligations under this chapter;
36.26 	(4) the name and mailing address of the employer;
36.27 	(5) the identification number assigned to the employer by the department;
36.28 	(6) instructions on how to file a claim for family and medical leave benefits;
36.29 	(7) the mailing address, e-mail address, and telephone number of the department; and
36.30 	(8) any other information required by the department.
37.1 	Delivery is made when an employee provides written acknowledgment of receipt of the 
37.2 	information, or signs a statement indicating the employee's refusal to sign such 
37.3 	acknowledgment.
37.4 	(c) Each employer shall provide to each independent contractor with whom it contracts, 
37.5 	at the time such contract is made or, for existing contracts, within 30 days of the effective 
37.6 	date of this section, the following written information provided or approved by the department 
37.7 	in the self-employed individual's primary language:
37.8 	(1) the address and telephone number of the department; and
37.9 	(2) any other information required by the department.
37.10 	(d) An employer that fails to comply with this subsection may be issued, for a first 
37.11 	violation, a civil penalty of $50 per employee and per independent contractor with whom 
37.12 	it has contracted, and for each subsequent violation, a civil penalty of $300 per employee 
37.13 	or self-employed individual with whom it has contracted. The employer  shall have the 
37.14 	burden of demonstrating compliance with this section.
37.15 	(e) Employer notice to an employee under this section may be provided in paper or 
37.16 	electronic format. For notice provided in electronic format only, the employer must provide 
37.17 	employee access to an employer-owner computer during an employee's regular working 
37.18 	hours to review and print required notices.

37.19 	Sec. 28. [268B.23] RELATIONSHIP TO OTHER LEAVE; CONSTRUCTION.
37.20 		Subdivision 1.Concurrent leave. An employer may require leave taken under this 
37.21 	chapter to run concurrently with leave taken for the same purpose under section 181.941 
37.22 	or the Family and Medical Leave Act, United States Code, title 29, sections 2601 to 2654, 
37.23 	as amended.
37.24 		Subd. 2.Construction. Nothing in this chapter shall be construed to:
37.25 	(1) allow an employer to compel an employee to exhaust accumulated sick, vacation, 
37.26 	or personal time before or while taking leave under this chapter;
37.27 	(2) prohibit an employer from providing additional benefits, including, but not limited 
37.28 	to, covering the portion of earnings not provided under this chapter during periods of leave 
37.29 	covered under this chapter; or
37.30 	(3) limit the parties to a collective bargaining agreement from bargaining and agreeing 
37.31 	with respect to leave benefits and related procedures and employee protections that meet 
38.1 	or exceed, and do not otherwise conflict with, the minimum standards and requirements in 
38.2 	this chapter.

38.3 	Sec. 29. [268B.24] SMALL BUSINESS ASSISTANCE GRANTS.
38.4 	(a) Employers with 50 or fewer employees may apply to the department for grants under 
38.5 	this section.
38.6 	(b) The commissioner may approve a grant of up to $3,000 if the employer hires a 
38.7 	temporary worker to replace an employee on family or medical leave for a period of seven 
38.8 	days or more.
38.9 	(c) For an employee's family or medical leave, the commissioner may approve a grant 
38.10 	of up to $1,000 as reimbursement for significant additional wage-related costs due to the 
38.11 	employee's leave.
38.12 	(d) To be eligible for consideration for a grant under this section, the employer must 
38.13 	provide the department written documentation showing the temporary worker hired or 
38.14 	significant wage-related costs incurred are due to an employee's use of leave under this 
38.15 	chapter.
38.16 	(e) The grants under this section may be funded from the account.
38.17 	(f) For the purposes of this section, the commissioner shall average the number of 
38.18 	employees reported by an employer over the last four completed calendar quarters to 
38.19 	determine the size of the employer.
38.20 	(g) An employer who has an approved private plan is not eligible to receive a grant under 
38.21 	this section.

38.22 	Sec. 30. Minnesota Statutes 2018, section 290.0132, is amended by adding a subdivision 
38.23 	to read:
38.24 		Subd. 23.Benefits under chapter 268B. The amount received in benefits under chapter 
38.25 	268B is a subtraction.

38.26 	Sec. 31. EFFECTIVE DATE.
 38.27 	(a) Benefits under Minnesota Statutes, chapter 268B, shall not be applied for nor paid 
38.28 	until January 1, 2022, and thereafter. This article is effective August 1, 2020, unless 
38.29 	specifically provided otherwise.
38.30 	(b) Sections 17 and 18 are effective on January 1, 2021.

39.1 	ARTICLE 2
39.2 	APPROPRIATIONS

39.3 	Section 1. FAMILY AND MEDICAL BENEFIT PROGRAM APPROPRIATIONS.
 39.4 	$....... in fiscal year 2021 is appropriated from the general fund to the commissioner of 
39.5 	employment and economic development for the purposes of Minnesota Statutes, chapter 
39.6 	268B. This appropriation does not cancel and unexpended amounts may be used in fiscal 
39.7 	year 2022. The base amount for fiscal year 2022 is $0. The base amount for fiscal year 2023 
39.8 	is $....... The base amounts for 2024 and beyond are $0.
39.9 	$....... in fiscal year 2021 is appropriated from the general fund to the commissioner of 
39.10 	labor and industry for the purposes of enforcement of Minnesota Statutes, chapter 268B. 
39.11 	This appropriation does not cancel and unexpended amounts may be used in fiscal year 
39.12 	2022. The base amount for fiscal year 2022 is $0. The base amount for fiscal year 2023 is 
39.13 	$....... The base amounts for 2024 and beyond are $0.
39.14 	$........ in fiscal year 2020 is appropriated from the general fund to the commissioner of 
39.15 	employment and economic development for the purpose of outreach, education, and technical 
39.16 	assistance for employees and employers.
39.17 	$....... in fiscal year 2020 is appropriated from the general fund to the commissioner of 
39.18 	labor and industry for the purpose of outreach, education, and technical assistance for 
39.19 	employers and employees. This outreach must include efforts to notify self-employed 
39.20 	individuals of their ability to elect coverage under Minnesota Statutes, section 268B.11, 
39.21 	and provide them with educational and technical assistance in doing so.
39.22 	$....... in fiscal year 2020 is appropriated from the general fund to the commissioner of 
39.23 	employment and economic development for grants to community-based groups providing 
39.24 	outreach, education, and technical assistance for employees and employers. This outreach 
39.25 	must include efforts to notify self-employed individuals of their ability to elect coverage 
39.26 	under Minnesota Statutes, section 268B.11, and provide them with educational and technical 
39.27 	assistance in doing so.

39.28 	EFFECTIVE DATE. This section is effective July 1, 2019.

40.1 	ARTICLE 3
40.2 	FAMILY AND MEDICAL LEAVE BENEFIT AS EARNINGS

40.3 	Section 1. Minnesota Statutes 2018, section 256J.561, is amended by adding a subdivision 
40.4 	to read:
40.5 		Subd. 4.Parents receiving family and medical leave benefits. A parent who meets 
40.6 	the criteria under subdivision 2 and who receives benefits under chapter 268B is not required 
40.7 	to participate in employment services.

40.8 	Sec. 2. Minnesota Statutes 2018, section 256J.95, subdivision 3, is amended to read:
40.9 		Subd. 3.Eligibility for diversionary work program. (a) Except for the categories of 
40.10 	family units listed in clauses (1) to (8), all family units who apply for cash benefits and who 
40.11 	meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must 
40.12 	participate in the diversionary work program. Family units or individuals that are not eligible 
40.13 	for the diversionary work program include:
40.14 	(1) child only cases;
40.15 	(2) single-parent family units that include a child under 12 months of age. A parent is 
40.16 	eligible for this exception once in a parent's lifetime;
40.17 	(3) family units with a minor parent without a high school diploma or its equivalent;
40.18 	(4) family units with an 18- or 19-year-old caregiver without a high school diploma or 
40.19 	its equivalent who chooses to have an employment plan with an education option;
40.20 	(5) family units with a caregiver who received DWP benefits within the 12 months prior 
40.21 	to the month the family applied for DWP, except as provided in paragraph (c);
40.22 	(6) family units with a caregiver who received MFIP within the 12 months prior to the 
40.23 	month the family applied for DWP;
40.24 	(7) family units with a caregiver who received 60 or more months of TANF assistance; 
40.25 	and
40.26 	(8) family units with a caregiver who is disqualified from the work participation cash 
40.27 	benefit program, DWP, or MFIP due to fraud.; and
40.28 	(9) single-parent family units where a parent is receiving family and medical leave 
40.29 	benefits under chapter 268B.
41.1 	(b) A two-parent family must participate in DWP unless both caregivers meet the criteria 
41.2 	for an exception under paragraph (a), clauses (1) through (5), or the family unit includes a 
41.3 	parent who meets the criteria in paragraph (a), clause (6), (7), or (8).
41.4 	(c) Once DWP eligibility is determined, the four months run consecutively. If a participant 
41.5 	leaves the program for any reason and reapplies during the four-month period, the county 
41.6 	must redetermine eligibility for DWP.

41.7 	Sec. 3. Minnesota Statutes 2018, section 256J.95, subdivision 11, is amended to read:
41.8 		Subd. 11.Universal participation required. (a) All DWP caregivers, except caregivers 
41.9 	who meet the criteria in paragraph (d), are required to participate in DWP employment 
41.10 	services. Except as specified in paragraphs (b) and (c), employment plans under DWP must, 
41.11 	at a minimum, meet the requirements in section 256J.55, subdivision 1.
41.12 	(b) A caregiver who is a member of a two-parent family that is required to participate 
41.13 	in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed 
41.14 	to develop an employment plan under section 256J.521, subdivision 2, that may contain 
41.15 	alternate activities and reduced hours.
41.16 	(c) A participant who is a victim of family violence shall be allowed to develop an 
41.17 	employment plan under section 256J.521, subdivision 3. A claim of family violence must 
41.18 	be documented by the applicant or participant by providing a sworn statement which is 
41.19 	supported by collateral documentation in section 256J.545, paragraph (b).
41.20 	(d) One parent in a two-parent family unit that has a natural born child under 12 months 
41.21 	of age is not required to have an employment plan until the child reaches 12 months of age 
41.22 	unless the family unit has already used the exclusion under section 256J.561, subdivision 
41.23 	3, or the previously allowed child under age one exemption under section 256J.56, paragraph 
41.24 	(a), clause (5). if that parent:
41.25 	(1) receives family and medical leave benefits under chapter 268B; or
41.26 	(2) has a natural born child under 12 months of age until the child reaches 12 months 
41.27 	of age unless the family unit has already used the exclusion under section 256J.561, 
41.28 	subdivision 3, or the previously allowed child under age one exemption under section 
41.29 	256J.56, paragraph (a), clause (5).
41.30 	(e) The provision in paragraph (d) ends the first full month after the child reaches 12 
41.31 	months of age. This provision is allowable only once in a caregiver's lifetime. In a two-parent 
41.32 	household, only one parent shall be allowed to use this category.
42.1 	(f) The participant and job counselor must meet in the month after the month the child 
42.2 	reaches 12 months of age to revise the participant's employment plan. The employment plan 
42.3 	for a family unit that has a child under 12 months of age that has already used the exclusion 
42.4 	in section 256J.561 must be tailored to recognize the caregiving needs of the parent.

42.5 	Sec. 4. Minnesota Statutes 2018, section 256P.01, subdivision 3, is amended to read:
42.6 		Subd. 3.Earned income. "Earned income" means cash or in-kind income earned through 
42.7 	the receipt of wages, salary, commissions, bonuses, tips, gratuities, profit from employment 
42.8 	activities, net profit from self-employment activities, payments made by an employer for 
42.9 	regularly accrued vacation or sick leave, severance pay based on accrued leave time, benefits 
42.10 	paid under chapter 268B, payments from training programs at a rate at or greater than the 
42.11 	state's minimum wage, royalties, honoraria, or other profit from activity that results from 
42.12 	the client's work, service, effort, or labor. The income must be in return for, or as a result 
42.13 	of, legal activity.