HF 2650

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/24/2025 03:02 p.m.

A bill for an act
relating to labor; allowing the cost of earned sick and safe time benefits to be
included in the prevailing wage calculation under certain conditions; amending
Minnesota Statutes 2024, section 181.9448, subdivision 1.

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

Section 1.

Minnesota Statutes 2024, section 181.9448, subdivision 1, is amended to read:

Subdivision 1.

Effect on more generous sick and safe time policies.

(a) Nothing in
sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting
or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9448. All paid time off and other paid leave made available to an employee by an
employer in excess of the minimum amount required in section 181.9446 for absences from
work due to personal illness or injury, but not including short-term or long-term disability
or other salary continuation benefits, must meet or exceed the minimum standards and
requirements provided in sections 181.9445 to 181.9448, except for section 181.9446. For
paid leave accrued prior to January 1, 2024, for absences from work due to personal illness
or injury, an employer may require an employee who uses such leave to follow the written
notice and documentation requirements in the employer's applicable policy or applicable
collective bargaining agreement as of December 31, 2023, in lieu of the requirements of
section 181.9447, subdivisions 2 and 3, provided that an employer does not require an
employee to use leave accrued on or after January 1, 2024, before using leave accrued prior
to that date.

(b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of
parties to a collective bargaining agreement to bargain and agree with respect to earned sick
and safe time policies or to diminish the obligation of an employer to comply with any
contract, collective bargaining agreement, or any employment benefit program or plan that
meets or exceeds, and does not otherwise conflict with, the minimum standards and
requirements provided in this section.

(c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or
otherwise affect the applicability of any other law, regulation, requirement, policy, or
standard that provides for a greater amount, accrual, or use by employees of paid sick and
safe time or that extends other protections to employees.

(d) Nothing in sections 181.9445 to 181.9448 shall be construed or applied so as to
create any power or duty in conflict with federal law.

(e) Employers who provide earned sick and safe time to their employees under a paid
time off policy or other paid leave policy that may be used for the same purposes and under
the same conditions as earned sick and safe time, and that meets or exceeds, and does not
otherwise conflict with, the minimum standards and requirements provided in sections
181.9445 to 181.9448 are not required to provide additional earned sick and safe time.

(f) The provisions of sections 181.9445 to 181.9448 may be waived by a collective
bargaining agreement with a bona fide building and construction trades labor organization
that has established itself as the collective bargaining representative for the affected building
and construction industry employees, provided that for such waiver to be valid, it shall
explicitly reference sections 181.9445 to 181.9448 and clearly and unambiguously waive
application of those sections to such employees. new text begin Notwithstanding any law to the contrary,
a construction contractor that has not reached or is not eligible for a waiver agreement with
its employees for the provision of earned sick and safe time as allowed under this paragraph
may include the cost of that benefit, if provided, in the construction contractor's prevailing
wage calculation under section 177.42, subdivision 6.
new text end

(g) The requirements of section 181.9447, subdivision 3, may be waived for paid leave
made available to an employee by an employer for absences from work in excess of the
minimum amount required in section 181.9446 through a collective bargaining agreement
with a labor organization that has established itself as the collective bargaining representative
for the employees, provided that for such waiver to be valid, it shall explicitly reference
section 181.9447, subdivision 3, and clearly and unambiguously waive application of that
subdivision to such employees.

(h) An individual provider, as defined in section 256B.0711, subdivision 1, paragraph
(d), who provides services through a consumer support grant under section 256.476,
consumer-directed community supports under section 256B.4911, or community first services
and supports under section 256B.85, to a family member who is a participant, as defined
in section 256B.0711, subdivision 1, paragraph (e), may individually waive the provisions
of sections 181.9445 to 181.9448 for the remainder of the participant's service plan year,
provided that the funds are returned to the participant's budget. Once an individual provider
has waived the provisions of sections 181.9445 to 181.9448, they may not accrue earned
sick and safe time until the start of the participant's next service plan year.

(i) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy
whereby employees may donate unused accrued sick and safe time to another employee.

(j) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and
safe time to an employee before accrual by the employee.