SF 3885

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/27/2026 10:06 a.m.

A bill for an act
relating to paid leave; requiring valid work authorization to receive benefits under
the Minnesota Paid Leave Law; amending Minnesota Statutes 2024, sections
268B.01, subdivisions 15, 15a, 17; 268B.04, subdivision 2; 268B.06, subdivision
4.

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

Section 1.

Minnesota Statutes 2024, section 268B.01, subdivision 15, is amended to read:

Subd. 15.

Covered employment.

(a) "Covered employment" means performing services
of whatever nature, unlimited by the relationship of master and servant as known to the
common law, or any other legal relationship performed for wages or under any contract
calling for the performance of services, written or oral, express or implied.

(b) For the purposes of this chapter, covered employment means an employee's entire
employment during a calendar year if:

(1) 50 percent or more of the employment during the calendar year is performed in
Minnesota; or

(2) 50 percent or more of the employment during the calendar year is not performed in
Minnesota or any other single state within the United States, or United States territory or
foreign nation, but some of the employment is performed in Minnesota and the employee's
residence is in Minnesota during 50 percent or more of the calendar year.

(c) "Covered employment" does not include:

(1) a self-employed individual;

(2) an independent contractor; deleted text begin or
deleted text end

(3) employment by a seasonal employee, as defined in subdivision 35 new text begin ; or
new text end

new text begin (4) employment without valid work authorization new text end .

(d) Entities that are excluded under this section may opt in to coverage following a
procedure determined by the commissioner. In such cases, services provided by employees
are considered covered employment under subdivision 15.

(e) The commissioner may adopt rules in accordance with chapter 14 to:

(1) further define the application of this subdivision; and

(2) establish the criteria for covered employment for individuals that do not meet the
criteria in paragraphs (a) and (b), but that perform services as an employee to a Minnesota
employer.

Sec. 2.

Minnesota Statutes 2024, section 268B.01, subdivision 15a, is amended to read:

Subd. 15a.

Covered individual.

new text begin (a) new text end "Covered individual" means either:

(1) an applicant who meets the financial eligibility requirements of section 268B.04,
subdivision 2, if services provided are covered employment under subdivision 15; or

(2) a self-employed individual or independent contractor who has elected coverage under
section 268B.11 and who meets the financial eligibility requirements under section 268B.11.

new text begin (b) Covered individual does not include an individual who does not have valid work
authorization.
new text end

Sec. 3.

Minnesota Statutes 2024, section 268B.01, subdivision 17, is amended to read:

Subd. 17.

Employee.

(a) "Employee" means an individual who performs services of
whatever nature for an employer.

(b) Employee does not include employees of the United States of America, self-employed
individuals, or independent contractors.

(c) Employee does not include seasonal employees as defined in subdivision 35.

new text begin (d) Employee does not include an individual without a valid work authorization.
new text end

Sec. 4.

Minnesota Statutes 2024, section 268B.04, subdivision 2, is amended to read:

Subd. 2.

Benefit account requirements.

To establish a benefit account, an applicant
must have new text begin (1) new text end wage credits of at least 5.3 percent of the state's average annual wage rounded
down to the next lower $100 new text begin , and (2) a valid work authorization new text end .

Sec. 5.

Minnesota Statutes 2024, section 268B.06, subdivision 4, is amended to read:

Subd. 4.

Not eligible.

An applicant is ineligible for family or medical leave benefits for
any portion of a typical workweek:

(1) that occurs before the effective date of leave;

(2) that the applicant fails or refuses to provide information on an issue of ineligibility
required under section 268B.07, subdivision 2;

(3) for which the applicant worked for pay;

(4) for which the applicant is incarcerated; deleted text begin or
deleted text end

(5) for which the applicant is receiving or has received unemployment insurance benefits new text begin ;
or
new text end

new text begin (6) for which the applicant did not have a valid work authorization new text end .