SF 4697
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/24/2026 10:48 a.m.
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A bill for an act
relating to employment; exempting elected officials from the Minnesota Paid Leave
Law; amending Minnesota Statutes 2024, section 268B.01, subdivisions 15, 17.
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) deleted text begin "deleted text end Covered employmentdeleted text begin "deleted text end does not include:
(1) a self-employed individual;
(2) an independent contractor; deleted text begin or
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(3) employment by a seasonal employee, as defined in subdivision 35deleted text begin .deleted text end new text begin ; or
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(4) employment of the state or a political subdivision, as an elected official, a member
of a legislative body, or a member of the judiciary.
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(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 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.
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(d) Employee does not include an employee of the state or a political subdivision as an
elected official, a member of a legislative body, or a member of the judiciary.
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