1.1 	A bill for an act
1.2 	relating to employment; providing a definition of misuse of earned sick and safe 
1.3 	time;amending Minnesota Statutes 2024, section 181.9447, by adding subdivisions.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2024, section 181.9447, is amended by adding a subdivision 
1.6 	to read:
1.7 		Subd. 3a.Misuse. Misuse occurs when an employee uses earned sick and safe time for 
1.8 	a purpose not covered by subdivision 1. Misuse is not subject to the protections provided 
1.9 	to employees under sections 181.9445 to 181.9448.

1.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

1.11 	Sec. 2. Minnesota Statutes 2024, section 181.9447, is amended by adding a subdivision 
1.12 	to read:
1.13 		Subd. 3b.Pattern or clear instance of suspected misuse. (a) Notwithstanding the 
1.14 	timeline provided in subdivision 3, paragraph (a), an employer is permitted to require 
1.15 	reasonable documentation from an employee when there is a pattern or clear instance of 
1.16 	suspected misuse by the employee.
1.17 	(b) A pattern or clear instance of suspected misuse includes:
1.18 	(1) an employee repeatedly used earned sick and safe time on their scheduled work day 
1.19 	immediately before or after a scheduled day off, vacation, or holiday;
1.20 	(2) an employee repeatedly used increments of earned sick and safe time of less than 30 
1.21 	minutes at the start or end of a scheduled shift;
2.1 	(3) an employee used earned sick and safe time on a day for which the employer 
2.2 	previously denied the employee's request to take other paid leave; or
2.3 	(4) documentation or other evidence that conflicts with the employee's claimed use of 
2.4 	earned sick and safe time.
2.5 	(c) An employer that requires reasonable documentation under this subdivision must do 
2.6 	so in accordance with subdivision 3, paragraphs (b) to (f).
2.7 	(d) An employer that requires reasonable documentation in accordance with this 
2.8 	subdivision is not retaliating against an employee under subdivision 6.

2.9 	EFFECTIVE DATE. This section is effective the day following final enactment.