HF 306

as introduced - 89th Legislature (2015 - 2016) Posted on 01/22/2015 02:24pm

A bill for an act
relating to education; amending the definition of public employee to include
replacement employees who are employed for more than 60 days as a
replacement teacher or faculty member; amending Minnesota Statutes 2014,
section 179A.03, subdivision 14.

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

Section 1.

Minnesota Statutes 2014, section 179A.03, subdivision 14, is amended to
read:

Subd. 14.

Public employee or employee.

(a) "Public employee" or "employee"
means any person appointed or employed by a public employer except:

(1) elected public officials;

(2) election officers;

(3) commissioned or enlisted personnel of the Minnesota National Guard;

(4) emergency employees who are employed for emergency work caused by natural
disaster;

(5) part-time employees whose service does not exceed the lesser of 14 hours per
week or 35 percent of the normal work week in the employee's appropriate unit;

(6) employees whose positions are basically temporary or seasonal in character and:
(i) are not for more than 67 working days in any calendar year; or (ii) are not for more
than 100 working days in any calendar year and the employees are under the age of 22, are
full-time students enrolled in a nonprofit or public educational institution prior to being
hired by the employer, and have indicated, either in an application for employment or by
being enrolled at an educational institution for the next academic year or term, an intention
to continue as students during or after their temporary employment;

(7) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

(8) employees of charitable hospitals as defined by section 179.35, subdivision 3,
except that employees of charitable hospitals as defined by section 179.35, subdivision 3,
are public employees for purposes of sections 179A.051, 179A.052, and 179A.13;

(9) full-time undergraduate students employed by the school which they attend
under a work-study program or in connection with the receipt of financial aid, irrespective
of number of hours of service per week;

(10) an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;

(11) an individual hired by the Board of Trustees of the Minnesota State Colleges
and Universities to teach one course for three or fewer credits for one semester in a year;

(12) with respect to court employees:

(i) personal secretaries to judges;

(ii) law clerks;

(iii) managerial employees;

(iv) confidential employees; and

(v) supervisory employees;

(13) with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) and (6):

(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
who is a public employee, where the replacement employee is employed more than deleted text begin 30 deleted text end new text begin 60 new text end
working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
position created due to increased enrollment, curriculum expansion, courses which are a
part of the curriculum whether offered annually or not, or other appropriate reasons;

(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that
same position has already been filled under paragraph (a), clause (6), item (i), in the same
calendar year and the cumulative number of days worked in that same position by all
employees exceeds 67 calendar days in that year. For the purpose of this paragraph, "same
position" includes a substantially equivalent position if it is not the same position solely
due to a change in the classification or title of the position; and

(3) an early childhood family education teacher employed by a school district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end