HF 463

as introduced - 88th Legislature (2013 - 2014) Posted on 02/11/2013 02:16pm

A bill for an act
relating to employment; requiring pregnancy leave; requiring employment
accommodations for pregnant women; amending Minnesota Statutes 2012,
section 181.942, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 181.

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

Section 1.

new text begin [181.9414] PREGNANCY ACCOMMODATIONS AND LEAVE.
new text end

new text begin Subdivision 1. new text end

new text begin 12-week leave; pregnancy. new text end

new text begin An employer must grant an unpaid leave
of absence to a female employee disabled by pregnancy, childbirth, or related medical
conditions for a reasonable period of time not to exceed 12 weeks. The length of the leave
shall be determined by the employee, but may not exceed 12 weeks, unless agreed to by
the employer. The employee shall be entitled to utilize any accrued vacation or sick leave
during this period of time. "Reasonable period of time" means that period during which
the female employee is disabled on account of pregnancy, childbirth, or related medical
conditions. An employer may require an employee who plans to take a leave pursuant
to this subdivision to give the employer reasonable notice of the date the leave shall
commence and the estimated duration of the leave.
new text end

new text begin Subd. 2. new text end

new text begin Accommodation. new text end

new text begin An employer must provide reasonable accommodation
for an employee for conditions related to pregnancy, childbirth, or related medical
conditions, if she so requests, with the advice of her health care provider. "Reasonable
accommodation" includes, but is not limited to: seating, frequent restroom breaks, and
limits to heavy lifting.
new text end

new text begin Subd. 3. new text end

new text begin Transfer. new text end

new text begin An employer must temporarily transfer a pregnant female
employee to a less strenuous or hazardous position for the duration of her pregnancy if
she so requests, with the advice of her physician, where that transfer can be reasonably
accommodated. However, no employer shall be required by this subdivision to create
additional employment that the employer would not otherwise have created, nor shall
the employer be required to discharge any employee, transfer any employee with more
seniority, or promote any employee who is not qualified to perform the job.
new text end

new text begin Subd. 4. new text end

new text begin Interaction with other laws. new text end

new text begin Nothing in this section shall be construed to
affect any other provision of law relating to sex discrimination or pregnancy, or in any
way to diminish the coverage of pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth under any other provisions of any other law.
new text end

Sec. 2.

Minnesota Statutes 2012, section 181.942, subdivision 1, is amended to read:

Subdivision 1.

Comparable position.

(a) An employee returning from a leave of
absence under deleted text begin section deleted text end new text begin sections new text end 181.941 new text begin and 181.9414, new text end is entitled to return to employment
in the employee's former position or in a position of comparable duties, number of hours,
and pay. An employee returning from a leave of absence longer than one month must
notify a supervisor at least two weeks prior to return from leave. An employee returning
from a leave under section 181.9412 deleted text begin or deleted text end new text begin , new text end 181.9413 new text begin , or 181.9414 new text end is entitled to return to
employment in the employee's former position.

(b) If, during a leave under sections 181.940 to 181.944, the employer experiences
a layoff and the employee would have lost a position had the employee not been on
leave, pursuant to the good faith operation of a bona fide layoff and recall system,
including a system under a collective bargaining agreement, the employee is not entitled to
reinstatement in the former or comparable position. In such circumstances, the employee
retains all rights under the layoff and recall system, including a system under a collective
bargaining agreement, as if the employee had not taken the leave.