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Minnesota Legislature

Office of the Revisor of Statutes

HF 1334

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/22/2007

Current Version - as introduced

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A bill for an act
relating to employment; establishing minimum standards of sick leave for certain
workers 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 [181.9395] SICK LEAVE.
new text end

new text begin Subdivision 1. new text end

new text begin Citation; Healthy Families, Healthy Workplaces Act. new text end

new text begin This section
may be cited as the "Healthy Families, Healthy Workplaces Act."
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the Healthy Families, Healthy Workplaces Act is:
(1) to ensure that all working Minnesotans can address their health needs and the health
needs of their families; (2) to permit victims of sexual assault and domestic violence to
address needs directly related to the violence; and (3) to enable workers to seek early and
routine medical care for themselves and their family members.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following definitions apply.
new text end

new text begin (a) "Employ" is as defined in the Fair Labor Standards Act, section 177.23,
subdivision 5.
new text end

new text begin (b) "Employer" is as defined in the Fair Labor Standards Act, section 177.23,
subdivision 6, but as used in this section applies only to employers who employ ten or
more persons.
new text end

new text begin (c) "Employee" is as defined in the Fair Labor Standards Act, section 177.23,
subdivision 7.
new text end

new text begin (d) "Child" means biological, adopted or foster child, stepchild or legal ward, or a
child to whom the employee stands in loco parentis who is under the age of 18 years or
who is 18 years of age or older but incapable of self care or earning a living due to a
physical or mental disability or incapacity.
new text end

new text begin (e) "Parent" means a biological, foster, stepparent or adoptive parent, or legal
guardian of an employee or an employeea??s spouse, or a person who stood in loco parentis
when the employee was a minor child.
new text end

new text begin (f) "Spouse" means a person to whom the employee is legally married under the
laws of Minnesota.
new text end

new text begin (g) "Grandparent" means a parent of a parent.
new text end

new text begin (h) "Extended family member" means a relative within the third degree by blood or
marriage.
new text end

new text begin (i) "Small employer" means any private individual, firm, partnership, institution,
corporation, or association that employs less than ten persons.
new text end

new text begin (j) "Health care professional" means any person licensed under federal or Minnesota
state law to provide medical or emergency services, including but not limited to doctors,
nurses, and emergency room personnel.
new text end

new text begin (k) "Paid sick leave" means leave that is compensated at the same hourly rate as the
employee earns from his or her employment and is provided by an employer or small
employer to an employee for the purposes described in section 3.
new text end

new text begin (l) "Domestic violence" is as defined in the Domestic Abuse Act, section 518B.01,
subdivision 2, paragraph (a).
new text end

new text begin (m) "Sexual assault" includes sexual assault in the first, second, third, fourth, and
fifth degree as defined in sections 609.342 to 609.3451.
new text end

new text begin (n) "Stalking" means engaging in a course of conduct directed at a specific person
that would cause a reasonable person to: (1) fear for his or her safety or the safety of
others; or (2) suffer substantial emotional distress.
new text end

new text begin (o) "Small business employer" for purposes of this section means any private
individual, firm, partnership, institution, corporation, or association that employs less
than ten persons.
new text end

new text begin (p) "Retaliatory personnel action" means the discharge, suspension, or demotion
by an employer of an employee or any other adverse employment action taken by an
employer against an employee in the terms and conditions of employment.
new text end

new text begin (q) "Department" means the Department of Labor and Industry.
new text end

new text begin (r) "Commissioner" means the commissioner of labor and industry or an authorized
designee or representative.
new text end

new text begin Subd. 4. new text end

new text begin Accrual of paid sick leave. new text end

new text begin (a) All employees have the right to paid sick
leave as provided in this section.
new text end

new text begin (b) All employers shall provide a minimum of one hour of paid sick leave for every
40 hours worked by an employee. Employers will not be required under this section to
provide more than 52 hours of sick leave for an employee in a calendar year.
new text end

new text begin (c) Small business employers shall provide a minimum of one hour of paid sick
leave for every 80 hours worked by an employee. Small employers will not be required
under this section to provide more than 26 hours of paid sick leave in a calendar year.
new text end

new text begin (d) Paid sick leave shall accrue in hour unit increments.
new text end

new text begin (e) Paid sick leave as provided in this section shall begin to accrue at the
commencement of employment.
new text end

new text begin (f) Employees shall be entitled to use accrued paid sick leave beginning on the 90th
day following commencement of their employment. After the 90th day of employment,
employees may use sick leave as it is accrued.
new text end

new text begin (g) There shall be a limit of 40 hours on the amount of paid sick leave an employee
may carry forward from one calendar year to the next.
new text end

new text begin (h) Any employer with a paid leave policy who makes available an amount of paid
leave that may be used for the same purposes and under the same conditions as paid sick
leave under this section shall be deemed to be in compliance with this section.
new text end

new text begin (i) Nothing in this section shall be construed to prevent employers from adopting or
retaining leave policies that are more generous than the policies required under this section.
new text end

new text begin Subd. 5. new text end

new text begin Use of paid sick leave. new text end

new text begin (a) Paid sick leave shall be provided to an
employee by an employer or small employer for:
new text end

new text begin (1) an employee's mental or physical illness, injury or health condition or need for
medical diagnosis, care, or treatment of a mental or physical illness, injury, or health
condition or need for preventive medical care;
new text end

new text begin (2) care of a spouse, child, parent, grandparent, or extended family member or any
other individual related by blood or affinity whose close relationship with the employee is
the equivalent of a family relationship with a mental or physical illness, injury, or health
condition who needs medical diagnosis, care, or treatment of a mental or physical illness,
injury, or health condition or who needs preventive medical care; and
new text end

new text begin (3) absence necessary due to domestic violence, provided the leave is to:
new text end

new text begin (i) seek medical attention for the employee or employee's child, spouse, parent,
grandparent, or extended family member to recover from physical or psychological injury
or disability caused by domestic or sexual violence;
new text end

new text begin (ii) obtain services from a victim services organization;
new text end

new text begin (iii) obtain psychological or other counseling;
new text end

new text begin (iv) seek relocation due to the domestic or sexual violence or stalking; or
new text end

new text begin (v) take legal action, including preparing for or participating in any civil or criminal
legal proceeding related to or resulting from the domestic or sexual violence.
new text end

new text begin (b) An employer or small employer may require reasonable notice of the need for
paid sick leave. If the need for the leave is foreseeable, an employer may require advance
notice of the intention to take such leave, but in no case shall require notice of more than
seven days advance notice. If the need is not foreseeable, an employer may require an
employee to give notice of the need for leave as soon as practicable.
new text end

new text begin (c) For leave of more than three consecutive days, an employer may require
reasonable documentation that the paid leave is covered by paragraph (a). Under paragraph
(a), clause (1) or (2), documentation signed by a heath care professional indicating the
need for the number of paid sick leave days shall be considered reasonable documentation.
Under paragraph (a), clause (3), a court record or documentation signed by an employee
or volunteer working for a victims services organization, an attorney, a police officer, or
other anti-violence counselor shall be considered reasonable documentation.
new text end

new text begin Subd. 6. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer or small employer shall not take
retaliatory personnel action or discriminate against an employee because the employee
has requested paid sick leave under this section or taken paid sick leave guaranteed by
this section or made a complaint or filed an action to enforce their right to paid sick leave
under this section.
new text end

new text begin Subd. 7. new text end

new text begin Notice and posting. new text end

new text begin (a) Employers shall give notice that employees
are entitled to paid sick leave, the amount of paid sick leave, and the terms of its use
guaranteed under this section, that retaliation against employees who request or use paid
sick leave is prohibited, and that each employee has the right to file a complaint or bring
a civil action if sick leave as required by this section is denied by the employer or the
employee is retaliated against for requesting or taking paid sick leave.
new text end

new text begin (b) Employers may comply with this section by supplying each of their employees
with a notice in English and Spanish that contains the information required in paragraph
(a).
new text end

new text begin (c) Employers may comply with this section by displaying a poster in a conspicuous
and accessible place in each establishment where such employees are employed which
contains in English and Spanish all information required under paragraph (a).
new text end

new text begin (d) The commissioner shall create and make available to employers for their use
in complying with this subdivision, posters that contain the information required under
paragraph (a).
new text end

new text begin Subd. 8. new text end

new text begin Regulations; investigations. new text end

new text begin (a) The commissioner shall issue regulations
for implementing this section including, but not limited to, requirements for documentation
by employers and small employers of their compliance with the terms of this section.
new text end

new text begin (b) The commissioner shall have authority under the enforcement powers provided
in section 175.20, to insure compliance with the terms of this section.
new text end

new text begin Subd. 9. new text end

new text begin Enforcement. new text end

new text begin (a ) Any person aggrieved by failure to provide paid sick
leave as required by this section may bring a civil action in a state district court against an
employer violating this section.
new text end

new text begin (b) Upon prevailing in an action brought pursuant to this section, aggrieved persons
shall recover the full amount of any unpaid sick leave plus any actual damages suffered as
the result of the employera??s failure to provide paid sick leave and shall also be entitled to
reasonable attorney fees.
new text end

new text begin (c) Upon prevailing in an action brought pursuant to this section, aggrieved persons
shall be entitled to such legal or equitable relief as may be appropriate to remedy the
violation, including, without limitation, reinstatement in employment and injunctive relief.
new text end

new text begin (d) An employee subjected to retaliatory personnel action in violation of this section
may institute a civil action in a state district court and shall be entitled to recover damages
and any other legal or equitable relief as may be appropriate. An employee who prevails
in an action under this subdivision shall be entitled to reasonable attorney fees.
new text end

new text begin (e) Any person aggrieved by either a retaliatory personnel action in violation of this
section or by an employer's failure to provide paid sick leave as required by this section
may file a complaint with the attorney general. The filing of a complaint with the attorney
general does not preclude the filing of a civil action pursuant to subdivision 1 or 2.
new text end

new text begin (f) The attorney general may bring a civil action to enforce this section. The attorney
general may seek injunctive relief. In addition to injunctive relief, or in lieu thereof, for
any employer or other person found to have willfully violated this section, the attorney
general may seek to impose a fine of $1,000 per violation, payable to the state.
new text end

new text begin (g) The statute of limitations for a civil action brought pursuant to this section shall
be a period of five years from the date the alleged violation occurred.
new text end

new text begin (h) Actions brought pursuant to this section may be brought as a class action insofar
as permitted pursuant to Minnesota law.
new text end

new text begin Subd. 10. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin If an employer possesses health
information or information pertaining to domestic violence about an employee or
employee's child, parent, spouse, extended family member, or other individual described
in section 3, such information shall be treated as confidential and not disclosed except to
the affected employee or with the permission of the affected employee.
new text end

new text begin Subd. 11. new text end

new text begin Encouragement of more generous leave policies; no effect on more
generous leave policies.
new text end

new text begin (a) Nothing in this section shall be construed to discourage or
prohibit an employer from the adoption or retention of a paid leave policy more generous
than the one required herein.
new text end

new text begin (b) Nothing in this section shall be construed as diminishing the obligation of an
employer to comply with any contract, collective bargaining agreement, employment
benefit plan, or other agreement providing more generous leave to an employee than
required herein.
new text end

new text begin (c) Nothing in this section shall be construed as diminishing the rights of public
employees regarding paid sick leave or use of sick leave as provided in section 43A.1815.
new text end

Sec. 2. new text beginSEVERABILITY.
new text end

new text begin If any provision of this act or application thereof to any person or circumstance is
judged invalid, the invalidity shall not affect other provisions or applications of the act
which can be given effect without the invalid provision or application, and to this end the
provisions of this act are declared severable.
new text end

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective 180 days following final enactment.
new text end