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Minnesota Legislature

Office of the Revisor of Statutes

HF 2366

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/10/2014 03:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to employment; modifying eligibility for unemployment benefits when
applicant is victim of sexual assault or stalking; amending Minnesota Statutes
2012, section 268.095, subdivisions 1, 6.

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

Section 1.

Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read:


Subdivision 1.

Quit.

An applicant who quit employment is ineligible for all
unemployment benefits according to subdivision 10 except when:

(1) the applicant quit the employment because of a good reason caused by the
employer as defined in subdivision 3;

(2) the applicant quit the employment to accept other covered employment that
provided substantially better terms and conditions of employment, but the applicant did
not work long enough at the second employment to have sufficient subsequent earnings to
satisfy the period of ineligibility that would otherwise be imposed under subdivision 10
for quitting the first employment;

(3) the applicant quit the employment within 30 calendar days of beginning the
employment because the employment was unsuitable for the applicant;

(4) the employment was unsuitable for the applicant and the applicant quit to enter
reemployment assistance training;

(5) the employment was part time and the applicant also had full-time employment
in the base period, from which full-time employment the applicant separated because of
reasons for which the applicant was held not to be ineligible, and the wage credits from
the full-time employment are sufficient to meet the minimum requirements to establish a
benefit account under section 268.07;

(6) the applicant quit because the employer notified the applicant that the applicant
was going to be laid off because of lack of work within 30 calendar days. An applicant
who quit employment within 30 calendar days of a notified date of layoff because of lack
of work is ineligible for unemployment benefits through the end of the week that includes
the scheduled date of layoff;

(7) the applicant quit the employment (i) because the applicant's serious illness or
injury made it medically necessary that the applicant quit; or (ii) in order to provide
necessary care because of the illness, injury, or disability of an immediate family member
of the applicant. This exception only applies if the applicant informs the employer of
the medical problem and requests accommodation and no reasonable accommodation
is made available.

If the applicant's serious illness is chemical dependency, this exception does not
apply if the applicant was previously diagnosed as chemically dependent or had treatment
for chemical dependency, and since that diagnosis or treatment has failed to make
consistent efforts to control the chemical dependency.

This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;

(8) the applicant's loss of child care for the applicant's minor child caused the
applicant to quit the employment, provided the applicant made reasonable effort to obtain
other child care and requested time off or other accommodation from the employer and no
reasonable accommodation is available.

This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;

(9) new text beginthe applicant quit becausenew text end domestic abusenew text begin, sexual assault, or stalkingnew text end of the
applicant or an immediate family member of the applicant, necessitated the applicant's
quitting the employment. deleted text beginDomestic abusedeleted text enddeleted text begin must be shown by one or more of the following:
deleted text end

deleted text begin (i) a district court order for protection or other documentation of equitable relief
deleted text end deleted text begin issued by a court;
deleted text end

deleted text begin (ii) a police record documenting the domestic abuse deleted text end deleted text begin ;
deleted text end

deleted text begin (iii) documentation that the perpetrator of the domestic abuse deleted text end deleted text begin has been convicted
of the offense
deleted text end deleted text begin of domestic abuse deleted text end deleted text begin ;
deleted text end

deleted text begin (iv) medical documentation of domestic abuse deleted text end deleted text begin ; deleted text end deleted text begin or
deleted text end

deleted text begin (v) written statement that the applicant or an immediate family member of the
deleted text end deleted text begin applicant is a victim of domestic abuse, deleted text end deleted text begin provided by a social deleted text end deleted text begin worker, member of the
clergy, shelter worker, attorney at law, or other professional who
deleted text end deleted text begin has assisted the applicant
in dealing with the domestic abuse
deleted text end deleted text begin .
deleted text end

deleted text begin Domestic abuse for purposes of this clause is defined under section 518B.01; or
deleted text end

new text begin For purposes of this section:
new text end

new text begin (i) "domestic abuse" has the meaning given in section 518B.01;
new text end

new text begin (ii) "sexual assault" means an act that would constitute a violation of sections
609.342 to 609.3453 or 609.352; and
new text end

new text begin (iii) "stalking" means an act that would constitute a violation of section 609.749; or
new text end

(10) the applicant quit in order to relocate to accompany a spouse whose job location
changed making it impractical for the applicant to commute.

Sec. 2.

Minnesota Statutes 2012, section 268.095, subdivision 6, is amended to read:


Subd. 6.

Employment misconduct defined.

(a) Employment misconduct means any
intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly:

(1) a serious violation of the standards of behavior the employer has the right to
reasonably expect of the employee; or

(2) a substantial lack of concern for the employment.

(b) Regardless of paragraph (a), the following is not employment misconduct:

(1) conduct that was a consequence of the applicant's mental illness or impairment;

(2) conduct that was a consequence of the applicant's inefficiency or inadvertence;

(3) simple unsatisfactory conduct;

(4) conduct an average reasonable employee would have engaged in under the
circumstances;

(5) conduct that was a consequence of the applicant's inability or incapacity;

(6) good faith errors in judgment if judgment was required;

(7) absence because of illness or injury of the applicant, with proper notice to the
employer;

(8) absence, with proper notice to the employer, in order to provide necessary care
because of the illness, injury, or disability of an immediate family member of the applicant;

(9) conduct that was a consequence of the applicant's chemical dependency, unless
the applicant was previously diagnosed chemically dependent or had treatment for
chemical dependency, and since that diagnosis or treatment has failed to make consistent
efforts to control the chemical dependency; or

(10) conduct that was a consequence of the applicant, or an immediate family
member of the applicant, being a victim of domestic abuse deleted text beginas defined under section
518B.01
deleted text endnew text begin, sexual assault, or stalkingnew text end. deleted text beginDomestic abusedeleted text end deleted text beginmust bedeleted text end deleted text beginshown as provided for in
subdivision 1, clause (9).
deleted text end

(c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
169A.31, or 169A.50 to 169A.53 that interferes with or adversely affects the employment
is employment misconduct.

(d) If the conduct for which the applicant was discharged involved only a single
incident, that is an important fact that must be considered in deciding whether the conduct
rises to the level of employment misconduct under paragraph (a). This paragraph does
not require that a determination under section 268.101 or decision under section 268.105
contain a specific acknowledgment or explanation that this paragraph was considered.

(e) The definition of employment misconduct provided by this subdivision is
exclusive and no other definition applies.