HF 2525

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; requiring that employers allow 
  1.3             unpaid leave for employees to perform volunteer 
  1.4             firefighter duties; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 181. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [181.947] [VOLUNTEER FIREFIGHTERS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.9   section, the following terms have the meanings given them in 
  1.10  this subdivision. 
  1.11     (b) "Employee" means a person who performs services for 
  1.12  hire for an employer, but not an essential employee as defined 
  1.13  in section 179A.03, subdivision 7. 
  1.14     (c) "Employer" means any person having ten or more 
  1.15  full-time employees in Minnesota and includes the state and any 
  1.16  political subdivision of the state. 
  1.17     Subd. 2.  [ADVERSE ACTION PROHIBITED.] An employer shall 
  1.18  not discharge, discipline, threaten, otherwise discriminate 
  1.19  against, or penalize an employee regarding the employee's terms, 
  1.20  conditions, location, or privileges of employment because the 
  1.21  employee is absent from or late to work for up to 40 hours in 
  1.22  any 12-month period in order to perform duties as a volunteer 
  1.23  firefighter, if those duties are emergency response activities.  
  1.24  This section does not apply where the duties involve 
  1.25  administrative or training activities only.  Nothing in this 
  2.1   section requires an employer to pay an employee for time spent 
  2.2   performing volunteer firefighter duties that are not part of the 
  2.3   employment. 
  2.4      Subd. 3.  [INDIVIDUAL REMEDIES.] In addition to any other 
  2.5   remedies provided by law, a person injured by a violation of 
  2.6   subdivision 2 may bring a civil action to recover damages, 
  2.7   costs, disbursements, and reasonable attorney's fees, and may 
  2.8   receive injunctive and equitable relief as determined by a court.