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Minnesota Legislature

Office of the Revisor of Statutes

HF 2536

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/24/2014 03:30pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to economic development; providing for the Women's Economic Security
Act; modifying workforce development provisions; modifying eligibility
for unemployment benefits; creating women in high-wage, high-demand,
nontraditional jobs grant program; offering women entrepreneurs business
development competitive grants; modifying pregnancy and parenting leave
and accommodations; providing employment protections for women and
family caregivers; protecting wage disclosure; appropriating money; amending
Minnesota Statutes 2012, sections 181.939; 181.940, subdivision 2; 181.941;
181.943; 268.095, subdivisions 1, 6; 363A.03, by adding a subdivision; 363A.08,
subdivisions 1, 2, 3, 4, by adding subdivisions; Minnesota Statutes 2013
Supplement, section 116L.665, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 116L; 181.

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

ARTICLE 1

WOMEN'S ECONOMIC SECURITY ACT

Section 1. new text beginCITATION; WOMEN'S ECONOMIC SECURITY ACT.
new text end

new text begin This act shall be known as the Women's Economic Security Act.
new text end

ARTICLE 2

ECONOMIC SECURITY

Section 1.

Minnesota Statutes 2013 Supplement, section 116L.665, subdivision 2,
is amended to read:


Subd. 2.

Membership.

The governor's Workforce Development Council is
composed of 31 members appointed by the governor. The members may be removed
pursuant to section 15.059. In selecting the representatives of the council, the governor
shall ensure that 50 percent of the members come from nominations provided by local
workforce councils. Local education representatives shall come from nominations
provided by local education to employment partnerships. The 31 members shall represent
the following sectors:

(a) State agencies: the following individuals shall serve on the council:

(1) commissioner of the Minnesota Department of Employment and Economic
Development;

(2) commissioner of the Minnesota Department of Education; and

(3) commissioner of the Minnesota Department of Human Services.

(b) Business and industry: six individuals shall represent the business and industry
sectors of Minnesota.

(c) Organized labor: six individuals shall represent labor organizations of Minnesota.

(d) Community-based organizations: four individuals shall represent
community-based organizations of Minnesota. Community-based organizations are
defined by the Workforce Investment Act as private nonprofit organizations that are
representative of communities or significant segments of communities and that have
demonstrated expertise and effectiveness in the field of workforce investment and may
include entities that provide job training services, serve youth, serve individuals with
disabilities, serve displaced homemakers, union-related organizations, employer-related
nonprofit organizations, and organizations serving nonreservation Indians and tribal
governments.

(e) Education: six individuals shall represent the education sector of Minnesota
as follows:

(1) one individual shall represent local public secondary education;

(2) one individual shall have expertise in design and implementation of school-based
service-learning;

(3) one individual shall represent leadership of the University of Minnesota;

(4) one individual shall represent secondary/postsecondary vocational institutions;

(5) the chancellor of the Board of Trustees of the Minnesota State Colleges and
Universities; and

(6) one individual shall have expertise in agricultural education.

(f) Other: two individuals shall represent other constituencies including:

(1) units of local government; and

(2) applicable state or local programs.

The speaker and the minority leader of the house of representatives shall each
appoint a representative to serve as an ex officio member of the council. The majority
and minority leaders of the senate shall each appoint a senator to serve as an ex officio
member of the council.

The governor shall appoint one individual representing public librariesnew text begin, one
individual with expertise in assisting women in obtaining employment in high-wage,
high-demand, nontraditional occupations,
new text end and one individual representing adult basic
education programs to serve as deleted text beginadeleted text end nonvoting deleted text beginadvisordeleted text endnew text begin advisorsnew text end to the council.

(g) Appointment: each member shall be appointed for a term of three years from the
first day of January or July immediately following their appointment. Elected officials
shall forfeit their appointment if they cease to serve in elected office.

(h) Members of the council are compensated as provided in section 15.059,
subdivision 3
.

Sec. 2.

new text begin [116L.99] WOMEN AND HIGH-WAGE, HIGH-DEMAND,
NONTRADITIONAL JOBS GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purpose of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of employment and economic
development.
new text end

new text begin (c) ''Eligible organization'' includes, but is not limited to:
new text end

new text begin (1) community-based organizations experienced in serving women;
new text end

new text begin (2) employers;
new text end

new text begin (3) business and trade associations;
new text end

new text begin (4) labor unions and employee organizations;
new text end

new text begin (5) registered apprenticeship programs;
new text end

new text begin (6) secondary and postsecondary education institutions located in Minnesota; and
new text end

new text begin (7) workforce and economic development agencies.
new text end

new text begin (d) "High-wage, high-demand" means occupations that represent at least 0.1 percent
of total employment in the base year, have an annual median salary which is higher than
the average for the current year, and are projected to have more total openings as a share
of employment than the average.
new text end

new text begin (e) "Low-income" means income less than 200 percent of the federal poverty
guideline adjusted for a family size of four.
new text end

new text begin (f) "Nontraditional occupations'' means those occupations in which women make
up less than 25 percent of the workforce as defined under United States Code, title 20,
section 2302.
new text end

new text begin (g) "Registered apprenticeship program'' means a program registered under United
States Code, title 29, section 50.
new text end

new text begin Subd. 2. new text end

new text begin Grant program. new text end

new text begin The commissioner shall establish the women and
high-wage, high-demand, nontraditional jobs grant program to increase the number of
women in high-wage, high-demand, nontraditional occupations. The commissioner shall
make grants to eligible organizations for programs that encourage and assist women to enter
high-wage, high-demand, nontraditional occupations including but not limited to those in
the skilled trades, science, technology, engineering, and math (STEM) occupations.
new text end

new text begin Subd. 3. new text end

new text begin Use of funds. new text end

new text begin (a) Grant funds awarded under this section may be used for:
new text end

new text begin (1) recruitment, preparation, placement, and retention of women, including
low-income women and women over 50 years old, in registered apprenticeships,
postsecondary education programs, on-the-job training, and permanent employment in
high-wage, high-demand, nontraditional occupations;
new text end

new text begin (2) secondary or postsecondary education or other training to prepare women
to succeed in high-wage, high-demand, nontraditional occupations. Activities under
this clause may be conducted by the grantee or in collaboration with another institution,
including but not limited to a public or private secondary or postsecondary school;
new text end

new text begin (3) innovative, hands-on, best practices that stimulate interest in high-wage,
high-demand, nontraditional occupations among girls, increase awareness among
girls about opportunities in high-wage, high-demand, nontraditional occupations, or
increase access to secondary programming leading to jobs in high-wage, high-demand,
nontraditional occupations. Best practices include but are not limited to mentoring,
internships, or apprenticeships for girls in high-wage, high-demand, nontraditional
occupations;
new text end

new text begin (4) training and other staff development for job seeker counselors and Minnesota
family investment program (MFIP) caseworkers on opportunities in high-wage,
high-demand, nontraditional occupations;
new text end

new text begin (5) incentives for employers and sponsors of registered apprenticeship programs
to retain women in high-wage, high-demand, nontraditional occupations for more than
one year;
new text end

new text begin (6) training and technical assistance for employers to create a safe and healthy
workplace environment designed to retain and advance women, including best practices
for addressing sexual harassment, and to overcome gender inequity among employers
and registered apprenticeship programs;
new text end

new text begin (7) public education and outreach activities to overcome stereotypes about women
in high-wage, high-demand, nontraditional occupations, including the development of
educational and marketing materials; and
new text end

new text begin (8) support for women in high-wage, high-demand, nontraditional occupations
including but not limited to assistance with workplace issues resolution and access to
advocacy assistance and services.
new text end

new text begin (b) Grant applications must include detailed information about how the applicant
plans to:
new text end

new text begin (1) increase women's participation in high-wage, high-demand occupations in which
women are currently underrepresented in the workforce;
new text end

new text begin (2) comply with the requirements under subdivision 3; and
new text end

new text begin (3) use grant funds in conjunction with funding from other public or private sources.
new text end

new text begin (c) In awarding grants under this subdivision, the commissioner shall give priority
to eligible organizations:
new text end

new text begin (1) with demonstrated success in recruiting and preparing women, especially
low-income women and women over 50 years old, for high-wage, high-demand,
nontraditional occupations; and
new text end

new text begin (2) that leverage additional public and private resources.
new text end

new text begin (d) At least 50 percent of total grant funds must be awarded to programs providing
services and activities targeted to low-income women.
new text end

new text begin (e) The commissioner of employment and economic development in conjunction
with the commissioner of labor and industry shall monitor the use of funds under this
section, collect and compile information on the activities of other state agencies and public
or private entities that have purposes similar to those under this section, and identify other
public and private funding available for these purposes.
new text end

Sec. 3.

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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 5, 2014, and applies to all
determinations and appeal decisions issued on or after that date.
new text end

Sec. 4.

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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 5, 2014, and applies to all
determinations and appeal decisions issued on or after that date.
new text end

Sec. 5. new text beginHIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL JOBS
PROGRAM APPROPRIATION.
new text end

new text begin $500,000 is appropriated from the general fund in fiscal year 2015 to the
commissioner of employment and economic development to develop and implement the
women and high-wage, high-demand, nontraditional jobs grant program under Minnesota
Statutes, section 116L.99. Funds available under this section must not supplant other
funds available for the same purposes.
new text end

Sec. 6. new text beginWOMEN ENTREPRENEURS BUSINESS DEVELOPMENT;
APPROPRIATION.
new text end

new text begin (a) $500,000 in fiscal year 2015 is appropriated from the general fund to the
commissioner of employment and economic development for grants to Women Venture
and the Arrowhead Economic Opportunity Agency to facilitate and promote the creation
and expansion of women-owned businesses. Funds available under this section must be
divided equally among grant recipients. This is a onetime appropriation. Grant funds may
be used only for the purposes under paragraph (b) except that up to ten percent of each
grant award may be used by grant recipients for administrative costs.
new text end

new text begin (b) Grants awarded under this section must be used for:
new text end

new text begin (1) entrepreneurial training, mentoring, and technical assistance for the startup or
expansion of eligible women-owned businesses;
new text end

new text begin (2) development of networks of potential investors for eligible women-owned
businesses; and
new text end

new text begin (3) development of recruitment programs for mid-career women with an interest in
starting eligible women-owned businesses.
new text end

new text begin (c) For the purposes of this section "eligible women-owned business" means a
business entity:
new text end

new text begin (1) that is at least 51 percent female owned or, in the case of a publicly traded
business, at least 51 percent of the stock is female owned;
new text end

new text begin (2) whose management and daily operations are controlled by women;
new text end

new text begin (3) that is organized for profit;
new text end

new text begin (4) that is projected to generate at least $500,000 in annual revenue and create at
least ten jobs, each of which pay an annual income equal to at least 200 percent of the
federal poverty guideline adjusted for a family size of four; and
new text end

new text begin (5) in the field of construction; transportation; warehousing; agriculture; mining;
finance; insurance; professional, technical, or scientific services; technology; or other
industries with businesses meeting the revenue and job creation requirements of clause (4).
new text end

new text begin (d) A grant award under this section does not affect any other grant award or
appropriation made to a grant recipient.
new text end

Sec. 7. new text beginWOMEN AND HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL
JOBS APPRENTICESHIPS; APPROPRIATION.
new text end

new text begin $250,000 is appropriated from the general fund in fiscal year 2015 to the
commissioner of labor and industry for the labor education advancement program under
Minnesota Statutes, section 178.11, to educate, promote, assist, and support women to enter
apprenticeship programs in high-wage, high-demand, nontraditional occupations. Funds
available under this section must not supplant other funds available for the same purposes.
new text end

ARTICLE 3

LABOR STANDARDS AND WAGES

Section 1.

Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read:


Subd. 2.

Employee.

"Employee" means a person who performs services for hire for
an employer from whom a leave is requested under sections 181.940 to 181.944 for:

(1) at least 12 deleted text beginconsecutivedeleted text end months deleted text beginimmediatelydeleted text end preceding the request; and

(2) for an average number of hours per week equal to one-half the full-time
equivalent position in the employee's job classification as defined by the employer's
personnel policies or practices or pursuant to the provisions of a collective bargaining
agreement, during deleted text beginthose 12 monthsdeleted text endnew text begin the 12-month period immediately preceding the leavenew text end.

Employee includes all individuals employed at any site owned or operated by the
employer but does not include an independent contractor.

Sec. 2.

Minnesota Statutes 2012, section 181.941, is amended to read:


181.941 new text beginPREGNANCY AND new text endPARENTING LEAVE.

Subdivision 1.

deleted text beginSixdeleted text endnew text begin Twelvenew text end-week leave; new text beginpregnancy, new text endbirthnew text begin,new text end or adoption.

new text begin(a) new text endAn
employer must grant an unpaid leave of absence to an employee who is deleted text begina natural or
adoptive parent in conjunction with the birth or adoption of a child. The length of the
leave shall be determined by the employee, but may not exceed six weeks, unless agreed
to by the employer.
deleted text endnew text begin:
new text end

new text begin (1) a natural or adoptive parent in conjunction with the birth or adoption of a child; or
new text end

new text begin (2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth,
or related health conditions.
new text end

new text begin (b) The length of the leave shall be determined by the employee, but must not exceed
12 weeks, unless agreed to by the employer.
new text end

Subd. 2.

Start of leave.

The leave shall begin at a time requested by the employee.
The employer may adopt reasonable policies governing the timing of requests for unpaid
leavedeleted text begin.deleted text end new text begin and may require an employee who plans to take a leave under this section to give
the employer reasonable notice of the date the leave shall commence and the estimated
duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1),
new text endthe
leave deleted text beginmaydeleted text endnew text begin mustnew text end begin deleted text beginnot more than six weeks afterdeleted text endnew text begin within 12 months ofnew text end the birth or
adoption; except that, in the case where the child must remain in the hospital longer than
the mother, the leave deleted text beginmay notdeleted text endnew text begin mustnew text end begin deleted text beginmore than six weeksdeleted text endnew text begin within 12 monthsnew text end after the
child leaves the hospital.

Subd. 3.

No employer retribution.

An employer shall not retaliate against an
employee for requesting or obtaining a leave of absence as provided by this section.

Subd. 4.

Continued insurance.

The employer must continue to make coverage
available to the employee while on leave of absence under any group insurance policy,
group subscriber contract, or health care plan for the employee and any dependents.
Nothing in this section requires the employer to pay the costs of the insurance or health
care while the employee is on leave of absence.

Sec. 3.

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

new text begin Subdivision 1. 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
health conditions, if she so requests. The employer may provide the accommodation
requested by the employee or an equally effective alternative. "Reasonable
accommodation" includes, but is not limited to: seating, frequent restroom breaks, and
limits to heavy lifting.
new text end

new text begin Subd. 2. 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 where that transfer can be reasonably accommodated. An employee requesting
a temporary transfer shall be required to provide to the employer a certification of medical
necessity from her doctor. 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. 3. 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 health conditions related to
pregnancy or childbirth under any other provisions of any other law.
new text end

new text begin Subd. 4. new text end

new text begin No employer retribution. new text end

new text begin An employer shall not retaliate against an
employee for requesting or obtaining accommodation under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2012, section 181.943, is amended to read:


181.943 RELATIONSHIP TO OTHER LEAVE.

(a) The length of deleted text beginparentaldeleted text end leave provided under section 181.941 may be reduced
by any period of deleted text beginpaid parental or disability leave, but not accrued sick leave, provided
by the employer, so that the total leave does not exceed six weeks, unless agreed to by
the employer.
deleted text endnew text begin:
new text end

new text begin (1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
to by the employer; or
new text end

new text begin (2) leave taken for the same purpose by the employee under United States Code,
title 29, chapter 28.
new text end

(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing
leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise
affects an employee's rights with respect to any other employment benefit.

ARTICLE 4

EMPLOYMENT PROTECTIONS

Section 1.

Minnesota Statutes 2012, section 181.939, is amended to read:


181.939 NURSING MOTHERS.

new text begin (a) new text endAn employer must provide reasonable unpaid break time each day to an
employee who needs to express breast milk for her infant child. The break time must,
if possible, run concurrently with any break time already provided to the employee. An
employer is not required to provide break time under this section if to do so would unduly
disrupt the operations of the employer.

new text begin (b) new text endThe employer must make reasonable efforts to provide a room or other location,
in close proximity to the work area, other than a toilet stall, new text beginthat is shielded from view and
free from intrusion and that includes access to an electrical outlet,
new text endwhere the employee
can express her milk in privacy. The employer would be held harmless if reasonable
effort has been made.

new text begin (c) new text endFor the purposes of this section, "employer" means a person or entity that
employs one or more employees and includes the state and its political subdivisions.

new text begin (d) A violation of this section is an unfair employment practice as provided for under
section 363A.08, subdivision 8.
new text end

Sec. 2.

Minnesota Statutes 2012, section 363A.03, is amended by adding a subdivision
to read:


new text begin Subd. 18a. new text end

new text begin Family caregiver. new text end

new text begin "Family caregiver" means a person who cares for
another person:
new text end

new text begin (1) who is related by blood, marriage, or legal custody; or
new text end

new text begin (2) with whom the person lives in a familial relationship.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:


Subdivision 1.

Labor organization.

Except when based on a bona fide occupational
qualification, it is an unfair employment practice for a labor organization, because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance,new text begin familial status, status as a family caregiver,new text end disability, sexual orientation, or age:

(1) to deny full and equal membership rights to a person seeking membership or
to a member;

(2) to expel a member from membership;

(3) to discriminate against a person seeking membership or a member with respect
to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
or privileges of employment; or

(4) to fail to classify properly, or refer for employment or otherwise to discriminate
against a person or member.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:


Subd. 2.

Employer.

Except when based on a bona fide occupational qualification, it
is an unfair employment practice for an employer, because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance,new text begin familial status,
status as a family caregiver,
new text end membership or activity in a local commission, disability,
sexual orientation, or age to:

(1) refuse to hire or to maintain a system of employment which unreasonably
excludes a person seeking employment; or

(2) discharge an employee; or

(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
upgrading, conditions, facilities, or privileges of employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:


Subd. 3.

Employment agency.

Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employment agency, because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance,new text begin familial status, status as a family caregiver,new text end disability, sexual orientation, or
age to:

(1) refuse or fail to accept, register, classify properly, or refer for employment or
otherwise to discriminate against a person; or

(2) comply with a request from an employer for referral of applicants for
employment if the request indicates directly or indirectly that the employer fails to comply
with the provisions of this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:


Subd. 4.

Employer, employment agency, or labor organization.

(a) Except when
based on a bona fide occupational qualification, it is an unfair employment practice for an
employer, employment agency, or labor organization, before a person is employed by an
employer or admitted to membership in a labor organization, to:

(1) require or request the person to furnish information that pertains to race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
new text begin familial status,new text endnew text begin status as a family caregiver,new text end disability, sexual orientation, or age; or, subject
to section 363A.20, to require or request a person to undergo physical examination; unless
for the sole and exclusive purpose of national security, information pertaining to national
origin is required by the United States, this state or a political subdivision or agency of
the United States or this state, or for the sole and exclusive purpose of compliance with
the Public Contracts Act or any rule, regulation, or laws of the United States or of this
state requiring the information or examination. A law enforcement agency may, after
notifying an applicant for a peace officer or part-time peace officer position that the law
enforcement agency is commencing the background investigation on the applicant, request
the applicant's date of birth, gender, and race on a separate form for the sole and exclusive
purpose of conducting a criminal history check, a driver's license check, and fingerprint
criminal history inquiry. The form shall include a statement indicating why the data is
being collected and what its limited use will be. No document which has date of birth,
gender, or race information will be included in the information given to or available to
any person who is involved in selecting the person or persons employed other than the
background investigator. No person may act both as background investigator and be
involved in the selection of an employee except that the background investigator's report
about background may be used in that selection as long as no direct or indirect references
are made to the applicant's race, age, or gender; or

(2) seek and obtain for purposes of making a job decision, information from any
source that pertains to the person's race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance,new text begin familial status, status as a family
caregiver,
new text end disability, sexual orientation, or age, unless for the sole and exclusive purpose
of compliance with the Public Contracts Act or any rule, regulation, or laws of the United
States or of this state requiring the information; or

(3) cause to be printed or published a notice or advertisement that relates to
employment or membership and discloses a preference, limitation, specification, or
discrimination based on race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance,new text begin familial status,new text endnew text begin status as a family caregiver,
new text end disability, sexual orientation, or age.

(b) Any individual who is required to provide information that is prohibited by this
subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
subdivisions 1 to 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Nursing mothers. new text end

new text begin Except when based on a bona fide occupational
qualification, any violation of section 181.939 by an employer is an unfair employment
practice.
new text end

Sec. 8.

Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Wage disclosure protection. new text end

new text begin (a) An employer shall not:
new text end

new text begin (1) require nondisclosure by an employee of the employee's wages as a condition of
employment;
new text end

new text begin (2) require an employee to sign a waiver or other document which purports to deny
an employee the right to disclose the employee's wages; or
new text end

new text begin (3) take any adverse employment action against an employee for disclosing the
employee's own wages or discussing another employee's wages which have been disclosed
voluntarily.
new text end

new text begin (b) Nothing in this section shall be construed to:
new text end

new text begin (1) create an obligation on any employer or employee to disclose wages;
new text end

new text begin (2) permit an employee, without the written consent of the employer, to disclose
proprietary information, trade secret information, or information that is otherwise subject
to a legal privilege or protected by law;
new text end

new text begin (3) diminish any existing rights under the National Labor Relations Act under
United States Code, title 29; or
new text end

new text begin (4) permit the employee to disclose wage information to a competitor of their
employer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end