HF 2566

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; requiring leaves of absence for employees to spend
time with an immediate family member who, as a military member, has been
mobilized for active military service in support of a war or other national
emergency; amending Minnesota Statutes 2005 Supplement, section 192.502,
by adding a subdivision; 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 [181.949] LEAVE TO SPEND TIME WITH FAMILY MEMBERS
MOBILIZED FOR ACTIVE MILITARY SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meaning given to them in this subdivision.
new text end

new text begin (b) "Employee" means a person, independent contractor, or person working for an
independent contractor who performs services for compensation, in whatever form, for
an employer.
new text end

new text begin (c) "Employer" means a person or entity located or doing business in this state
and having one or more employees, and includes the state and all political or other
governmental subdivisions of the state.
new text end

new text begin (d) "Immediate family member" means a person's grandparent, parent, legal
guardian, sibling, child, grandchild, spouse, fiance, or fiancee.
new text end

new text begin Subd. 2. new text end

new text begin Unpaid leave required. new text end

new text begin Unless the leave would unduly disrupt the
operations of the employer, an employer shall grant a leave of absence without pay to an
employee to spend time with an immediate family member who, as a member of the
United States armed forces, has been mobilized for active military service in support of a
war or other national emergency. Leave under this section may not exceed two work days
per year, unless agreed to by the employer.
new text end

new text begin Subd. 3. new text end

new text begin Relationship to other leave. new text end

new text begin The length of leave provided under this
section may not be reduced by any period of paid leave provided by the employer, unless
the employee agrees to substitute any accrued paid leave for any part of the leave provided
under this section.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 192.502, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Unpaid leave for families of mobilized military members. new text end

new text begin Employees
are entitled to unpaid leave, as required by section 181.949, to spend time with an
immediate family member who, as a member of the United States armed forces, has been
mobilized for active military service in support of a war or other national emergency.
new text end

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall insert a first grade headnote after Minnesota Statutes,
section 181.946, that reads "LEAVE FOR FAMILIES OF MOBILIZED MILITARY
MEMBERS."
new text end