HF 2567

1st Engrossment - 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 attend a
send-off or homecoming ceremony for 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 [181.948] LEAVE TO ATTEND MILITARY CEREMONIES.
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) "Active service" has the meaning given in section 190.05, subdivision 5.
new text end

new text begin (c) "Employee" means a person who performs services for compensation, in
whatever form, for an employer. Employee does not include an independent contractor.
new text end

new text begin (d) "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 (e) "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 (a) Unless the leave would unduly disrupt the
operations of the employer, an employer shall grant a leave of absence without pay
to an employee whose immediate family member, as a member of the United States
armed forces, has been mobilized for active service in support of a war or other national
emergency. The employer may limit the amount of leave provided under this subdivision
to:
new text end

new text begin (i) one-day's duration in any calendar year, or the actual time necessary, for the
employee to attend a send-off or homecoming ceremony for the mobilized service
member; or
new text end

new text begin (ii) two-day's duration in any calendar year, for the employee to spend with the
mobilized service member prior to or during the service member's military mobilization.
new text end

new text begin (b) Leave granted under this subdivision shall not exceed two days per calendar year.
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 to attend military ceremonies. new text end

new text begin Employees are entitled
to unpaid leave, as required by section 181.948, to attend the send-off or homecoming
ceremony of 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