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:
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(a) For the purposes of this section, the following terms
have the meaning given to them in this subdivision.
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(b) "Active service" has the meaning given in section 190.05, subdivision 5.
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(c) "Employee" means a person who performs services for compensation, in
whatever form, for an employer. Employee does not include an independent contractor.
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(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.
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(e) "Immediate family member" means a person's grandparent, parent, legal
guardian, sibling, child, grandchild, spouse, fiance, or fiancee.
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(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:
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(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
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(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.
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(b) Leave granted under this subdivision shall not exceed two days per calendar year.
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Minnesota Statutes 2005 Supplement, section 192.502, is amended by adding a
subdivision to read:
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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.
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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."
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