HF 2959

as introduced - 86th Legislature (2009 - 2010) Posted on 02/15/2010 09:46am

A bill for an act
relating to public health; establishing minimum standards of sick leave for certain
workers; providing civil penalties; requiring rulemaking; 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 PURPOSE.
new text end

new text begin The purpose of the Emergency Public Health Protection Act is: (1) to minimize the
spread of contagious illnesses in the workplace and prevent disruptions to commerce;
(2) to ensure that all working Minnesotans can address their own health needs and the
health needs of their families, related to a contagious illness; (3) to diminish public and
private health care costs by enabling employees to seek early and routine medical care for
themselves and their families, related to a contagious illness; and (4) to provide paid sick
time to employees due to closure of a place of business due to a contagious illness or a
need to care for a child whose school, child care, or early childhood program has been
closed due to contagious illness.
new text end

Sec. 2.

new text begin [181.9395] SICK LEAVE.
new text end

new text begin Subdivision 1. new text end

new text begin Citation; Emergency Public Health Protection Act. new text end

new text begin This section
may be cited as the "Emergency Public Health Protection Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Child" means biological child, adopted or foster child, stepchild or legal ward,
or a child to whom the employee stands in loco parentis who is under the age of 18 years
or who is 18 years of age or older but incapable of self care or earning a living due to a
physical or mental disability or incapacity.
new text end

new text begin (c) "Commissioner" means the commissioner of labor and industry or an authorized
designee or representative.
new text end

new text begin (d) "Contagious illness" includes influenza-like illnesses such as an illness from the
2009 H1N1 virus and any other illness as determined by the commissioner in consultation
with the commissioner of health.
new text end

new text begin (e) "Covered employee" means an employee who has been employed for not less
than 30 days by the employer from whom paid sick time is requested.
new text end

new text begin (f) "Department" means the Department of Labor and Industry.
new text end

new text begin (g) "Employ" is as defined in the Minnesota Fair Labor Standards Act, section
177.23, subdivision 5.
new text end

new text begin (h) "Employee" is as defined in the Minnesota Fair Labor Standards Act, section
177.23, subdivision 7, and includes recipients of public benefits who are engaged in work
activity as a condition of receiving public assistance.
new text end

new text begin (i) "Employer" is as defined in the Minnesota Fair Labor Standards Act, section
177.23, subdivision 6.
new text end

new text begin (j) "Extended family member" means any other individual related by blood or
affinity whose close association with the covered employee is the equivalent of a family
relationship.
new text end

new text begin (k) "Grandparent" means a parent of a parent.
new text end

new text begin (l) "Paid sick leave" means leave that is compensated at the same hourly rate as the
employee earns from employment and is provided by an employer to a covered employee
for the purposes described in subdivision 4.
new text end

new text begin (m) "Parent" means a biological parent, foster parent, stepparent or adoptive parent,
or legal guardian of a covered employee or an employee's spouse, or a person who stood
in loco parentis when the employee was a minor child.
new text end

new text begin (n) "Retaliatory personnel action" means the discharge, suspension, or demotion by
an employer of a covered employee or any other adverse employment action taken by an
employer against a covered employee in the terms and conditions of employment.
new text end

new text begin (o) "Spouse" means a person to whom the covered employee is legally married
under the laws of Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Provision of paid sick leave. new text end

new text begin (a) A covered employee who works at least
56 hours in the state has the right to paid sick leave as provided in this section.
new text end

new text begin (b) An employer that employs fewer than ten employees must provide a covered
employee who works 30 or more hours a week 40 hours of paid sick leave in a calendar
year.
new text end

new text begin (c) An employer that employs ten or more employees must provide a covered
employee who works 30 or more hours a week 72 hours of paid sick leave in a calendar
year.
new text end

new text begin (d) An employer shall annually provide, to each covered employee employed by
the employer for less than 30 hours a week, a number of days or hours of paid sick
leave. The number of days or hours shall be determined under a formula specified by the
commissioner that is designed to provide an approximate pro rata share of the hours of
paid sick leave described in paragraphs (b) and (c), based on the hours worked by the
covered employee.
new text end

new text begin (e) An employer complies with this section if the employer has a paid leave policy
that makes available an amount of paid leave that may be used for the same purposes and
under the same conditions as paid sick leave under this section.
new text end

new text begin (f) An employer may adopt or retain leave policies that are more generous to a
covered employee than the policies required under this section.
new text end

new text begin (g) Nothing in this section shall be construed as requiring financial or other
reimbursement to a covered employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment for paid sick leave that
has not been used.
new text end

new text begin Subd. 4. new text end

new text begin Use of paid sick leave. new text end

new text begin (a) Subject to subdivision 3, an employer must
allow a covered employee to use accrued paid sick leave for:
new text end

new text begin (1) an absence resulting from the medical condition of a covered employee
experiencing the symptoms of a contagious illness, including the need to obtain medical
diagnosis or care, or an absence to obtain preventive care for the employee for a
contagious illness;
new text end

new text begin (2) an absence due to a determination by a health authority having jurisdiction or by
a health care provider that the covered employee's presence on the job would jeopardize
the health of others because of the employee's exposure to a contagious illness;
new text end

new text begin (3) an absence for the purpose of caring for a spouse, child, parent, grandparent,
or extended family member of the covered employee who is experiencing symptoms
of a contagious illness, including the need to obtain medical diagnosis or care, or an
absence to obtain preventive care for a spouse, child, parent, grandparent, or extended
family member for a contagious illness;
new text end

new text begin (4) an absence for the purpose of caring for a spouse, child, parent, grandparent,
or extended family member of the covered employee due to a determination by a health
authority having jurisdiction or by a health care provider that presence of the spouse,
child, parent, grandparent, or extended family member in the community would jeopardize
the health of others because of the exposure to a contagious illness of the spouse, child,
parent, grandparent, or extended family member; or
new text end

new text begin (5) closure of the covered employee's place of business due to a contagious illness or
a covered employee's need to care for a child whose school, child care, or early childhood
program has been closed due to a contagious illness.
new text end

new text begin (b) Paid sick leave shall be provided upon the oral or written request of the covered
employee.
new text end

new text begin (c) The commissioner in consultation with the commissioner of health shall
determine and issue medical certification requirements for periods of paid sick leave under
this section. Rulemaking is waived for the requirement in this paragraph. An employer
may not require a covered employee to provide medical certification inconsistent with the
requirements developed to receive paid sick leave under this section.
new text end

new text begin (d) An employer may not require as a condition of providing paid sick leave under
this section that a covered employee search for or find a replacement worker to cover the
hours during which the employee is on paid sick leave.
new text end

new text begin Subd. 5. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer shall not take retaliatory personnel
action or discriminate against a covered employee because the employee has requested
paid sick leave under this section, taken paid sick leave guaranteed by this section, or
made a complaint or filed an action to enforce a right to paid sick leave under this section.
new text end

new text begin Subd. 6. new text end

new text begin Notice and posting. new text end

new text begin (a) An employer must provide to each employee
notice of the following:
new text end

new text begin (1) a covered employee's entitlement to and amount of paid sick leave and the terms
of its use guaranteed under this section;
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new text begin (2) that retaliation against a covered employee who requests or uses paid sick
leave is prohibited; and
new text end

new text begin (3) that each covered employee has the right to file a complaint or bring a civil
action if an employer denies sick leave as required by this section or retaliates against the
employee for requesting or taking paid sick leave.
new text end

new text begin (b) An employer may comply with this section by supplying each employee with a
notice in English and Spanish that contains the information required in paragraph (a).
new text end

new text begin (c) An employer may comply with this section by displaying a poster in a
conspicuous and accessible place in each establishment where an employee is employed
that contains in English and Spanish the information required under paragraph (a).
new text end

new text begin (d) The commissioner shall create and make available to employers for their use
in complying with this subdivision posters that contain the information required under
paragraph (a).
new text end

new text begin Subd. 7. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin If an employer possesses health
information about a covered employee or employee's child, parent, spouse, extended
family member, or other individual described in subdivision 4, paragraph (a), clause
(3) or (4), the information shall be treated as confidential and not disclosed except to
the affected employee, with the permission of the affected employee, or as required by
state or federal law.
new text end

new text begin Subd. 8. new text end

new text begin Encouragement of more generous leave policies. new text end

new text begin (a) Nothing in this
section shall be construed to discourage or prohibit an employer from the adoption or
retention of a paid leave policy more generous than the one required by this section.
new text end

new text begin (b) Nothing in this section shall be construed as diminishing the obligation of an
employer to comply with any contract, collective bargaining agreement, employment
benefit plan, or other agreement providing more generous leave to an employee than
required by this section.
new text end

new text begin (c) Nothing in this section shall be construed as diminishing the rights of public
employees regarding paid sick leave or use of sick leave as provided in section 43A.1815.
new text end

new text begin Subd. 9. new text end

new text begin Rulemaking; investigations. new text end

new text begin (a) The commissioner may adopt rules to
implement this section.
new text end

new text begin (b) The department's Division of Labor Standards and Apprenticeship shall receive
complaints of employees against employers relating to this section and investigate
informally to determine whether an employer may be in violation. The division shall
attempt to resolve employee complaints by informing employees and employers of the
provisions of the law and directing employers to comply with the law.
new text end

new text begin Subd. 10. new text end

new text begin Individual remedies; penalty. new text end

new text begin (a) In addition to any remedies otherwise
provided by law, an employee injured by a violation of this section may bring a civil action
to recover any and all damages recoverable at law, together with costs and disbursements,
including reasonable attorney fees, and may receive such injunctive and other equitable
relief as determined by the court.
new text end

new text begin (b) An employer who failed to notify, as required under subdivision 6, an employee
injured by a violation of this section is subject to a civil penalty of $25 per day per injured
employee not to exceed $750 per injured employee.
new text end

new text begin (c) If the district court determines that a violation of this section occurred, the
court may order any appropriate relief, including but not limited to reinstatement, back
pay, restoration of lost service credit, if appropriate, compensatory damages, and the
expungement of any adverse records of an employee who was the subject of the alleged
acts of misconduct.
new text end

Sec. 3. new text begin SEVERABILITY.
new text end

new text begin If any provision of section 2 or application thereof to any person or circumstance is
judged invalid, the invalidity shall not affect other provisions or applications of section 2
which can be given effect without the invalid provision or application, and to this end the
provisions of section 2 are declared severable.
new text end

Sec. 4. new text begin EFFECTIVE DATE; EXPIRATION.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment and expire two years
from its effective date.
new text end