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 the immediate family
members of a seriously injured or killed member of the armed forces; 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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In recognition of the commitment and sacrifices that
Minnesotans have made to serve as members of the United States armed forces and the
commitment and sacrifices of the families of those in service, the legislature recognizes
the importance of Minnesota employers accommodating the needs of employees whose
immediate family members are injured or killed while engaged in active service.
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(a) The definitions in this subdivision apply to this section.
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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, independent contractor, or person working for an
independent contractor who performs services for compensation, in whatever form, for
an employer.
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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 parent, child, or spouse.
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An employer must 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 injured or killed while engaged in active service. Leave
must be granted for all time necessary to attend to an immediate family member who has
been injured and for all time necessary to attend services for and attend to the affairs of an
immediate family member who has been killed.
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An employee must give as much notice to the employee's employer
as practicable of the employee's intent to exercise the leave guaranteed by this section.
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The length of leave provided under this
section may be reduced by any period of paid leave provided by the employer. Nothing
in this section prevents an employer from providing leave benefits in addition to those
provided in this section or otherwise affects an employee's rights with respect to any
other employment benefits.
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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 181.947, when an
immediate family member, as a member of the United States armed forces, has been
injured or killed while engaged in active service.
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Sections 1 and 2 are effective July 1, 2006, and apply to the immediate family
members of military personnel injured or killed on or after that date, as well as to the
immediate family members of military personnel who, on July 1, 2006, are recovering
from injuries that occurred prior to that date.
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