HF 3532

as introduced - 91st Legislature (2019 - 2020) Posted on 02/19/2020 12:55pm

A bill for an act
relating to health; modifying isolation and quarantine provisions; amending
Minnesota Statutes 2018, section 144.4196.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 144.4196, is amended to read:

144.4196 EMPLOYEE PROTECTION.

Subdivision 1.

Definitions.

For purposes of this section:

(1) "qualifying employee" means a person who performs services for hire in Minnesota
and who has been subject to isolation or quarantine, or has responsibility for the care of a
person under subdivision 2 who is subject to isolation or quarantine, for a communicable
disease as defined in section 144.419, subdivision 1, clause (2) deleted text begin . The term applies to persons
who comply with isolation or quarantine restrictions because of: deleted text end new text begin ;
new text end

new text begin (2) "person isolated or quarantined" means a person who has been subject to isolation
or quarantine for a communicable disease pursuant to section 144.419 or 144.4195, and
whose conditions of isolation or quarantine prohibit or prevent their employment or other
sources of income, or prevent their appearance at public gatherings; and
new text end

new text begin (3) the terms in clauses (1) and (2) apply to persons who comply with isolation or
quarantine restrictions because of:
new text end

(i) a commissioner's directive;

(ii) an order of a federal quarantine officer;

(iii) a state or federal court order; or

(iv) a written recommendation of the commissioner or designee that the person enter
isolation or quarantine; and

deleted text begin (2) deleted text end new text begin (4) new text end "employer" means any person having one or more employees in Minnesota and
includes the state and any political subdivision of the state.

Subd. 2.

Protections.

(a) deleted text begin An employer shall not discharge, discipline, threaten, or penalize
a qualifying employee, or otherwise discriminate in the work terms, conditions, location,
or privileges of the employee, because the employee deleted text end new text begin In order to mitigate the impacts and
hardships encountered by a person quarantined or isolated in this state, any person isolated
or quarantined under subdivision 1, clause (3), shall have the following protections new text end :

deleted text begin (1) has been in isolation or quarantine; or
deleted text end

deleted text begin (2)(i) is not in isolation or quarantine, but has responsibility for the care of a person in
isolation or quarantine who is a minor or an adult family member who is a disabled or
vulnerable adult; and
deleted text end

deleted text begin (ii) has assumed responsibility for all or a portion of the care voluntarily, by contract,
or by agreement.
deleted text end

new text begin (1) a qualified employee shall be allowed to work at home during the period of isolation
or quarantine if, following an interactive process between the employer and qualified
employee, such arrangements are reasonable for the employer, in light of the employee's
essential job duties, and do not impose an undue hardship on the employer;
new text end

new text begin (2) all civil court actions shall be stayed during the person's isolation or quarantine, but
only if the isolation or quarantine materially affects the person's ability to appear;
new text end

new text begin (3) the commissioner of commerce shall negotiate with credit reporting bureaus to waive
any negative reports to the person's credit rating during a person's period of isolation or
quarantine; and
new text end

new text begin (4) the commissioner of commerce shall negotiate a federal waiver for federally
guaranteed student loan obligations for persons under isolation or quarantine.
new text end

(b) A qualifying employee claiming a violation of paragraph (a) may bring a civil action
for recovery of lost wages or benefits, for reinstatement, or for other relief within 180 days
of the claimed violation or 180 days of the end of the isolation or quarantine, whichever is
later. A qualifying employee who prevails shall be allowed reasonable attorney fees fixed
by the court.

(c) Nothing in this subdivision is intended to alter sick leave or sick pay terms of the
employment relationship. new text begin The period of any isolation or quarantine, as defined in section
144.419, shall run concurrently with any period of protected leave under federal, state, and
local law. Either the qualified employee or the employer may elect to have the employee
use paid leave benefits for which the employee is eligible under any paid time off, vacation,
paid sick leave, or other paid leave benefit made available by the employer during the period
of isolation or quarantine as defined in section 144.419.
new text end

Subd. 3.

Limitations.

The protections of subdivision 2 do not apply to work absences
due to isolation or quarantine for periods longer than 21 consecutive workdays. However,
absences due to isolation or quarantine for periods longer than 21 consecutive workdays
resulting in loss of employment shall be treated for purposes of unemployment compensation
in the same manner as loss of employment due to a serious illness.

new text begin Subd. 4. new text end

new text begin Implementation of protections. new text end

new text begin A person quarantined under subdivision 1,
clause (3), may ask the commissioners of health and commerce for documentation setting
forth the person's conditions of isolation or quarantine to assist the person in their efforts
to obtain the protections specified in subdivision 2. The request may be made by telephone,
in writing, or through a third party.
new text end