HF 3839

as introduced - 86th Legislature (2009 - 2010) Posted on 05/12/2010 08:38am

A bill for an act
relating to state employment; creating an unpaid leave job retention program;
requiring reports.

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

Section 1. new text begin VOLUNTARY UNPAID JOB RETENTION LEAVE; STATE
EMPLOYEES.
new text end

new text begin Subdivision 1. new text end

new text begin Unpaid job retention leave program created. new text end

new text begin The commissioner of
management and budget, in consultation with the commissioner of administration, shall
develop and implement a program, consistent with the requirements and limitations under
this section, that will allow an employee of the state to take an unpaid leave of absence for
up to 120 hours in a calendar year for the purposes of this section. The program shall be
known as the unpaid job retention leave program.
new text end

new text begin Subd. 2. new text end

new text begin Requirements; administration. new text end

new text begin The program required by subdivision 1
must:
new text end

new text begin (1) be open to all state employees, subject to the provisions of any collective
bargaining agreement that covers the employee;
new text end

new text begin (2) provide that leave under the program require the same supervisory or agency
approval as, and be granted or denied consistent with requests for, ordinary vacation time;
new text end

new text begin (3) include requirements that leave under the program may not be approved if it will
cause overtime payments to other employees, unless such overtime is unforeseeable;
new text end

new text begin (4) include provisions to allow the employee to continue accruing vacation and sick
leave, be eligible for paid holidays and insurance benefits, and accrue seniority;
new text end

new text begin (5) allow the employee to accrue service credit and credited salary, as applicable,
in state retirement plans;
new text end

new text begin (6) include other provisions necessary to execute and achieve the requirements
and purposes of this section and to comply with any other law, as determined by the
commissioners of administration and management and budget; and
new text end

new text begin (7) develop criteria, guidelines, and procedures for transferring the money from the
state employee job retention fund created under subdivision 4 to state agencies to retain
positions that would otherwise be reduced due to budget reductions. The commissioner of
management and budget must consult with joint management and employee committees
representing state agencies to prioritize and select positions to be retained by the funds.
new text end

new text begin Subd. 3. new text end

new text begin Transfer of salary savings. new text end

new text begin As part of the program required by subdivision
1, the commissioner of management and budget shall, in a manner and frequency
determined by the commissioner, account for and transfer from each agency the amounts
that would have been paid in salary to employees of the state who take unpaid leaves of
absence under this section in the following manner:
new text end

new text begin (1) 50 percent must be transferred to the state employee job retention fund created
under subdivision 4;
new text end

new text begin (2) 25 percent must be transferred to the applicable group retirement fund of the
employee taking the unpaid leave, if any. If the employee is not a member of a group
retirement fund, the money shall be transferred pursuant to clause (1); and
new text end

new text begin (3) 25 percent must be transferred to the general fund.
new text end

new text begin Subd. 4. new text end

new text begin State employee job retention fund account created. new text end

new text begin A state employee
job retention fund account is created in the general fund. The money in the account is
appropriated to the commissioner of management and budget and may only be used for
the payment of salaries of classified employees who would otherwise face layoff due to
budget reductions according to the requirements of subdivision 2. No more than ten
percent of the money in the account may be used for administrative purposes.
new text end

new text begin Subd. 5. new text end

new text begin Report required. new text end

new text begin The commissioner of management and budget must
submit a report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over state government finance and labor
and industry by September 1 of each year, starting in 2011, that includes, at minimum:
new text end

new text begin (1) the number of jobs saved by use of the state employee job retention fund;
new text end

new text begin (2) the number of employees, by agency, who have taken unpaid leave under the
unpaid job retention leave program, and the average number of hours of leave taken
per employee;
new text end

new text begin (3) an analysis of the costs required to administer the program in the previous fiscal
year; and
new text end

new text begin (4) accounting of the state employee job retention fund account from the previous
fiscal year and projected expenditures and transfers for the current fiscal year.
new text end

new text begin Subd. 6. new text end

new text begin Sunset. new text end

new text begin This section expires on July 1, 2015. Upon expiration of this
section, the commissioner of management and budget shall close the state employee job
retention fund account and transfer all remaining funds in the account to the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end