HF 41

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/15/2021 04:19pm

A bill for an act
relating to employment; providing emergency paid sick leave to certain employees
excluded from the federal Families First Coronavirus Response Act.

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

Section 1. new text begin ESSENTIAL WORKERS EMERGENCY LEAVE ACT.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Airport service provider" means a business other than an air carrier certificated by
the Federal Aviation Administration, that performs, under contract with a passenger air
carrier, airport facility management, or airport authority, functions on the property of the
airport that are directly related to the air transportation of persons, property, or mail, including
but not limited to:
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new text begin (1) the loading and unloading of property on aircraft;
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new text begin (2) assistance to passengers under Code of Federal Regulations, title 14, part 382;
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new text begin (3) security;
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new text begin (4) airport ticketing and check-in functions;
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new text begin (5) ground-handling of aircraft;
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new text begin (6) aircraft cleaning and sanitization functions; or
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new text begin (7) airport authority.
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new text begin (c) "Child" means a biological, adopted, or foster child, stepchild, legal ward, or child
for whom the essential worker is a legal guardian.
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new text begin (d) "Emergency paid sick leave" means paid leave time provided under this section for
a reason provided in subdivision 2 that is not fully compensated through workers'
compensation benefits, unemployment insurance benefits, or other benefits under state law
or federal law or an executive order related to COVID-19.
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new text begin (e) "Essential worker" means a person who performs services for hire for an employer
for one day or more, and who:
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new text begin (1) is an emergency responder or health care provider as defined in Code of Federal
Regulations, title 29, section 826.30(c), including but not limited to nurses, peace officers,
firefighters, correctional institution personnel, emergency medical services personnel, and
social workers;
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new text begin (2) is a licensed or unlicensed personnel employed by or under contract with:
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new text begin (i) a hospital, boarding care home, or outpatient surgical center licensed under Minnesota
Statutes, sections 144.50 to 144.56;
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new text begin (ii) a nursing home licensed under Minnesota Statutes, sections 144A.01 to 144A.162;
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new text begin (iii) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and operating under Minnesota Statutes, sections 144G.01 to 144G.07;
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new text begin (iv) the arranged home care provider of an establishment specified in item (iii);
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new text begin (v) an unlicensed health care clinic; or
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new text begin (vi) an unlicensed office of a physician or advanced practice registered nurse;
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new text begin (3) is a public school employee;
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new text begin (4) works for an airport service provider; or
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new text begin (5) works for a private employer performing work in the following sectors:
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new text begin (i) building service, including janitorial, building maintenance, and security services;
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new text begin (ii) child care;
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new text begin (iii) food service, including food manufacture, production, processing, preparation, sale,
and delivery;
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new text begin (iv) hotel accommodations;
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new text begin (v) manufacturing; or
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new text begin (vi) retail, including but not limited to sales, fulfillment, distribution, and delivery.
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new text begin (f) "Employer" means a person who employs one or more essential workers, including
but not limited to a corporation, partnership, limited liability company, association, group
of persons, hospital, state, county, town, city, school district, or governmental subdivision,
excluding the federal government.
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new text begin (g) "Retaliatory personnel action" means any form of intimidation, threat, reprisal,
harassment, discrimination, or adverse employment action, including discipline, discharge,
suspension, transfer, or reassignment to a lesser position in terms of job classification, job
security, or other condition of employment; reduction in pay or hours or denial of additional
hours; the accumulation of points under an attendance point system; informing another
employer that the person has engaged in activities protected by this section; or reporting or
threatening to report the actual or suspected citizenship or immigration status of an employee,
former employee, or family member of an employee to a federal, state, or local agency.
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new text begin Subd. 2. new text end

new text begin Emergency paid sick leave. new text end

new text begin An employer shall provide emergency paid sick
leave to an essential worker who is unable to work or telework due to any of the following
reasons:
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new text begin (1) the essential worker is subject to a federal, state, or local quarantine or isolation order
related to COVID-19;
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new text begin (2) the essential worker has been advised by a health care provider to self-quarantine
due to concerns related to COVID-19;
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new text begin (3) the essential worker is experiencing symptoms of COVID-19 and seeking a medical
diagnosis;
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new text begin (4) the essential worker is caring for an individual who is subject to an order as described
in clause (1) or has been advised as described in clause (2); or
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new text begin (5) the essential worker is caring for a child of the essential worker if the school or place
of care of the child has been closed, or the child care provider of the child is unavailable
due to COVID-19 precautions.
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new text begin Subd. 3. new text end

new text begin Duration and use of leave. new text end

new text begin (a) An essential worker shall be entitled to
emergency paid sick leave as provided under this section for the following number of hours:
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new text begin (1) up to 80 hours for an essential worker who:
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new text begin (i) the employer considers to work full time;
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new text begin (ii) works or was scheduled to work on average what are considered full-time hours by
the employer, including pursuant to any applicable collective bargaining agreement; or
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new text begin (iii) works or was scheduled to work at least 40 hours per week for the employer on
average over a two-week period;
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new text begin (2) a number of hours equal to the number of hours that an essential worker works for
the employer on average over a two-week period for any essential worker who:
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new text begin (i) the employer considers to work part time;
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new text begin (ii) works or was scheduled to work on average what are considered part-time hours by
the employer, including pursuant to any applicable collective bargaining agreement; or
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new text begin (iii) works or was scheduled to work fewer than 40 hours per week for the employer on
average over a two-week period; or
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new text begin (3) 14 times the average number of hours an essential worker worked per day for the
employer for the previous six months, or for the entire period the essential worker has
worked for the employer, whichever is shorter, for an essential worker who works variable
hours and who is not covered by clause (1) or (2).
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new text begin (b) Leave under this section shall be available for use by an essential worker for a reason
listed in subdivision 2 beginning the day following final enactment and may be used
intermittently, provided that any amount of leave taken under this section shall end with
the essential worker's next scheduled work shift immediately following the termination of
the essential worker's need for leave under a reason provided in subdivision 2.
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new text begin (c) After the first workday or portion thereof that an essential worker receives leave
under this section, an employer may require the essential worker to follow reasonable notice
procedures to continue receiving leave.
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new text begin (d) Leave under this section expires 30 days after a peacetime emergency declared by
the governor in an executive order that relates to the infectious disease known as COVID-19
is terminated or rescinded.
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new text begin Subd. 4. new text end

new text begin Amount of compensation. new text end

new text begin (a) An essential worker shall receive compensation
for each hour of emergency paid sick leave received under this section in an amount that
shall be the greater of:
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new text begin (1) the essential worker's regular rate of pay for the essential worker's last pay period,
including pursuant to any collective bargaining agreement that applies;
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new text begin (2) the state minimum wage in effect under Minnesota Statutes, section 177.24; or
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new text begin (3) the local minimum wage to which the essential worker is entitled, except that in no
event shall emergency paid sick time provided under this section exceed $5,110 in the
aggregate.
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new text begin (b) Unused or remaining leave under this section shall not carry over past the expiration
of this section.
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new text begin (c) Nothing in this section shall be construed to require financial or other reimbursement
to an essential worker from an employer upon the essential worker's termination, resignation,
retirement, or other separation from employment for emergency paid sick time under this
section that has not been used by the essential worker.
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new text begin Subd. 5. new text end

new text begin Relationship to other leave. new text end

new text begin (a) Except as provided in paragraph (c), emergency
paid sick leave under this section shall be in addition to any paid or unpaid leave provided
to an essential worker by an employer under a collective bargaining agreement, negotiated
agreement, contract, or any other employment policy.
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new text begin (b) An essential worker may use leave provided under this section first, and except as
provided in paragraph (c), an employer shall not require an essential worker to use other
paid or unpaid leave provided by the employer before the essential worker uses the leave
provided under this section or in lieu of the leave provided under this section.
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new text begin (c) Notwithstanding paragraphs (a) and (b), if an employer has already provided an
essential worker with additional paid leave for any reason provided in subdivision 2, and
the leave is in addition to the regular amount of paid leave provided by the employer and
would compensate the essential worker in an amount equal to or greater than the amount
of compensation provided under this section, the employer may count the hours of other
additional paid leave toward the total number of hours of emergency paid sick leave required
under this section.
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new text begin (d) An employer shall provide notice to essential workers of the requirements for
emergency paid sick leave provided under this section.
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new text begin (e) Nothing in this section shall be deemed:
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new text begin (1) to limit the rights of a public essential worker or employer under any law, rule,
regulation, or collectively negotiated agreement, or the rights and benefits that accrue to
essential workers through collective bargaining agreements, or the rights of essential workers
with respect to any other employment benefits; or
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new text begin (2) to prohibit any personnel action that otherwise would have been taken regardless of
a request to use, or use of, any leave provided by this section.
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new text begin (f) Nothing in this section shall prevent an employer from providing, or the parties to a
collective bargaining agreement from agreeing to, leave benefits that meet or exceed and
do not otherwise conflict with the requirements for emergency paid sick leave under this
section.
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new text begin Subd. 6. new text end

new text begin Requirements and enforcement. new text end

new text begin (a) An employer shall not take any retaliatory
personnel action against an essential worker for requesting or obtaining emergency paid
sick leave under this section or for bringing a complaint related to this section, including a
proceeding that seeks enforcement of this section.
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new text begin (b) The Department of Labor and Industry shall enforce this section. The commissioner
has the authority provided under Minnesota Statutes, section 177.27, subdivision 4, including
the authority to issue an order requiring an employer to comply with this section. The
commissioner may investigate complaints of violations of this section as necessary to
determine whether a violation has occurred. If the commissioner finds that an employer has
violated this section, the commissioner shall fine the employer up to $1,000 for each willful
violation for each essential worker.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
essential workers hired by an employer on or after the day following final enactment. This
section applies retroactively from March 13, 2020, for essential workers who were employed
on or after March 13, 2020, and are currently employed as of the day following final
enactment or May 17, 2021, whichever is earlier. Subdivisions 1 to 5 sunset 30 days after
a peacetime emergency declared by the governor in an executive order that relates to the
infectious disease known as COVID-19 is terminated or rescinded. Subdivision 6 sunsets
two years after a peacetime emergency declared by the governor in an executive order that
relates to the infectious disease known as COVID-19 is terminated or rescinded.
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