HF 4415

as introduced - 91st Legislature (2019 - 2020) Posted on 04/14/2020 02:05pm

A bill for an act
relating to education; requiring compensation for hourly employees for school
days canceled due to COVID-19 during the 2019-2020 school year.

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

Section 1. new text begin SCHOOL CLOSURES DUE TO COVID-19; 2019-2020 SCHOOL YEAR.
new text end

new text begin Subdivision 1. new text end

new text begin Required school days and hours. new text end

new text begin (a) Notwithstanding any law to the
contrary, if a school district, charter school, the governor, commissioner of health, or
commissioner of education cancels a day or days of school for any of the reasons listed in
paragraph (b), the school district or charter school must compensate employees as provided
in subdivision 2.
new text end

new text begin (b) The following are reasons for a school cancellation under paragraph (a):
new text end

new text begin (1) providing for social distancing to prevent COVID-19 infections;
new text end

new text begin (2) cleaning or disinfecting school property to prevent COVID-19 infections; or
new text end

new text begin (3) complying with any requirement or suggestion by the state, the governor, or
commissioner of health related to a COVID-19 public health emergency.
new text end

new text begin Subd. 2. new text end

new text begin COVID-19 cancellation; employees. new text end

new text begin (a) This subdivision applies to an
employee of a school district or charter school that cancels a school day under subdivision
1 who:
new text end

new text begin (1) was scheduled to work on the day that school was canceled under subdivision 1;
new text end

new text begin (2) did not work on that day or worked fewer than the number of scheduled hours for
the employee on that day; and
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new text begin (3) did not receive compensation for all scheduled hours that day.
new text end

new text begin (b) In addition to paragraph (a), this subdivision applies to any day or portion of a day
not worked, for which the employee was scheduled to work, that the employee did not work
at the recommendation or direction of a health care provider acting within the provider's
scope of practice or Department of Health staff member due to the possibility the employee
was infected with COVID-19.
new text end

new text begin (c) Notwithstanding any law to the contrary, for each day identified in paragraph (a) or
(b), a school district or charter school must compensate any school district or charter school
employee for any hours scheduled but not worked at the employee's regular rate of pay.
new text end

new text begin (d) Notwithstanding any law to the contrary, for the purposes of this subdivision, an
employee is scheduled to work if:
new text end

new text begin (1) a school district or charter school notified the employee of the schedule orally or in
writing;
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new text begin (2) the employee works a fixed or periodically recurring schedule and had not notified
the school district or charter school that the employee intended to deviate from that schedule;
or
new text end

new text begin (3) in the event of a school closure that disrupts the ability of a school district or charter
school to notify the employee of the employee's schedule, the employee is deemed scheduled
to work the same number of hours and days as the last schedule for which the school district
or charter school provided notice.
new text end

new text begin (e) Notwithstanding any law to the contrary, compensation under this subdivision must
not be deducted from accrued sick or paid leave unless the employee is actually being treated
for a COVID-19 infection.
new text end

new text begin (f) Notwithstanding any law to the contrary, a school district or charter school must
count any hours or days for which an employee is entitled to compensation under this
subdivision as hours or days worked for the purpose of entitlement to or accrual of any
benefits to which the employee would be otherwise entitled.
new text end

new text begin Subd. 3. new text end

new text begin Probationary teachers. new text end

new text begin For the 2019-2020 school year only, for purposes of
Minnesota Statutes, sections 122A.40, subdivision 5, paragraph (e), and 122A.41, subdivision
2, paragraph (d), the minimum number of days of teacher service that a probationary teacher
must complete equals the difference between 120 days and the number of scheduled
instructional days that were canceled for COVID-19 related reasons under subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Accounting. new text end

new text begin Notwithstanding any law to the contrary, services paid under
subdivision 2, including expenses recorded in the food service fund, may be charged to the
same Uniform Financial Accounting and Reporting Standards object code to which the
service is charged for an instructional day.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
is retroactive to the beginning of the 2019-2020 school year.
new text end