HF 4462

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 02:57pm

A bill for an act
relating to employment; modifying earned sick and safe time; amending Minnesota
Statutes 2023 Supplement, sections 177.50, by adding a subdivision; 181.9445,
subdivisions 4, 5, 7; 181.9446; 181.9447, subdivisions 2, 3, 9.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 177.50, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Penalty waiver. new text end

new text begin The department shall not impose any monetary penalty for an
initial violation of earned sick and safe time requirements under sections 181.9445 to
191.9448 until after January 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 181.9445, subdivision 4, is amended
to read:

Subd. 4.

Earned sick and safe time.

new text begin (a) Except as provided in paragraphs (b) and (c),
new text end "earned sick and safe time" means leave, including paid time off and other paid leave
systems, that is paid at the same hourly rate as an employee earns from employment that
may be used for the same purposes and under the same conditions as provided under section
181.9447, but in no case shall this hourly rate be less than that provided under section 177.24
or an applicable local minimum wage.

new text begin (b) For an employer with 25 or fewer full-time equivalent employees, earned sick and
safe time is paid at half of the hourly rate as an employee earns from employment.
new text end

new text begin (c) During an employer's first 12-consecutive months of operation, the employer may,
but is not required to, provide paid earned sick and safe time.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 181.9445, subdivision 5, is amended
to read:

Subd. 5.

Employee.

"Employee" means any person who is employed by an employer,
including temporary and part-time employees, who performs work for at least 80 hours in
a year for that employer in Minnesota. Employee does not include:

(1) an independent contractor; deleted text begin or
deleted text end

(2) an individual employed by an air carrier as a flight deck or cabin crew member who:

(i) is subject to United States Code, title 45, sections 181 to 188;

(ii) works less than a majority of their hours in Minnesota in a calendar year; and

(iii) is provided with paid leave equal to or exceeding the amounts in section 181.9446 deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) a minor under the age of 18;
new text end

new text begin (4) an employee who works an average of 25 hours or fewer per normal workweek;
new text end

new text begin (5) a seasonal worker who works for 20 weeks or fewer in a consecutive 12-month
period;
new text end

new text begin (6) an employee who works fewer than 520 hours in a consecutive 12-month period;
new text end

new text begin (7) an employee who works on a per diem or intermittent basis who:
new text end

new text begin (i) only works when the employee indicates they can work;
new text end

new text begin (ii) is under no obligation to accept work for the employer offering work; and
new text end

new text begin (iii) has no expectation of continuing employment with the employer; or
new text end

new text begin (8) an owner, or a child, spouse or domestic partner, parent, grandparent, grandchild, or
sibling of the owner.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 181.9445, subdivision 7, is amended
to read:

Subd. 7.

Family member.

new text begin (a) new text end "Family member" means new text begin , with respect to an employee new text end :

deleted text begin (1) an employee's:
deleted text end

deleted text begin (i) deleted text end new text begin (1) a new text end child, new text begin including a biological, adopted, or new text end foster child, deleted text begin adult child, legal ward, deleted text end new text begin a
stepchild, or a new text end child for whom the employee is legal guardian, or child to whom the employee
stands deleted text begin or stood deleted text end in loco parentis;

deleted text begin (ii) deleted text end new text begin (2) a new text end spouse or deleted text begin registered deleted text end domestic partner;

deleted text begin (iii) deleted text end new text begin (3) a new text end sibling deleted text begin , stepsibling, or foster sibling deleted text end ;

deleted text begin (iv) biological, adoptive, or foster deleted text end new text begin (4) a new text end parent deleted text begin , stepparent, or a person who stood in loco
parentis when the employee was a minor child deleted text end ;

deleted text begin (v) deleted text end new text begin (5) a new text end grandchild deleted text begin , foster grandchild, or stepgrandchild deleted text end ; new text begin or
new text end

deleted text begin (vi) deleted text end new text begin (6) a new text end grandparent deleted text begin or stepgrandparent; deleted text end new text begin .
new text end

deleted text begin (vii) a child of a sibling of the employee;
deleted text end

deleted text begin (viii) a sibling of the parents of the employee; or
deleted text end

deleted text begin (ix) a child-in-law or sibling-in-law;
deleted text end

deleted text begin (2) any of the family members listed in clause (1) of a spouse or registered domestic
partner;
deleted text end

deleted text begin (3) any other individual related by blood or whose close association with the employee
is the equivalent of a family relationship; and
deleted text end

deleted text begin (4) up to one individual annually designated by the employee.
deleted text end

new text begin (b) For the purposes of sections 177.50 and 181.9445 to 181.9448, the following terms
have the meanings given them:
new text end

new text begin (1) "grandchild" means a child of the employee's child;
new text end

new text begin (2) "grandparent" means a parent of the employee's parent; and
new text end

new text begin (3) "parent" means the biological, adoptive, or foster parent, stepparent, or legal guardian
of an employee or the employee's spouse, or an individual who stood in loco parentis to an
employee when the employee was a minor child.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 181.9446, is amended to read:

181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.

(a) An employee accrues a minimum of one hour of earned sick and safe time for every
deleted text begin 30 deleted text end new text begin 40 new text end hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
Employees may not accrue more than 48 hours of earned sick and safe time in a year unless
the employer agrees to a higher amount.

(b)(1) Except as provided in clause (2), employers must permit an employee to carry
over accrued but unused sick and safe time into the following year. The total amount of
accrued but unused earned sick and safe time for an employee must not exceed 80 hours at
any time, unless an employer agrees to a higher amount.

(2) In lieu of permitting the carryover of accrued but unused sick and safe time into the
following year as provided under clause (1), an employer may provide an employee with
earned sick and safe time for the year that meets or exceeds the requirements of this section
that is available for the employee's immediate use at the beginning of the subsequent year
as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and
safe time at the end of a year at the same hourly rate as an employee earns from employment;
deleted text begin or deleted text end (ii) 80 hours, if an employer does not pay an employee for accrued but unused sick and
safe time at the end of a year at the same or greater hourly rate as an employee earns from
employment. In no case shall this hourly rate be less than that provided under section 177.24,
or an applicable local minimum wage deleted text begin . deleted text end new text begin ; or (iii) if an employee begins employment in the
middle of an employer's 12-month consecutive year, the employer may satisfy the
requirements of this section:
new text end

new text begin (A) by providing a prorated number of earned sick and safe time hours for immediate
use based on the amount of days remaining in the employer's 12-month consecutive year;
or
new text end

new text begin (B) on an accrual basis, as provided in paragraph (a).
new text end

(c) Employees who are exempt from overtime requirements under United States Code,
title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work 40
hours in each workweek for purposes of accruing earned sick and safe time, except that an
employee whose normal workweek is less than 40 hours will accrue earned sick and safe
time based on the normal workweek.

(d) earned sick and safe time under this section begins to accrue at the commencement
of employment of the employee.

(e) new text begin (1) Except as provided in clause (2), new text end employees may use earned sick and safe time
as it is accrued.

new text begin (2) An employer may impose a waiting period of up to 90 days before earned sick and
safe time may be used.
new text end

new text begin (f) For an employer with 25 or fewer full-time equivalent employees, accrual of earned
sick and safe time under this section is paid at half of the hourly rate as an employee earns
from employment.
new text end

new text begin (g) An employer may, but is not required to, provide paid earned sick and safe time
during the employer's first 12-consecutive months of operation.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 181.9447, subdivision 2, is amended
to read:

Subd. 2.

Notice.

new text begin (a) new text end An employer may require notice of the need for use of earned sick
and safe time as provided in this paragraph. If the need for use is foreseeable, an employer
may require advance notice of the intention to use earned sick and safe time but must not
require more than seven days' advance notice. If the need is unforeseeable, an employer
may require an employee to give notice of the need for earned sick and safe time as soon
as practicable. new text begin If the need is unforeseeable, the employee shall provide notice to the employer
not less than two hours prior to when the employee is scheduled to work, except when the
need to use earned sick and safe time arises while an employee is performing work. new text end An
employer that requires notice of the need to use earned sick and safe time in accordance
with this subdivision shall have a written policy containing reasonable procedures for
employees to provide notice of the need to use earned sick and safe time, and shall provide
a written copy of such policy to employees. If a copy of the written policy has not been
provided to an employee, an employer shall not deny the use of earned sick and safe time
to the employee on that basis.

new text begin (b) Except for the use of accrued earned sick and safe time under subdivision 1, clause
(3), an employee who fails to provide notice in accordance with the requirements of this
subdivision is not entitled to be paid for any period of earned sick and safe time used for
which no notice was provided to the employer. If a copy of the written policy has not been
provided to an employee, an employer shall not deny pay for the use of earned sick and safe
time to the employee on that basis.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 181.9447, subdivision 3, is amended
to read:

Subd. 3.

Documentation.

(a) When an employee uses earned sick and safe time for
more than three consecutive days, an employer may require reasonable documentation that
the earned sick and safe time is covered by subdivision 1.

(b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6),
reasonable documentation may include a signed statement by a health care professional
indicating the need for use of earned sick and safe time. However, if the employee or
employee's family member did not receive services from a health care professional, or if
documentation cannot be obtained from a health care professional in a reasonable time or
without added expense, then reasonable documentation for the purposes of this paragraph
may include a written statement from the employee indicating that the employee is using
or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause
(1), (2), (5), or (6).

(c) For earned sick and safe time under subdivision 1, clause (3), an employer must
accept a court record or documentation signed by a volunteer or employee of a victims
services organization, an attorney, a police officer, or an antiviolence counselor as reasonable
documentation.

(d) For earned sick and safe time to care for a family member under subdivision 1, clause
(4), an employer must accept as reasonable documentation a written statement from the
employee indicating that the employee is using or used earned sick and safe time for a
qualifying purpose as reasonable documentation.

(e) An employer must not require disclosure of details relating to domestic abuse, sexual
assault, or stalking or the details of an employee's or an employee's family member's medical
condition as related to an employee's request to use earned sick and safe time under this
section.

(f) Written statements by an employee may be written in the employee's first language
and need not be notarized or in any particular format.

new text begin (g) An employee who fails to provide documentation in accordance with the requirements
of this subdivision, or upon the request of the employer, is not entitled to be paid for any
period of earned sick and safe time used for which no documentation was provided to the
employer. The employer shall have a written policy containing reasonable procedures for
an employee to provide documentation related to the use of earned sick and safe time in
accordance with this subdivision, and shall provide a written copy of such policy to
employees. The employer's written policy must allow for a reasonable period of time for
the employee to provide documentation. If a copy of the written policy has not been provided
to an employee, an employer shall not deny pay for the use of earned sick and safe time to
the employee on that basis.
new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 181.9447, subdivision 9, is amended
to read:

Subd. 9.

Notice and posting by employer.

(a) Employers must give notice to all
employees that they are entitled to earned sick and safe time, including the amount of earned
sick and safe time, the accrual year for the employee, the terms of its use under this section,
and a copy of the written policy for providing notice as provided under subdivision 2; that
retaliation against employees who request or use earned sick and safe time is prohibited;
and that each employee has the right to file a complaint or bring a civil action if earned sick
and safe time is denied by the employer or the employee is retaliated against for requesting
or using earned sick and safe time.

(b) Employers must supply employees with a notice in English and the primary language
of the employee, as identified by the employee, that contains the information required in
paragraph (a) at commencement of employment or January 1, 2024, whichever is later.

(c) The means used by the employer must be at least as effective as the following options
for providing notice:

(1) posting a copy of the notice at each location where employees perform work and
where the notice must be readily observed and easily reviewed by all employees performing
work;

(2) providing a paper or electronic copy of the notice to employees; or

(3) a conspicuous posting in a web-based or app-based platform through which an
employee performs work.

The notice must contain all information required under paragraph (a).

(d) An employer that provides an employee handbook to its employees must include in
the handbook notice of employee rights and remedies under this section.

(e) The Department of Labor and Industry shall prepare a uniform employee notice form
for employers to use that provides the notice information required under this section. The
commissioner shall prepare the uniform employee notice in the five most common languages
spoken in Minnesota. Upon the written request of an employer who is subject to this section,
the commissioner shall provide a copy of the uniform employee notice in any primary
language spoken by an employee in the employer's place of business. If the commissioner
does not provide the copy of the uniform employee notice in response to a request under
this paragraph, the employer who makes the request is not subject to a penalty for failing
to provide the required notice under this subdivision for violations that arise after the date
of the request. new text begin The department shall not impose any monetary penalty for an initial violation
of this subdivision until after January 1, 2025.
new text end