HF 4628

as introduced - 91st Legislature (2019 - 2020) Posted on 05/04/2020 11:39am

A bill for an act
relating to employment; requiring temporary periods of furlough for public
employees.

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

Section 1. new text begin FURLOUGH OF PUBLIC EMPLOYEES.
new text end

new text begin (a) Notwithstanding any law, collective bargaining agreement, or compensation plan to
the contrary, each public employee, as defined in paragraph (b), shall be subject to one week
of mandatory, unpaid leave once per calendar month until December 31, 2020, or until the
date determined in paragraph (d), whichever is earlier. A public employee's employer, as
defined in paragraph (c), shall determine and schedule the employee's week of unpaid leave
each calendar month consistent with the need to continue efficient operations, and with
consideration of an employee's preference when possible. The one-week period of unpaid
leave shall not exceed 40 hours per calendar month for a full-time employee, or for a
part-time or temporary employee working fewer than 40 hours, the average number of hours
the employee would otherwise be normally scheduled to work during a one-week period in
that calendar month. An employee may elect to use accrued vacation leave, personal leave,
or medical or sick leave during a period of unpaid leave if available.
new text end

new text begin (b) For the purposes of this section only, a public employee includes a person employed
for one day or more by the state; by a county, city, town, statutory or home rule charter city,
school district, special service district, or municipality; or by any other political subdivision
or governmental instrumentality of the state. A public employee specifically includes an
employee of the Minnesota State Colleges and Universities system, the Metropolitan Council,
and the governor's office. The University of Minnesota system is encouraged to fulfill the
directives of this section for its employees.
new text end

new text begin (c) For the purposes of this section only, an employer of a public employee is:
new text end

new text begin (1) the commissioner of management and budget for a state employee;
new text end

new text begin (2) the governing entity of a county, city, town, statutory or home rule charter city,
school district, special service district, municipality, or any other political subdivision
or governmental instrumentality of the state, for an employee thereof; or
new text end

new text begin (3) the governing entity of the Minnesota State Colleges and Universities system, the
Metropolitan Council, or the governor's office, for an employee thereof.
new text end

new text begin (d) An employer, as defined in paragraph (c), may in its discretion cancel any remaining
periods of leave required under this section prior to December 31, 2020, if appropriate based
on the state of the economy.
new text end

new text begin (e) A public employee subject to unpaid leave under this section shall be allowed to
continue accruing vacation and sick leave, be eligible for insurance and retirement benefits,
accrue seniority, and accrue service credit and credited salary in retirement plans as if the
employee had actually been working during any period of leave. An employee covered by
a retirement plan may voluntarily make the employee contributions to the retirement plan
during a period of leave under this section. If the employee makes these contributions, the
applicable employer under the employee's retirement plan must continue to make the
employer contribution. To receive eligible service credit and credited salary in a defined
benefit plan, the employee member shall pay an amount equal to the applicable employee
contribution rates. If an employee pays the employee contribution for a period of the leave
under this section, the applicable employer of the employee under the defined benefit plan
must continue to pay the employer contribution. Contributions must be made in a time and
manner prescribed by the executive director of the applicable retirement system.
new text end

new text begin (f) Any period of leave required under this section is unpaid and is an involuntary leave
of absence for the purposes of Minnesota Statutes, section 268.085.
new text end

new text begin (g) Following a period of leave under this section, an employer shall make reasonable
efforts to restore or reassign the employee to the same position, or to an equivalent position,
based on the position the employee held when a period of leave commenced, with equivalent
employment benefits, pay, and terms and conditions of employment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end