HF 612

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

A bill for an act
relating to employment; establishing minimum standards of sick leave for certain
workers; providing civil penalties; proposing coding for new law in Minnesota
Statutes, chapter 181.

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

Section 1. new text begin PURPOSE.
new text end

new text begin The purpose of the Healthy Families, Healthy Workplaces Act is: (1) to ensure that
all working Minnesotans can address their health needs and the health needs of their
families; (2) to permit victims of sexual assault and domestic abuse to address needs
directly related to the violence or abuse; and (3) to enable workers to seek early and
routine medical care for themselves and their family members.
new text end

Sec. 2.

new text begin [181.9395] SICK LEAVE.
new text end

new text begin Subdivision 1. new text end

new text begin Citation; Healthy Families, Healthy Workplaces Act. new text end

new text begin This section
may be cited as the "Healthy Families, Healthy Workplaces Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Child" means biological child, adopted or foster child, stepchild or legal ward,
or a child to whom the employee stands in loco parentis who is under the age of 18 years
or who is 18 years of age or older but incapable of self care or earning a living due to a
physical or mental disability or incapacity.
new text end

new text begin (c) "Commissioner" means the commissioner of labor and industry or an authorized
designee or representative.
new text end

new text begin (d) "Department" means the Department of Labor and Industry.
new text end

new text begin (e) "Domestic abuse" is as defined in the Domestic Abuse Act, section 518B.01,
subdivision 2, paragraph (a), and includes a threat of such acts committed against
an individual, regardless of whether these acts or threats have been reported to law
enforcement officers.
new text end

new text begin (f) "Employ" is as defined in the Fair Labor Standards Act, section 177.23,
subdivision 5.
new text end

new text begin (g) "Employee" is as defined in the Fair Labor Standards Act, section 177.23,
subdivision 7, and includes recipients of public benefits who are engaged in work activity
as a condition of receiving public assistance.
new text end

new text begin (h) "Employer" is as defined in the Fair Labor Standards Act, section 177.23,
subdivision 6.
new text end

new text begin (i) "Extended family member" means any other individual related by blood or affinity
whose close association with the employee is the equivalent of a family relationship.
new text end

new text begin (j) "Grandparent" means a parent of a parent.
new text end

new text begin (k) "Paid sick leave" means leave that is compensated at the same hourly rate as the
employee earns from employment and is provided by an employer to an employee for
the purposes described in subdivision 4.
new text end

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

new text begin (m) "Retaliatory personnel action" means the discharge, suspension, or demotion
by an employer of an employee or any other adverse employment action taken by an
employer against an employee in the terms and conditions of employment.
new text end

new text begin (n) "Sexual assault" includes criminal sexual conduct in the first, second, third,
fourth, and fifth degrees as defined in sections 609.342 to 609.3451 and includes a threat
of such acts committed against an individual, regardless of whether these acts or threats
have been reported to law enforcement officers.
new text end

new text begin (o) "Spouse" means a person to whom the employee is legally married under the
laws of Minnesota.
new text end

new text begin (p) "Stalking" means acts criminalized under section 609.749 and includes a threat
of such acts committed against an individual, regardless of whether these acts or threats
have been reported to law enforcement officers.
new text end

new text begin Subd. 3. new text end

new text begin Accrual of paid sick leave. new text end

new text begin (a) An employee who works at least 56 hours
in the state has the right to paid sick leave as provided in this section.
new text end

new text begin (b) An employer that employs ten or more employees must provide a minimum of
one hour of paid sick leave for every 30 hours worked by an employee, except that the
employer is not required to provide more than 72 hours of paid sick leave to an employee
in a calendar year.
new text end

new text begin (c) An employer that employs fewer than ten employees must provide a minimum of
one hour of paid sick leave for every 30 hours worked by an employee, except that the
employer is not required to provide more than 40 hours of paid sick leave to an employee
in a calendar year.
new text end

new text begin (d) An employee who is exempt from overtime requirements under United States
Code, title 29, section 213(a)(1) of the Federal Fair Labor Standards Act is assumed
to work 40 hours in each work week for purposes of paid sick leave accrual under this
subdivision, unless the employee's normal work week is less than 40 hours, in which case
paid sick leave accrues based upon that normal work week.
new text end

new text begin (e) Paid sick leave must accrue in hour-unit or smaller increments.
new text end

new text begin (f) Paid sick leave must begin to accrue at the commencement of employment.
new text end

new text begin (g) An employee is entitled to use accrued paid sick leave beginning on the 90th
day following commencement of employment. After the 90th day of employment, an
employee may use sick leave as it is accrued.
new text end

new text begin (h) An employee may carry forward unused paid sick leave from one calendar
year to the next.
new text end

new text begin (i) An employer that employs ten or more employees may limit the amount of paid
sick leave an employee may use in each calendar year to 72 hours.
new text end

new text begin (j) An employer that employs fewer than ten employees may limit the amount of
paid sick leave an employee may use in each calendar year to 40 hours.
new text end

new text begin (k) An employer complies with this section if it has a paid leave policy that makes
available an amount of paid leave that may be used for the same purposes and under the
same conditions as paid sick leave under this section.
new text end

new text begin (l) An employer may adopt or retain leave policies that are more generous to an
employee than the policies required under this section.
new text end

new text begin (m) When an employee separates from employment and is rehired within 12 months
of separation by the same employer, previously accrued paid sick leave that has not been
used must be reinstated. The employee is entitled to use accrued paid sick leave and to
accrue additional sick leave at the recommencement of employment.
new text end

new text begin (n) At its discretion, an employer may loan paid sick leave to an employee in
advance of accrual by the employee.
new text end

new text begin Subd. 4. new text end

new text begin Use of paid sick leave. new text end

new text begin (a) Subject to subdivision 3, an employer must
allow an employee to use accrued paid sick leave for:
new text end

new text begin (1) an employee's mental or physical illness, injury, or health condition; medical
diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or
preventive medical care;
new text end

new text begin (2) care of a spouse, child, parent, grandparent, or extended family member with a
mental or physical illness, injury, or health condition who needs medical diagnosis, care,
or treatment of a mental or physical illness, injury, or health condition, or who needs
preventive medical care; and
new text end

new text begin (3) any absence necessary due to domestic abuse, provided the leave is to:
new text end

new text begin (i) seek medical attention for the employee or employee's child, spouse, parent,
grandparent, or extended family member to recover from physical or psychological injury
or disability caused by domestic abuse or sexual assault;
new text end

new text begin (ii) obtain services from a victim services organization;
new text end

new text begin (iii) obtain psychological or other counseling;
new text end

new text begin (iv) seek relocation due to domestic abuse, sexual assault, or stalking; or
new text end

new text begin (v) take legal action, including preparing for or participating in any civil or criminal
legal proceeding related to or resulting from the domestic abuse or sexual assault.
new text end

new text begin (b) An employer may require reasonable notice of the need for paid sick leave. If
the need for the leave is foreseeable, an employer may require no more than seven days'
advance notice of the intention to take the leave. If the need is not foreseeable, an employer
may require an employee to give notice of the need for leave as soon as practicable.
new text end

new text begin (c) An employer may not require as a condition of providing paid sick leave under
this section that an employee search for or find a replacement worker to cover the hours
during which the employee is on paid sick leave.
new text end

new text begin Subd. 5. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer shall not take retaliatory personnel
action or discriminate against an employee because the employee has requested paid
sick leave under this section, taken paid sick leave guaranteed by this section, or made a
complaint or filed an action to enforce a right to paid sick leave under this section.
new text end

new text begin Subd. 6. new text end

new text begin Notice and posting. new text end

new text begin (a) An employer must provide to each employee
notice of the following:
new text end

new text begin (1) an employee's entitlement to and amount of paid sick leave and the terms of its
use guaranteed under this section;
new text end

new text begin (2) that retaliation against an employee who requests or uses paid sick leave is
prohibited; and
new text end

new text begin (3) that each employee has the right to file a complaint or bring a civil action if an
employer denies sick leave as required by this section or retaliates against the employee
for requesting or taking paid sick leave.
new text end

new text begin (b) An employer may comply with this section by supplying each employee with a
notice in English and Spanish that contains the information required in paragraph (a).
new text end

new text begin (c) An employer may comply with this section by displaying a poster in a
conspicuous and accessible place in each establishment where an employee is employed
that contains in English and Spanish the information required under paragraph (a).
new text end

new text begin (d) The commissioner shall create and make available to employers for their use
in complying with this subdivision posters that contain the information required under
paragraph (a).
new text end

new text begin Subd. 7. new text end

new text begin Regulations; investigations. new text end

new text begin (a) The commissioner shall issue regulations
for implementing this section including, but not limited to, requirements for employers to
maintain documentation of compliance with the terms of this section.
new text end

new text begin (b) The commissioner has authority under the enforcement powers provided in
section 175.20 to ensure compliance with this section.
new text end

new text begin Subd. 8. new text end

new text begin Enforcement. new text end

new text begin (a) Any person aggrieved by a failure to provide paid sick
leave as required by this section may bring a civil action in a state district court against an
employer violating this section.
new text end

new text begin (b) Upon prevailing in an action brought pursuant to this section, an aggrieved person
shall recover the full amount of any unpaid sick leave, any actual damages suffered as the
result of the employer's failure to provide paid sick leave, and reasonable attorney fees.
new text end

new text begin (c) Upon prevailing in an action brought pursuant to this section, an aggrieved
person is entitled to such legal or equitable relief as may be appropriate to remedy the
violation, including, without limitation, reinstatement in employment and injunctive relief.
new text end

new text begin (d) An employee subjected to retaliatory personnel action in violation of this
section may institute a civil action in a state district court and is entitled upon prevailing
to recover damages, reasonable attorney fees, and any other legal or equitable relief as
may be appropriate.
new text end

new text begin (e) Any person aggrieved by either a retaliatory personnel action in violation of this
section or by an employer's failure to provide paid sick leave as required by this section
may file a complaint with the attorney general. The filing of a complaint with the attorney
general does not preclude the filing of a civil action pursuant to this subdivision.
new text end

new text begin (f) The attorney general may bring a civil action to enforce this section. The attorney
general may seek injunctive relief. In addition to injunctive relief, or in lieu thereof, for
any employer or other person found to have willfully violated this section, the attorney
general may seek to impose a fine of $1,000 per violation, payable to the state.
new text end

new text begin (g) The statute of limitations for a civil action brought pursuant to this section shall
be five years from the date the alleged violation occurred.
new text end

new text begin (h) An action brought pursuant to this section may be brought as a class action
as permitted by Minnesota law.
new text end

new text begin Subd. 9. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin If an employer possesses health
information or information pertaining to domestic abuse about an employee or employee's
child, parent, spouse, extended family member, or other individual described in subdivision
4, paragraph (a), clause (2), the information shall be treated as confidential and not
disclosed except to the affected employee or with the permission of the affected employee.
new text end

new text begin Subd. 10. new text end

new text begin Encouragement of more generous leave policies. new text end

new text begin (a) Nothing in this
section shall be construed to discourage or prohibit an employer from the adoption or
retention of a paid leave policy more generous than the one required by this section.
new text end

new text begin (b) Nothing in this section shall be construed as diminishing the obligation of an
employer to comply with any contract, collective bargaining agreement, employment
benefit plan, or other agreement providing more generous leave to an employee than
required by this section.
new text end

new text begin (c) Nothing in this section shall be construed as diminishing the rights of public
employees regarding paid sick leave or use of sick leave as provided in section 43A.1815.
new text end

Sec. 3. new text begin SEVERABILITY.
new text end

new text begin If any provision of section 2 or application thereof to any person or circumstance is
judged invalid, the invalidity shall not affect other provisions or applications of section 2
which can be given effect without the invalid provision or application, and to this end the
provisions of section 2 are declared severable.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective 180 days following final enactment.
new text end