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SF 17

as introduced - 91st Legislature, 2020 5th Special Session (2020 - 2020) Posted on 10/13/2020 07:51am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to employment; providing emergency paid sick leave to health care
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 beginEMERGENCY PAID SICK LEAVE FOR HEALTH CARE WORKERS.
new text end

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 them.
new text end

new text begin (b) "Emergency paid sick leave" means paid leave time provided under this section for
a reason described in subdivision 2.
new text end

new text begin (c) "Emergency responder" has the meaning provided by Code of Federal Regulations,
title 29, section 826.30(c).
new text end

new text begin (d) "Employee" means a person who performs services for hire for an employer for one
day or more, and who:
new text end

new text begin (1) is employed as a health care provider or emergency responder by an employer that
has elected to exclude such employees from emergency paid sick leave under the federal
Families First Coronavirus Response Act, Public Law 116-127;
new text end

new text begin (2) is unable to work or telework due to a reason listed in subdivision 2; and
new text end

new text begin (3) is not receiving workers' compensation benefits, unemployment insurance benefits,
or other benefits under state law or federal law or an executive order related to COVID-19,
that wholly compensates the employee for the period of time the employee is unable to
work or telework due to a reason provided in subdivision 2.
new text end

new text begin (e) "Employer" means any person who employs one or more health care providers or
emergency responders to perform a service for hire, including a corporation, partnership,
limited liability company, association, group of persons, state, county, town, city, school
district, or governmental subdivision, that has elected to exclude such employees from
emergency paid sick leave under the federal Families First Coronavirus Response Act,
Public Law 116-127.
new text end

new text begin (f) "Health care provider" has the meaning provided by Code of Federal Regulations,
title 29, section 826.30(c).
new text end

new text begin (g) "Son or daughter" has the meaning provided by United States Code, title 29, section
2611(12).
new text end

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 employee who is unable to work or telework due to any of the following reasons:
new text end

new text begin (1) the employee is subject to a federal, state, or local quarantine or isolation order related
to COVID-19;
new text end

new text begin (2) the employee has been advised by a health care provider to self-quarantine due to
concerns related to COVID-19;
new text end

new text begin (3) the employee is experiencing symptoms of COVID-19 and seeking a medical
diagnosis;
new text end

new text begin (4) the employee 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);
new text end

new text begin (5) the employee is caring for a son or daughter of the employee if the school or place
of care of the son or daughter has been closed, or the child care provider of the son or
daughter is unavailable due to COVID-19 precautions; or
new text end

new text begin (6) the employee is experiencing any other substantially similar condition specified by
the secretary of the Department of Health and Human Services in consultation with the
secretary of the Department of the Treasury and the secretary of the Department of Labor.
new text end

new text begin Subd. 3. new text end

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

new text begin (a) An employee shall be entitled to emergency
paid sick leave as provided under this section for the following number of hours:
new text end

new text begin (1) up to 100 hours for any employee who:
new text end

new text begin (i) the employer considers to work full time;
new text end

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
new text end

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;
new text end

new text begin (2) a number of hours equal to the number of hours that an employee works for the
employer on average over a two-week period for any employee who:
new text end

new text begin (i) the employer considers to work part time;
new text end

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
new text end

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
new text end

new text begin (3) 14 times the average number of hours an employee worked per day for the employer
for the previous six months, or for the entire period the employee has worked for the
employer, whichever is shorter, for any employee who works variable hours, and who is
not covered by clause (1) or (2).
new text end

new text begin (b) Leave under this section shall be available for use by an employee for a reason listed
in subdivision 2, on the day following final enactment, and may be used intermittently,
provided that any amount of leave taken under this section shall end with the employee's
next scheduled work shift immediately following the termination of the employee's need
for leave under a reason listed in subdivision 2.
new text end

new text begin (c) After the first workday or portion thereof that an employee receives leave under this
section, an employer may require the employee to follow reasonable notice procedures to
continue receiving leave.
new text end

new text begin (d) Leave under this section expires 30 days after the peacetime emergency declared by
the governor in an executive order that relates to the infectious disease known as COVID-19
is terminated or rescinded.
new text end

new text begin Subd. 4. new text end

new text begin Amount of compensation. new text end

new text begin (a) An employee shall receive compensation for
each hour of emergency paid sick leave received under this section in an amount that shall
be the greater of:
new text end

new text begin (1) the employee's regular rate of pay for the employee's last pay period, including
pursuant to any collective bargaining agreement that applies;
new text end

new text begin (2) the state minimum wage in effect under Minnesota Statutes, section 177.24; or
new text end

new text begin (3) the local minimum wage to which the employee is entitled,
new text end

new text begin except that in no event shall emergency paid sick time provided under this section exceed
$6,388 in the aggregate.
new text end

new text begin (b) Unused or remaining leave under this section shall not carry over past the expiration
of this section.
new text end

new text begin (c) Nothing in this section shall be construed to require financial or other reimbursement
to an employee from an employer upon the employee's termination, resignation, retirement,
or other separation from employment for emergency paid sick time under this section that
has not been used by the employee.
new text end

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 employee by an employer under a collective bargaining agreement, negotiated
agreement, contract, or any other employment policy.
new text end

new text begin (b) An employee may use leave provided under this section first, and except as provided
in paragraph (c), an employer shall not require an employee to use other paid or unpaid
leave provided by the employer before the employee uses the leave provided under this
section or in lieu of the leave provided under this section.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), if an employer has already provided an
employee with additional paid leave for the reasons listed in subdivision 2, and the leave
is in addition to the regular amount of paid leave provided by the employer and would
compensate the employee 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.
new text end

new text begin (d) Nothing in this section shall be deemed:
new text end

new text begin (1) to limit the rights of a public employee or employer under any law, rule, regulation,
or collectively negotiated agreement, or the rights and benefits that accrue to employees
through collective bargaining agreements, or the rights of employees with respect to any
other employment benefits; or
new text end

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.
new text end

new text begin (e) 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.
new text end

new text begin Subd. 6. new text end

new text begin Requirements and enforcement. new text end

new text begin (a) An employer shall provide notice to
employees of the requirements for emergency paid sick leave provided under this section.
new text end

new text begin (b) An employer shall not discharge, discipline, or in any manner discriminate or retaliate
against an employee 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.
new text end

new text begin (c) In addition to any remedies otherwise provided by law, an employee seeking redress
for a violation of this section may bring a civil action in district court to recover any damages
recoverable at law, together with costs and disbursements, including reasonable attorney
fees. An employer found to have violated this section may be liable for compensatory
damages, injunctive relief, or other equitable relief, as determined by the district court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
sunsets 30 days after the peacetime emergency declared by the governor in an executive
order that relates to the infectious disease known as COVID-19 is terminated or rescinded.
new text end