SF 1956

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 01:43pm

A bill for an act
relating to employment; providing for pregnancy and parenting leave; requiring
pregnancy accommodations; amending Minnesota Statutes 2012, sections
181.940, subdivision 2; 181.941; 181.943; proposing coding for new law in
Minnesota Statutes, chapter 181.

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

Section 1.

Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read:

Subd. 2.

Employee.

"Employee" means a person who performs services for hire for
an employer from whom a leave is requested under sections 181.940 to 181.944 for:

(1) at least 12 deleted text begin consecutive deleted text end months deleted text begin immediately deleted text end preceding the request; and

(2) for an average number of hours per week equal to one-half the full-time
equivalent position in the employee's job classification as defined by the employer's
personnel policies or practices or pursuant to the provisions of a collective bargaining
agreement, during deleted text begin those deleted text end new text begin the new text end 12 deleted text begin months deleted text end new text begin month period immediately preceding the leave new text end .

Employee includes all individuals employed at any site owned or operated by the
employer but does not include an independent contractor.

Sec. 2.

Minnesota Statutes 2012, section 181.941, is amended to read:

181.941 new text begin PREGNANCY AND new text end PARENTING LEAVE.

Subdivision 1.

deleted text begin Six deleted text end new text begin Twelve new text end -week leave; new text begin pregnancy, new text end birth new text begin , new text end or adoption.

new text begin (a) new text end An
employer must grant an unpaid leave of absence to an employee who is deleted text begin a natural or
adoptive parent in conjunction with the birth or adoption of a child. The length of the
leave shall be determined by the employee, but may not exceed six weeks, unless agreed
to by the employer. deleted text end new text begin :
new text end

new text begin (1) a natural or adoptive parent in conjunction with the birth or adoption of a child; or
new text end

new text begin (2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth,
or related health conditions.
new text end

new text begin (b) The length of the leave shall be determined by the employee, but must not exceed
12 weeks, unless agreed to by the employer.
new text end

Subd. 2.

Start of leave.

The leave shall begin at a time requested by the employee.
The employer may adopt reasonable policies governing the timing of requests for unpaid
leave deleted text begin . deleted text end new text begin and may require an employee who plans to take a leave under this section to give
the employer reasonable notice of the date the leave shall commence and the estimated
duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), new text end the
leave deleted text begin may deleted text end new text begin must new text end begin deleted text begin not more than six weeks after deleted text end new text begin within 12 months of new text end the birth or
adoption; except that, in the case where the child must remain in the hospital longer than
the mother, the leave deleted text begin may not deleted text end new text begin must new text end begin deleted text begin more than six weeks deleted text end new text begin within 12 months new text end after the
child leaves the hospital.

Subd. 3.

No employer retribution.

An employer shall not retaliate against an
employee for requesting or obtaining a leave of absence as provided by this section.

Subd. 4.

Continued insurance.

The employer must continue to make coverage
available to the employee while on leave of absence under any group insurance policy,
group subscriber contract, or health care plan for the employee and any dependents.
Nothing in this section requires the employer to pay the costs of the insurance or health
care while the employee is on leave of absence.

Sec. 3.

new text begin [181.9414] PREGNANCY ACCOMMODATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Accommodation. new text end

new text begin An employer must provide reasonable
accommodation for an employee for conditions related to pregnancy, childbirth, or related
health conditions, if she so requests. The employer may provide the accommodation
requested by the employee or an equally effective alternative. "Reasonable
accommodation" includes, but is not limited to: seating, additional restroom breaks, more
frequent access to drinking water and food, and limits on physical movements such as
heavy lifting, pushing, pulling, or standing.
new text end

new text begin Subd. 2. new text end

new text begin Transfer. new text end

new text begin An employer must temporarily transfer a pregnant female
employee to a less strenuous or hazardous position for the duration of her pregnancy if she
so requests where that transfer can be reasonably accommodated. An employee requesting
a temporary transfer shall be required to provide to the employer a certification of medical
necessity from her doctor. However, no employer shall be required by this subdivision to
create additional employment that the employer would not otherwise have created, nor
shall the employer be required to discharge any employee, transfer any employee with
more seniority, or promote any employee who is not qualified to perform the job.
new text end

new text begin Subd. 3. new text end

new text begin Interaction with other laws. new text end

new text begin Nothing in this section shall be construed to
affect any other provision of law relating to sex discrimination or pregnancy, or in any
way to diminish the coverage of pregnancy, childbirth, or health conditions related to
pregnancy or childbirth under any other provisions of any other law.
new text end

new text begin Subd. 4. new text end

new text begin No employer retribution. new text end

new text begin An employer shall not retaliate against an
employee for requesting or obtaining accommodation under this section.
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

Sec. 4.

Minnesota Statutes 2012, section 181.943, is amended to read:

181.943 RELATIONSHIP TO OTHER LEAVE.

(a) The length of deleted text begin parental deleted text end leave provided under section 181.941 may be reduced
by any period of deleted text begin paid parental or disability leave, but not accrued sick leave, provided
by the employer, so that the total leave does not exceed six weeks, unless agreed to by
the employer. deleted text end new text begin :
new text end

new text begin (1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
to by the employer; or
new text end

new text begin (2) leave taken for the same purpose by the employee under United States Code,
title 29, chapter 28.
new text end

(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing
leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise
affects an employee's rights with respect to any other employment benefit.