SF 2050

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/23/2014 08:52am

A bill for an act
relating to women's economic security; promoting the economic self-sufficiency
of women; reducing gender segregation in the workforce; reducing the gender
pay gap through the participation of women in high-wage, high-demand,
nontraditional occupations; establishing a women and nontraditional jobs grant
program; modifying eligibility for unemployment benefits when applicant is a
victim of sexual assault or stalking; creating a women entrepreneurs business
development competitive grant program; providing for pregnancy and parenting
leave; requiring pregnancy accommodations; requiring certificates of pay
equity compliance as a condition for certain state contracts; classifying data;
protecting wage disclosure; prohibiting retaliation; prohibiting discrimination in
employment based on status as a family caregiver; clarifying unfair employment
practices related to nursing mothers; requiring a report; appropriating money;
amending Minnesota Statutes 2012, sections 116L.98; 181.67, by adding a
subdivision; 181.939; 181.940, subdivision 2; 181.941; 181.943; 268.095,
subdivisions 1, 6; Minnesota Statutes 2013 Supplement, sections 116L.665,
subdivision 2; 181.9413; proposing coding for new law in Minnesota Statutes,
chapters 116L; 181; 363A.

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

ARTICLE 1

WOMEN'S ECONOMIC SECURITY ACT

Section 1. new text begin CITATION; WOMEN'S ECONOMIC SECURITY ACT.
new text end

new text begin This act shall be known as the Women's Economic Security Act.
new text end

ARTICLE 2

ECONOMIC SECURITY

Section 1.

Minnesota Statutes 2013 Supplement, section 116L.665, subdivision 2,
is amended to read:

Subd. 2.

Membership.

The governor's Workforce Development Council is
composed of 31 members appointed by the governor. The members may be removed
pursuant to section 15.059. In selecting the representatives of the council, the governor
shall ensure that 50 percent of the members come from nominations provided by local
workforce councils. Local education representatives shall come from nominations
provided by local education to employment partnerships. The 31 members shall represent
the following sectors:

(a) State agencies: the following individuals shall serve on the council:

(1) commissioner of the Minnesota Department of Employment and Economic
Development;

(2) commissioner of the Minnesota Department of Education; and

(3) commissioner of the Minnesota Department of Human Services.

(b) Business and industry: six individuals shall represent the business and industry
sectors of Minnesota.

(c) Organized labor: six individuals shall represent labor organizations of Minnesota.

(d) Community-based organizations: four individuals shall represent
community-based organizations of Minnesota. Community-based organizations are
defined by the Workforce Investment Act as private nonprofit organizations that are
representative of communities or significant segments of communities and that have
demonstrated expertise and effectiveness in the field of workforce investment and may
include entities that provide job training services, serve youth, serve individuals with
disabilities, serve displaced homemakers, union-related organizations, employer-related
nonprofit organizations, and organizations serving nonreservation Indians and tribal
governments.

(e) Education: six individuals shall represent the education sector of Minnesota
as follows:

(1) one individual shall represent local public secondary education;

(2) one individual shall have expertise in design and implementation of school-based
service-learning;

(3) one individual shall represent leadership of the University of Minnesota;

(4) one individual shall represent secondary/postsecondary vocational institutions;

(5) the chancellor of the Board of Trustees of the Minnesota State Colleges and
Universities; and

(6) one individual shall have expertise in agricultural education.

(f) Other: two individuals shall represent other constituencies including:

(1) units of local government; and

(2) applicable state or local programs.

The speaker and the minority leader of the house of representatives shall each
appoint a representative to serve as an ex officio member of the council. The majority
and minority leaders of the senate shall each appoint a senator to serve as an ex officio
member of the council.

The governor shall appoint one individual representing public libraries new text begin , one
individual with expertise in assisting women in obtaining employment in nontraditional
occupations, new text end and one individual representing adult basic education programs to serve as deleted text begin a
deleted text end nonvoting deleted text begin advisor deleted text end new text begin advisors new text end to the council.

(g) Appointment: each member shall be appointed for a term of three years from the
first day of January or July immediately following their appointment. Elected officials
shall forfeit their appointment if they cease to serve in elected office.

(h) Members of the council are compensated as provided in section 15.059,
subdivision 3.

Sec. 2.

Minnesota Statutes 2012, section 116L.98, is amended to read:

116L.98 WORKFORCE PROGRAM OUTCOMES.

The commissioner shall develop and implement a set of standard approaches
for assessing the outcomes of workforce programs under this chapter. The outcomes
assessed must include, but are not limited to, periodic comparisons of workforce program
participants and nonparticipants. new text begin By January 1 of each year, the commissioner shall
report to the legislature on progress and outcomes of workforce programs, including the
requirements under section 116L.99. The report regarding outcomes of activities under
section 116L.99 must include data on:
new text end

new text begin (1) the gender, race, and age of participants, including cross tabulations;
new text end

new text begin (2) occupations;
new text end

new text begin (3) geography;
new text end

new text begin (4) advancement salaries; and
new text end

new text begin (5) the gender pay gap within occupations.
new text end

The commissioner shall also monitor the activities and outcomes of programs and
services funded by legislative appropriations and administered by the department on a
pass-through basis and develop a consistent and equitable method of assessing recipients
for the costs of its monitoring activities.

Sec. 3.

new text begin [116L.99] WOMEN AND NONTRADITIONAL JOBS GRANT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purpose of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of employment and economic
development.
new text end

new text begin (c) ''Eligible organization'' includes, but is not limited to:
new text end

new text begin (1) community-based organizations experienced in serving women;
new text end

new text begin (2) employers;
new text end

new text begin (3) business and trade associations;
new text end

new text begin (4) labor unions and employee organizations;
new text end

new text begin (5) registered apprenticeship programs;
new text end

new text begin (6) secondary and postsecondary education institutions located in Minnesota; and
new text end

new text begin (7) workforce and economic development agencies.
new text end

new text begin (d) "Nontraditional occupations'' means those occupations in which women make
up less than 25 percent of the workforce as defined under United States Code, title 20,
section 2302.
new text end

new text begin (e) "Registered apprenticeship program'' means a program registered under United
States Code, title 29, section 50.
new text end

new text begin Subd. 2. new text end

new text begin Grant program. new text end

new text begin The commissioner shall establish the women and
nontraditional jobs grant program to increase the number of women in high-wage,
nontraditional occupations. The commissioner shall make grants to eligible organizations
for programs that encourage and assist women to enter high-wage, high-demand,
nontraditional occupations including but not limited to those in the skilled trades, science,
technology, engineering, and math (STEM) occupations.
new text end

new text begin Subd. 3. new text end

new text begin Use of funds. new text end

new text begin (a) Grant funds awarded under this section may be used for:
new text end

new text begin (1) recruitment, preparation, placement, and retention of women, including
low-income women and women over 50 years old, in registered apprenticeships,
postsecondary education programs, on-the-job training, and permanent employment in
high-wage, high-demand, nontraditional occupations;
new text end

new text begin (2) secondary or postsecondary education or other training to prepare women to
succeed in nontraditional occupations. Activities under this clause may be conducted by
the grantee or in collaboration with another institution, including but not limited to a
public or private secondary or postsecondary school;
new text end

new text begin (3) innovative, hands-on, best practices that stimulate interest in nontraditional
occupations among girls, increase awareness among girls about opportunities in
nontraditional occupations, or increase access to secondary programming leading to jobs
in nontraditional occupations. Best practices include but are not limited to mentoring,
internships, or apprenticeships for girls in nontraditional occupations;
new text end

new text begin (4) training and other staff development for job seeker counselors and Minnesota
family investment program (MFIP) caseworkers on opportunities in nontraditional
occupations;
new text end

new text begin (5) incentives for employers and sponsors of registered apprenticeship programs to
retain women in nontraditional occupations for more than one year;
new text end

new text begin (6) training and technical assistance for employers to create a safe and healthy
workplace environment designed to retain and advance women, including best practices
for addressing sexual harassment, and to overcome gender inequity among employers
and registered apprenticeship programs;
new text end

new text begin (7) public education and outreach activities to overcome stereotypes about women
in nontraditional occupations, including the development of educational and marketing
materials; and
new text end

new text begin (8) support for women in nontraditional occupations including but not limited to
assistance with workplace issues resolution and access to advocacy assistance and services.
new text end

new text begin (b) Grant applications must include detailed information about how the applicant
plans to:
new text end

new text begin (1) increase women's participation in high-wage, high-demand occupations in which
women are currently underrepresented in the workforce;
new text end

new text begin (2) comply with the requirements under paragraph (a); and
new text end

new text begin (3) use grant funds in conjunction with funding from other public or private sources.
new text end

new text begin (c) In awarding grants under this subdivision, the commissioner shall give priority
to eligible organizations:
new text end

new text begin (1) with demonstrated success in recruiting and preparing women, especially
low-income women and women over 50 years old, for nontraditional occupations; and
new text end

new text begin (2) that leverage additional public and private resources.
new text end

new text begin (d) At least 50 percent of total grant funds must be awarded to programs providing
services and activities targeted to women with family incomes of less than 200 percent
of the federal poverty guidelines.
new text end

new text begin (e) The commissioner of employment and economic development in conjunction
with the commissioner of labor and industry shall monitor the use of funds under this
section, collect and compile information on the activities of other state agencies and public
or private entities that have purposes similar to those under this section, and identify other
public and private funding available for these purposes.
new text end

Sec. 4.

new text begin [116L.991] WOMEN ENTREPRENEURS BUSINESS DEVELOPMENT
GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms
have the meanings given.
new text end

new text begin (a) "Women-owned business" means a business entity owned or controlled by
women that is organized for profit including, but not limited to, an individual, partnership,
corporation, joint venture, association, or cooperative. "Owned or controlled by women"
means:
new text end

new text begin (1) that the business is at least 51 percent owned by one or more women or, in the
case of any publicly traded business, at least 51 percent of the stock of which is owned by
one or more women; and
new text end

new text begin (2) the business has management and daily business operations that are controlled
by one or more women.
new text end

new text begin (b) "High economic impact firm" means a business that is projected to generate at
least $500,000 in annual revenue and create at least ten high-quality jobs.
new text end

new text begin (c) "Qualified business" means a women-owned business in the field of construction;
transportation; warehousing; agriculture; mining; finance; insurance; professional,
technical, or scientific services; technology; or other high economic impact business.
new text end

new text begin (d) "High-quality job" means a job that pays an annual income equal to at least 150
percent of the federal poverty guideline adjusted for a family size of four.
new text end

new text begin Subd. 2. new text end

new text begin Program created. new text end

new text begin The commissioner of employment and economic
development shall operate a women entrepreneurs business development competitive
grant program to facilitate the creation and expansion of high-growth, high-revenue,
women-owned businesses that are a qualified business.
new text end

new text begin Subd. 3. new text end

new text begin Use of funds. new text end

new text begin Funds available for the purpose of this section may be
used for:
new text end

new text begin (1) entrepreneurial training, mentoring, and technical assistance for the startup or
expansion of businesses owned by women;
new text end

new text begin (2) development of networks of potential investors; and
new text end

new text begin (3) development of a recruitment program for midcareer women with an interest
in starting a qualified business.
new text end

Sec. 5.

new text begin [363A.44] EQUAL PAY CERTIFICATE.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin (a) No department, agency of the state, the Metropolitan
Council, or an agency subject to section 473.143, subdivision 1, shall execute a contract or
agreement in excess of $500,000 with a business that has 40 or more full-time employees
in this state or a state where the business has its primary place of business on a single
day during the prior 12 months, unless the business has an equal pay certificate or it has
certified in writing that it is exempt. For purposes of this section, a business does not
include an entity with a contract with a department or agency of the state if the entity has a
license, certification, registration, provider agreement, or provider enrollment contract,
which are prerequisite to providing goods and services to consumers under chapters 43A,
62A, 62C, 62D, 62E, 256B, 256L, and 256I. A certificate is valid for four years.
new text end

new text begin (b) This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 352.965, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin (a) A business shall apply for an equal pay certificate
by paying a $150 filing fee and submitting an equal pay compliance statement to the
commissioner. The proceeds from the fees collected under this subdivision shall be
deposited in an equal pay certificate special revenue account. Money in the account is
appropriated to the commissioner for the purposes of this section. The commissioner shall
issue an equal pay certificate of compliance to a business that submits to the commissioner
a statement signed by the chairperson of the board or chief executive officer of the business:
new text end

new text begin (1) that the business is in compliance with Title VII of the Civil Rights Act of 1964,
Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for
Equal Work Law;
new text end

new text begin (2) that wage and benefit disparities are corrected when identified to ensure
compliance with the laws cited in clause (1); and
new text end

new text begin (3) how often wages and benefits are evaluated to ensure compliance with the laws
cited in clause (1).
new text end

new text begin (b) The equal pay compliance statement shall also indicate whether the business, in
setting compensation and benefits, utilizes:
new text end

new text begin (1) a market pricing approach;
new text end

new text begin (2) state prevailing wage or union contract requirements;
new text end

new text begin (3) a performance pay system;
new text end

new text begin (4) an internal analysis; or
new text end

new text begin (5) an alternative approach to determine what level of wages and benefits to pay
its employees. If the business uses an alternative approach, the business must provide a
description of its approach.
new text end

new text begin (c) Receipt of the equal pay compliance statement by the commissioner does not
establish good-faith efforts or compliance with the laws set forth in paragraph (a), clause
(1).
new text end

new text begin Subd. 3. new text end

new text begin Issuance or rejection of certificate. new text end

new text begin The commissioner must issue an
equal pay certificate, or a statement of why the application was rejected, within 15 days of
receipt of the application. An application may be rejected only if it does not comply with
the requirements of subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Revocation of certificate. new text end

new text begin An equal pay certificate for a business may be
suspended or revoked by the commissioner when the business fails to make a good-faith
effort to comply with the laws identified in subdivision 2, paragraph (a), clause (1), fails
to make a good-faith effort to comply with this section, or has multiple violations of
this section or the laws identified in subdivision 2, paragraph (a), clause (1). Prior to
suspending or revoking a certificate, the commissioner must first have sought to conciliate
with the business regarding wages and benefits due to employees.
new text end

new text begin Subd. 5. new text end

new text begin Revocation of contract. new text end

new text begin (a) If a contract is awarded to a business that does
not have an equal pay certificate as required under subdivision 1, the commissioner may
void the contract on behalf of the state. The contract award entity that is a party to the
agreement must be notified by the commissioner prior to the commissioner taking action
to void the contract.
new text end

new text begin (b) A contract may be abridged or terminated by the contract award entity identified
in subdivision 1 upon notice that the commissioner has suspended or revoked the
certificate of the business.
new text end

new text begin Subd. 6. new text end

new text begin Administrative review. new text end

new text begin (a) A business may obtain an administrative
hearing pursuant to sections 14.57 to 14.69 when the commissioner suspends or revokes
its certificate by filing a written request for hearing 20 days after service of notice by
the commissioner.
new text end

new text begin (b) A business may obtain an administrative hearing pursuant to sections 14.57 to
14.69 when the contract award entity identified in subdivision 1 abridges or terminates
a contract by filing a written request for a hearing 20 days after service of notice by the
contract award entity.
new text end

new text begin Subd. 7. new text end

new text begin Technical assistance. new text end

new text begin The commissioner must provide technical assistance
to any business that requests assistance regarding this section.
new text end

new text begin Subd. 8. new text end

new text begin Audit. new text end

new text begin The commissioner shall have authority to audit compliance
with this section to determine exempt status or with respect to employees expected to
perform work under the contract by requesting information from the business necessary to
determine compliance with this section and laws identified under subdivision 2, paragraph
(a), clause (1).
new text end

new text begin Subd. 9. new text end

new text begin Access to data. new text end

new text begin Data submitted to the commissioner related to equal pay
certificates are private data on individuals or nonpublic data with respect to persons other
than department employees. The commissioner's decision to issue, not issue, revoke, or
suspend an equal pay certificate is public data.
new text end

new text begin Subd. 10. new text end

new text begin Report. new text end

new text begin The commissioner shall report to the governor and the chairs and
ranking minority members of the committees in the senate and the house of representatives
with primary jurisdiction over the department by January 31 of every even-numbered year,
beginning January 31, 2016. The report shall indicate the number of equal pay certificates
issued, the number of audits conducted, the processes used by contractors to ensure
compliance with the laws cited in subdivision 2, paragraph (a), clause (1), and a summary
of its auditing efforts. The commissioner shall consult with the Legislative Coordinating
Commission Office on the Economic Status of Women in preparing the report.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to any
solicitation made on or after that date.
new text end

Sec. 6. new text begin REPORT; RETIREMENT SAVINGS PLAN.
new text end

new text begin (a) The commissioner of management and budget must report to the legislature
by January 15, 2015, on the potential for a state-administered retirement savings plan
to serve employees without access to either an automatic enrollment payroll deduction
IRA maintained or offered by their employer, or a multiemployer retirement plan or
qualifying retirement plan or arrangement described in sections 414(f) and 219(g)(5),
respectively, of the Internal Revenue Code of 1986, as amended through April 14, 2011.
The potential state-administered plan would provide for individuals to make contributions
to their own accounts to be pooled and invested by the State Board of Investment, with the
benefit consisting of the balance in each individual's account, and with the state having no
liability for investment earnings and losses, while discouraging employers from dropping
existing retirement plan options.
new text end

new text begin (b) The report must include:
new text end

new text begin (1) estimates of the average amount of savings and other financial resources residents
of Minnesota have upon retirement and those that are recommended for a financially
secure retirement in Minnesota;
new text end

new text begin (2) estimates of the relative progress toward achieving the savings recommended for
a financially secure retirement by gender, race, and ethnicity;
new text end

new text begin (3) barriers to savings and reasons individuals and employers may not be
participating in existing private sector retirement plans;
new text end

new text begin (4) estimated impact on publicly funded social safety net programs attributable to
insufficient retirement savings, and the aggregate effect of potential state-administered
plan options on publicly funded social safety net programs and the state economy;
new text end

new text begin (5) estimates of the number of Minnesota workers who could be served by the
potential state-administered plan, and the participation rate that would make the plan
self-sustaining;
new text end

new text begin (6) effect of federal tax laws and the federal Employee Retirement Income Security
Act on a potential state-administered plan and on participating employers and employees,
including the effect of these laws if the plan included potential for employer contributions,
either commingled with or segregated from employee contributions;
new text end

new text begin (7) comparison of a potential state-administered plan to private sector and federal
government retirement savings options with regard to participation rates, contribution
rates, risk-adjusted return expectations, and fees;
new text end

new text begin (8) existing state and federal consumer protections that would apply to a potential
state-administered plan and options for strengthening consumer protections for plan
participants;
new text end

new text begin (9) alternative ways and costs for the state to encourage similar outcomes to a
state-administered plan;
new text end

new text begin (10) options for state administration of the plan, including investment strategies for
funds contributed to the plan in consultation with the State Board of Investment, the
potential use and availability of investment strategies, private insurance, underwriting,
or reinsurance against loss to limit or eliminate potential state liability and manage risk
to the principal, and group annuities to ensure a stable stream of retirement income
throughout beneficiaries' retirement years;
new text end

new text begin (11) options for meeting the investment needs of participants based on income,
desired liquidity, age, risk tolerance, and other factors determined by the commissioner;
new text end

new text begin (12) options for the process by which individuals or employers would contribute to
the plan, and their effect on participation rates, savings rates, and fees;
new text end

new text begin (13) options discouraging employers from dropping existing employer-sponsored
retirement savings plans in favor of a potential state-administered plan;
new text end

new text begin (14) projected costs of administration, record keeping, and investment management,
including staffing, legal, compliance, licensing, procurement, communications with
employers and employees, oversight, marketing, technology and infrastructure, and the fee
needed to cover these costs as a percentage of the average daily net assets of the potential
state-administered plan, relative to asset size and plan structure, and projected by year of
plan operation, with estimates of investment-related fees determined in consultation with
the State Board of Investment;
new text end

new text begin (15) how the projected fees compare with those of comparable retirement savings
options in the private sector with similar risk-adjusted return expectations; and
new text end

new text begin (16) other topics that the commissioner determines are relevant to legislative
consideration of possible establishment of a state-administered plan.
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. 7. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Human Rights. new text end

new text begin $674,000 in fiscal year 2015 is
appropriated from the general fund to the commissioner of human rights for the equal pay
certificate program under Minnesota Statutes, section 363A.44. The base budget for this
appropriation for fiscal year 2016 and later is $426,000.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota Management and Budget. new text end

new text begin $750,000 in fiscal year 2014 is
appropriated from the general fund to the commissioner of Minnesota management and
budget for the retirement savings plan report in section 6. This is a onetime appropriation
and is available until expended.
new text end

new text begin Subd. 3. new text end

new text begin Department of Employment and Economic Development. new text end

new text begin (a)
$500,000 in fiscal year 2015 is appropriated from the general fund to the commissioner
of employment and economic development for the women entrepreneurs business
development grant program under Minnesota Statutes, section 166L.991. This is a onetime
appropriation and is available until expended.
new text end

new text begin (b) $500,000 in fiscal year 2015 is appropriated from the workforce development
fund to the commissioner of employment and economic development for the women
and nontraditional jobs grant program under Minnesota Statutes, section 166L.99. The
commissioner may use up to five percent of the appropriation to administer the grant
program. This is a onetime appropriation and is available until expended.
new text end

new text begin Subd. 4. new text end

new text begin Department of Labor and Industry. new text end

new text begin (a) $250,000 in fiscal year 2015
is appropriated from the workforce development fund to the commissioner of labor and
industry for the labor education advancement program under Minnesota Statutes, section
178.11, to educate, promote, assist, and support women to enter apprenticeship programs in
nontraditional occupations. This is a onetime appropriation and is available until expended.
new text end

new text begin (b) $24,000 in fiscal year 2015 is appropriated from the general fund to the
commissioner of labor and industry for additional compliance and enforcement activities
by the labor standards unit related to this act.
new text end

ARTICLE 3

EMPLOYMENT PROTECTIONS

Section 1.

Minnesota Statutes 2012, section 181.67, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Wage disclosure protection. new text end

new text begin (a) An employer shall not:
new text end

new text begin (1) require nondisclosure by an employee of his or her wages as a condition of
employment;
new text end

new text begin (2) require an employee to sign a waiver or other document which purports to deny
an employee the right to disclose the employee's wages; or
new text end

new text begin (3) take any adverse employment action against an employee for disclosing the
employee's own wages or discussing another employee's wages which have been disclosed
voluntarily.
new text end

new text begin (b) Nothing in this subdivision shall be construed to:
new text end

new text begin (1) create an obligation on any employer or employee to disclose wages;
new text end

new text begin (2) permit an employee, without the written consent of the employer, to disclose
proprietary information, trade secret information, or information that is otherwise subject
to a legal privilege or protected by law;
new text end

new text begin (3) diminish any existing rights under the National Labor Relations Act under
United States Code, title 29; or
new text end

new text begin (4) permit the employee to disclose wage information of other employees to a
competitor of their employer.
new text end

Sec. 2.

Minnesota Statutes 2012, section 181.939, is amended to read:

181.939 NURSING MOTHERS.

new text begin Subdivision 1. new text end

new text begin Employer duties. new text end

new text begin (a) new text end An employer must provide reasonable unpaid
break time each day to an employee who needs to express breast milk for her infant child.
The break time must, if possible, run concurrently with any break time already provided to
the employee. An employer is not required to provide break time under this section if to
do so would unduly disrupt the operations of the employer.

new text begin (b) new text end The employer must make reasonable efforts to provide a room or other location,
in close proximity to the work area, other than a new text begin bathroom or a new text end toilet stall, new text begin that is shielded
from view and free from intrusion from coworkers and the public and that includes access
to an electrical outlet, new text end where the employee can express her milk in privacy. The employer
would be held harmless if reasonable effort has been made.

new text begin (c) new text end For the purposes of this section, "employer" means a person or entity that
employs one or more employees and includes the state and its political subdivisions.

new text begin (d) An employer may not retaliate against an employee for asserting rights or
remedies under this section.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement. new text end

new text begin The Department of Labor and Industry shall enforce this
section. The department shall assess a fine of up to $1,000 for a first violation and up to
$2,000 for a second and subsequent violations of this section. A fine shall be assessed
only if an employer fails to remedy a violation within 15 days of written notice of a
violation from the department.
new text end

Sec. 3.

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. 4.

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 biological 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. 5.

Minnesota Statutes 2013 Supplement, section 181.9413, is amended to read:

181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.

(a) An employee may use personal sick leave benefits provided by the employer
for absences due to an illness of or injury to the employee's child, as defined in section
181.940, subdivision 4, adult child, spouse, sibling, parent, new text begin grandchild, new text end grandparent, or
stepparent, for reasonable periods of time as the employee's attendance may be necessary,
on the same terms upon which the employee is able to use sick leave benefits for the
employee's own illness or injury. This section applies only to personal sick leave benefits
payable to the employee from the employer's general assets.

(b) new text begin An employee may use sick leave as allowed under this section for safety leave,
whether or not the employee's employer allows use of sick leave for that purpose for
such reasonable periods of time as assistance may be necessary. Safety leave may be
used for assistance to the employee or assistance to the relatives described in paragraph
(a). For the purpose of this section, "safety leave" is leave for the purpose of providing
or receiving assistance because of sexual assault, domestic abuse, or stalking. For the
purpose of this paragraph:
new text end

new text begin (1) "domestic abuse" has the meaning given in section 518B.01;
new text end

new text begin (2) "sexual assault" means an act that constitutes a violation under sections 609.342
to 609.3453 or 609.352; and
new text end

new text begin (3) "stalking" has the meaning given in section 609.749.
new text end

new text begin (c) new text end An employer may limit the use of new text begin safety leave as described in paragraph (b) or
new text end personal sick leave benefits provided by the employer for absences due to an illness of
or injury to the employee's adult child, spouse, sibling, parent, new text begin grandchild, new text end grandparent,
or stepparent to no less than 160 hours in any 12-month period. This paragraph does not
apply to absences due to the illness or injury of a child, as defined in section 181.940,
subdivision 4.

deleted text begin (c) deleted text end new text begin (d) new text end For purposes of this section, "personal sick leave benefits" means time
accrued and available to an employee to be used as a result of absence from work due
to personal illness or injury, but does not include short-term or long-term disability or
other salary continuation benefits.

deleted text begin (d) deleted text end new text begin (e) new text end For the purpose of this section, "child" includes a stepchild and a biological,
adopted, and foster child.

new text begin (f) For the purpose of this section, "grandchild" includes a step-grandchild, and a
biological, adopted, and foster grandchild.
new text end

deleted text begin (e) deleted text end new text begin (g) new text end This section does not prevent an employer from providing greater sick leave
benefits than are provided for under this section.

new text begin (h) An employer shall not retaliate against an employee for requesting or obtaining a
leave of absence under this section.
new text end

Sec. 6.

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
accommodations to an employee for the employee's medical or physical conditions related
to pregnancy or childbirth, if the employee provides a written documentation of a medical
necessity by a licensed health care provider or certified doula for an accommodation
unless the employer demonstrates that the accommodation would impose an undue
hardship on the operation of the employer's business. A pregnant employee shall not
be required to provide documentation of medical necessity nor may an employer claim
undue hardship for the following accommodations: (1) more frequent restroom, food, and
water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and
employer shall engage in an interactive process with respect to an employee's request for
a reasonable accommodation. "Reasonable accommodation" may include, but is not
limited to, temporary transfer to a less strenuous or hazardous position, seating, frequent
restroom breaks, and limits to heavy lifting. Notwithstanding any other provision of
this section, an employer shall not be required to create a new or additional position in
order to accommodate an employee pursuant to this section, and shall not be required to
discharge any employee, transfer any other employee with greater seniority, or promote
any employee.
new text end

new text begin Subd. 2. 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. 3. 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 Subd. 4. new text end

new text begin Employee not required to take leave. new text end

new text begin An employer shall not require an
employee to take a leave or accept an accommodation.
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. 7.

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.

Sec. 8.

Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read:

Subdivision 1.

Quit.

An applicant who quit employment is ineligible for all
unemployment benefits according to subdivision 10 except when:

(1) the applicant quit the employment because of a good reason caused by the
employer as defined in subdivision 3;

(2) the applicant quit the employment to accept other covered employment that
provided substantially better terms and conditions of employment, but the applicant did
not work long enough at the second employment to have sufficient subsequent earnings to
satisfy the period of ineligibility that would otherwise be imposed under subdivision 10
for quitting the first employment;

(3) the applicant quit the employment within 30 calendar days of beginning the
employment because the employment was unsuitable for the applicant;

(4) the employment was unsuitable for the applicant and the applicant quit to enter
reemployment assistance training;

(5) the employment was part time and the applicant also had full-time employment
in the base period, from which full-time employment the applicant separated because of
reasons for which the applicant was held not to be ineligible, and the wage credits from
the full-time employment are sufficient to meet the minimum requirements to establish a
benefit account under section 268.07;

(6) the applicant quit because the employer notified the applicant that the applicant
was going to be laid off because of lack of work within 30 calendar days. An applicant
who quit employment within 30 calendar days of a notified date of layoff because of lack
of work is ineligible for unemployment benefits through the end of the week that includes
the scheduled date of layoff;

(7) the applicant quit the employment (i) because the applicant's serious illness or
injury made it medically necessary that the applicant quit; or (ii) in order to provide
necessary care because of the illness, injury, or disability of an immediate family member
of the applicant. This exception only applies if the applicant informs the employer of
the medical problem and requests accommodation and no reasonable accommodation
is made available.

If the applicant's serious illness is chemical dependency, this exception does not
apply if the applicant was previously diagnosed as chemically dependent or had treatment
for chemical dependency, and since that diagnosis or treatment has failed to make
consistent efforts to control the chemical dependency.

This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;

(8) the applicant's loss of child care for the applicant's minor child caused the
applicant to quit the employment, provided the applicant made reasonable effort to obtain
other child care and requested time off or other accommodation from the employer and no
reasonable accommodation is available.

This exception raises an issue of the applicant's being available for suitable
employment under section 268.085, subdivision 1, that the commissioner must determine;

(9) new text begin the applicant quit because new text end domestic abuse new text begin , sexual assault, or stalking new text end of the
applicant or an immediate family member of the applicant, necessitated the applicant's
quitting the employment. deleted text begin Domestic abuse must be shown by one or more of the following:
deleted text end

deleted text begin (i) a district court order for protection or other documentation of equitable relief
issued by a court;
deleted text end

deleted text begin (ii) a police record documenting the domestic abuse;
deleted text end

deleted text begin (iii) documentation that the perpetrator of the domestic abuse has been convicted
of the offense of domestic abuse;
deleted text end

deleted text begin (iv) medical documentation of domestic abuse; or
deleted text end

deleted text begin (v) written statement that the applicant or an immediate family member of the
applicant is a victim of domestic abuse, provided by a social worker, member of the
clergy, shelter worker, attorney at law, or other professional who has assisted the applicant
in dealing with the domestic abuse.
deleted text end

deleted text begin Domestic abuse for purposes of this clause is defined under section 518B.01; or
deleted text end

new text begin For purposes of this paragraph:
new text end

new text begin (1) "domestic abuse" has the meaning given in section 518B.01;
new text end

new text begin (2) "sexual assault" means an act that would constitute a violation of sections
609.342 to 609.3453 or 609.352; and
new text end

new text begin (3) "stalking" means an act that would constitute a violation of section 609.749; or
new text end

(10) the applicant quit in order to relocate to accompany a spouse whose job location
changed making it impractical for the applicant to commute.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 5, 2014, and applies to all
determinations and appeal decisions issued on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2012, section 268.095, subdivision 6, is amended to read:

Subd. 6.

Employment misconduct defined.

(a) Employment misconduct means any
intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly:

(1) a serious violation of the standards of behavior the employer has the right to
reasonably expect of the employee; or

(2) a substantial lack of concern for the employment.

(b) Regardless of paragraph (a), the following is not employment misconduct:

(1) conduct that was a consequence of the applicant's mental illness or impairment;

(2) conduct that was a consequence of the applicant's inefficiency or inadvertence;

(3) simple unsatisfactory conduct;

(4) conduct an average reasonable employee would have engaged in under the
circumstances;

(5) conduct that was a consequence of the applicant's inability or incapacity;

(6) good faith errors in judgment if judgment was required;

(7) absence because of illness or injury of the applicant, with proper notice to the
employer;

(8) absence, with proper notice to the employer, in order to provide necessary care
because of the illness, injury, or disability of an immediate family member of the applicant;

(9) conduct that was a consequence of the applicant's chemical dependency, unless
the applicant was previously diagnosed chemically dependent or had treatment for
chemical dependency, and since that diagnosis or treatment has failed to make consistent
efforts to control the chemical dependency; or

(10) conduct that was a consequence of the applicant, or an immediate family
member of the applicant, being a victim of domestic abuse deleted text begin as defined under section
518B.01 deleted text end new text begin , sexual assault, or stalking new text end . deleted text begin Domestic abuse must be shown as provided for in
subdivision 1, clause (9).
deleted text end

(c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
169A.31, or 169A.50 to 169A.53 that interferes with or adversely affects the employment
is employment misconduct.

(d) If the conduct for which the applicant was discharged involved only a single
incident, that is an important fact that must be considered in deciding whether the conduct
rises to the level of employment misconduct under paragraph (a). This paragraph does
not require that a determination under section 268.101 or decision under section 268.105
contain a specific acknowledgment or explanation that this paragraph was considered.

(e) The definition of employment misconduct provided by this subdivision is
exclusive and no other definition applies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 5, 2014, and applies to all
determinations and appeal decisions issued on or after that date.
new text end