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SF 2660

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2018 10:43am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to employment; providing employee exemptions from employer mandatory
influenza vaccine requirements; excluding certain conduct as employment
misconduct; amending Minnesota Statutes 2017 Supplement, section 268.095,
subdivision 6; 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 [181.987] INFLUENZA VACCINATION REQUIREMENTS IN
WORKPLACE.
new text end

new text begin (a) An employer having a policy that requires employees to receive an annual influenza
vaccination must allow an exemption from the requirement if an employee provides:
new text end

new text begin (1) a statement to the employer signed by a physician that an influenza vaccination is
contraindicated for the employee for medical reasons; or
new text end

new text begin (2) a statement to the employer that the employee does not wish to receive an influenza
vaccination based on the conscientiously held religious beliefs of the employee.
new text end

new text begin (b) An employer may assign an employee receiving an exemption under paragraph (a)
to job duties that do not involve direct contact with the public.
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, 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; deleted text begin or
deleted text end

(10) conduct that was a consequence of the applicant, or an immediate family member
of the applicant, being a victim of domestic abuse, sexual assault, or stalking. For the
purposes of this subdivision, "domestic abuse," "sexual assault," and "stalking" have the
meanings given them in subdivision 1deleted text begin .deleted text end new text begin ; or
new text end

new text begin (11) conduct that was a consequence of the applicant’s refusal to submit to a mandatory
influenza vaccination required by the employer.
new text end

(c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
169A.31, 169A.50 to 169A.53, or 171.177 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.