SF 2832

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; requiring employers to allow unpaid leave for
employees to perform volunteer firefighter duties; 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 [181.947] VOLUNTEER FIREFIGHTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them in this subdivision.
new text end

new text begin (b) "Employee" means a person who performs services for hire for an employer, but
not an essential employee as defined in section 179A.03, subdivision 7.
new text end

new text begin (c) "Employer" means any person having ten or more full-time employees in
Minnesota and includes the state and any political subdivision of the state.
new text end

new text begin Subd. 2. new text end

new text begin Adverse action prohibited. new text end

new text begin An employer may not discharge, discipline,
threaten, otherwise discriminate against, or penalize an employee regarding the employee's
terms, conditions, location, or privileges of employment because the employee is absent
from or late to work for up to 40 hours in any 12-month period in order to perform
duties as a volunteer firefighter, if those duties are emergency response activities. This
section does not apply where the duties involve administrative or training activities only.
Nothing in this section requires an employer to pay an employee for time spent performing
volunteer firefighter duties that are not part of the employment.
new text end

new text begin Subd. 3. new text end

new text begin Individual remedies. new text end

new text begin In addition to any other remedies provided by
law, a person injured by a violation of subdivision 2 may bring a civil action to recover
damages, costs, disbursements, and reasonable attorney fees, and may receive injunctive
and equitable relief as determined by a court.
new text end

Sec. 2. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall insert a first grade headnote prior to Minnesota Statutes,
section 181.947, that reads "VOLUNTEER FIREFIGHTER LEAVE."
new text end