SF 4330

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 12:10pm

A bill for an act
relating to employment; modifying incumbency requirement for pregnancy and
parenting leave; amending Minnesota Statutes 2018, section 181.940, subdivision
2.

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

Section 1.

Minnesota Statutes 2018, section 181.940, subdivision 2, is amended to read:

Subd. 2.

Employee.

new text begin (a) Except as provided in paragraph (b), new text end "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 months 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 the
12-month period immediately preceding the leave.

new text begin (b) Notwithstanding paragraph (a), a female person requesting leave for prenatal care,
or incapacity due to pregnancy, childbirth, or related health conditions is an "employee" for
the purposes of sections 181.940, 181.941, 181.942, and 181.943 if she performs services
for hire for an employer for:
new text end

new text begin (1) at least 90 days preceding the request; and
new text end

new text begin (2) 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 the
12-month period immediately preceding the leave.
new text end

new text begin (c) new text end Employee includes all individuals employed at any site owned or operated by the
employer but does not include an independent contractor.