SF 661

as introduced - 91st Legislature (2019 - 2020) Posted on 03/15/2019 09:02am

A bill for an act
relating to religious holidays; modifying student absence from school for religious
holidays; requiring employee leave for religious holidays; amending Minnesota
Statutes 2018, sections 120A.35; 120A.40; 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 2018, section 120A.35, is amended to read:

120A.35 ABSENCE FROM SCHOOL FOR RELIGIOUS OBSERVANCE.

Reasonable efforts must be made by a school district to accommodate any pupil who
wishes to be excused from a curricular activity for a religious observance. new text begin A school board
must provide annual notice to parents of the school district's policy relating to a pupil's
absence from school for religious observance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 2.

Minnesota Statutes 2018, section 120A.40, is amended to read:

120A.40 SCHOOL CALENDAR.

(a) Except for learning programs during summer, flexible learning year programs
authorized under sections 124D.12 to 124D.127, and learning year programs under section
124D.128, a district must not commence an elementary or secondary school year before
Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
may be held before Labor Day. Districts that enter into cooperative agreements are
encouraged to adopt similar school calendars.

(b) A district may begin the school year on any day before Labor Day:

(1) to accommodate a construction or remodeling project of $400,000 or more affecting
a district school facility;

(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 with a
district that qualifies under clause (1); or

(3) if the district agrees to the same schedule with a school district in an adjoining state.

new text begin (c) A school board may consider the community's religious observance when adopting
an annual school calendar.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2019-2020 school year and later.
new text end

Sec. 3.

new text begin [181.9445] LEAVE FOR RELIGIOUS HOLIDAYS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Employee" means an individual who performs services for hire for an employer.
Employee does not include an independent contractor.
new text end

new text begin (c) "Employer" means a person or entity that employs one or more employees and
includes an individual, corporation, partnership, association, nonprofit organization, group
of persons, the state, county, town, city, school district, or other governmental subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Leave. new text end

new text begin An employer must grant at least two days of unpaid leave per calendar
year for a reason of faith or conscience or an organized activity conducted under the auspices
of a religious denomination, church, or religious organization, unless the employee's absence
would impose an undue hardship on the employer. An employee must provide reasonable
notice to the employer in requesting the leave.
new text end