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HF 2

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:22pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/07/2021

Current Version - as introduced

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A bill for an act
relating to state government; adopting worker protection provisions; providing a
presumption for workers' compensation coverage; removing social security and
social security disability offsets for unemployment insurance; providing rehire
and retention protections for laid-off workers during a declared emergency;
providing emergency paid sick leave for certain essential workers; requiring reports;
authorizing rulemaking; amending Minnesota Statutes 2020, section 268.085,
subdivisions 4, 4a; proposing coding for new law in Minnesota Statutes, chapter
181.

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

ARTICLE 1

WORKERS COMPENSATION

Section 1. new text beginWORKERS' COMPENSATION FOR CERTAIN SCHOOL EMPLOYEES
WHO CONTRACT COVID-19.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 176.011, subdivision 15, paragraph (a),
an employee who contracts COVID-19 is presumed to have an occupational disease arising
out of and in the course of employment if the employee satisfies the requirements of
paragraphs (b) and (c).
new text end

new text begin (b) The employee was employed as: a teacher or school administrator by a school district,
charter school, or nonpublic school; a contract employee who provides student-related
services throughout the school year to a school district, charter school, or nonpublic school,
including paraprofessionals, student support services personnel, school bus drivers, school
nutrition staff, and custodial staff; or any other person employed by the school district,
charter school, or nonpublic school or providing services to students under a contract with
the school district, charter school, or nonpublic school.
new text end

new text begin (c) The employee's contraction of COVID-19 must be confirmed by a positive laboratory
test or, if a laboratory test was not available for the employee, as diagnosed and documented
by the employee's licensed physician, licensed physician's assistant, or licensed advanced
practice registered nurse (APRN) based on the employee's symptoms. A copy of the positive
laboratory test or the written documentation of the physician's, physician assistant's, or
APRN's diagnosis shall be provided to the employer or insurer.
new text end

new text begin (d) Once the employee has satisfied the requirements of paragraphs (b) and (c), the
presumption shall only be rebutted if the employer or insurer shows the employment was
not a direct cause of the disease. A denial of liability under this section must meet the
requirements for a denial under Minnesota Statutes, section 176.221, subdivision 1.
new text end

new text begin (e) The date of injury for an employee who has contracted COVID-19 under this section
shall be the date that the employee was unable to work due to a diagnosis of COVID-19,
or due to symptoms that were later diagnosed as COVID-19, whichever occurred first.
new text end

new text begin (f) An employee who has contracted COVID-19 but who is not entitled to the presumption
under this section is not precluded from claiming an occupational disease as provided in
Minnesota Statutes, section 176.011, subdivision 15, or from claiming a personal injury
under Minnesota Statutes, section 176.011, subdivision 16.
new text end

new text begin (g) The commissioner shall provide a detailed report on COVID-19 workers'
compensation claims under this section to the Workers' Compensation Advisory Council
and chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over workers' compensation and education finance and policy
by January 15, 2021, and then provide an updated report by August 15, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies retroactively for employees who contracted COVID-19 on or after July 15, 2020.
This section sunsets on July 30, 2021.
new text end

ARTICLE 2

UNEMPLOYMENT INSURANCE

Section 1.

Minnesota Statutes 2020, section 268.085, subdivision 4, is amended to read:


Subd. 4.

Social Security old age insurance benefits.

(a) If all of the applicant's wage
credits were earned while the applicant was claiming Social Security old age benefits, there
is no deduction of the Social Security benefits from the applicant's weekly unemployment
benefit amount.

(b) deleted text beginUnlessdeleted text endnew text begin Whennew text end paragraph (a) deleted text beginapplies, 50 percentdeleted text endnew text begin does not apply, nonenew text end of the weekly
equivalent of the primary Social Security old age benefit the applicant has received, has
filed for, or intends to file for, with respect to that week deleted text beginmustdeleted text end new text beginmay new text endbe deducted from an
applicant's weekly unemployment benefit amount.

(c) Any applicant aged 62 or over is required to state when filing an application for
unemployment benefits and when filing continued requests for unemployment benefits if
the applicant is receiving, has filed for, or intends to file for, primary Social Security old
age benefits.

(d) Information from the Social Security Administration is conclusive, absent specific
evidence showing that the information was erroneous.

(e) This subdivision does not apply to Social Security survivor benefits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 268.085, subdivision 4a, is amended to read:


Subd. 4a.

Social Security disability benefits.

(a) An applicant who is receiving, has
received, or has filed for primary Social Security disability benefits for any week is ineligible
for unemployment benefits for that week, unless:

(1) the Social Security Administration approved the collecting of primary Social Security
disability benefits each month the applicant was employed during the base period; or

(2) the applicant provides a statement from an appropriate health care professional who
is aware of the applicant's Social Security disability claim and the basis for that claim,
certifying that the applicant is available for suitable employment.

(b) If an applicant meets the requirements of paragraph (a), clause (1), there is no
deduction from the applicant's weekly benefit amount for any Social Security disability
benefits.

(c) If an applicant meets the requirements of paragraph (a), clause (2), there must be
deducted from the applicant's weekly unemployment benefit amount deleted text begin50 percentdeleted text endnew text begin nonenew text end of the
weekly equivalent of the primary Social Security disability benefits the applicant is receiving,
has received, or has filed for, with respect to that week.

If the Social Security Administration determines that the applicant is not entitled to
receive primary Social Security disability benefits for any week the applicant has applied
for those benefits, then this paragraph does not apply to that week.

(d) Information from the Social Security Administration is conclusive, absent specific
evidence showing that the information was erroneous.

(e) This subdivision does not apply to Social Security survivor benefits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2021.
new text end

ARTICLE 3

EMERGENCY REHIRE AND RETENTION LAW

Section 1.

new text begin [181.990] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of sections 181.990 to 181.993, the
following terms have the meanings given in this section.
new text end

new text begin Subd. 2. new text end

new text begin Air carrier. new text end

new text begin "Air carrier" means a person undertaking by any means, directly
or indirectly, to provide air transportation of persons, property, or mail.
new text end

new text begin Subd. 3. new text end

new text begin Aircraft. new text end

new text begin "Aircraft" means any contrivance invented, used, or designed for
navigation of or flight in the air, but excluding parachutes.
new text end

new text begin Subd. 4. new text end

new text begin Airport. new text end

new text begin "Airport" means any area of land or water, except a restricted landing
area, which is designed for the landing and takeoff of aircraft, whether or not facilities are
provided for the shelter, surfacing, or repair of aircraft, or for receiving or discharging
passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other
airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter
established.
new text end

new text begin Subd. 5. new text end

new text begin Airport authority. new text end

new text begin "Airport authority" means an authority created pursuant to
section 360.0426.
new text end

new text begin Subd. 6. new text end

new text begin Airport facility management. new text end

new text begin "Airport facility management" means a person
directing or supervising airport management activities, including but not limited to:
new text end

new text begin (1) information management;
new text end

new text begin (2) building and property management;
new text end

new text begin (3) civil services;
new text end

new text begin (4) procurement and logistics management; and
new text end

new text begin (5) legal services.
new text end

new text begin Subd. 7. new text end

new text begin Airport hospitality operation. new text end

new text begin (a) "Airport hospitality operation" means a
business that:
new text end

new text begin (1) prepares, delivers, inspects, or provides any other service in connection with the
preparation of food or beverage for aircraft crew or passengers at an airport; or
new text end

new text begin (2) provides food and beverage, retail, or other consumer goods or services to the public
at an airport.
new text end

new text begin (b) Airport hospitality operation does not include an air carrier certified by the Federal
Aviation Administration.
new text end

new text begin Subd. 8. new text end

new text begin Airport service provider. new text end

new text begin (a) "Airport service provider" means a business that
performs, under contract with a passenger air carrier, airport facility management, or airport
authority, functions on the property of the airport that are directly related to the air
transportation of persons, property, or mail, including but not limited to:
new text end

new text begin (1) the loading and unloading of property on aircraft;
new text end

new text begin (2) assistance to passengers under Code of Federal Regulations, title 14, part 382;
new text end

new text begin (3) security;
new text end

new text begin (4) airport ticketing and check-in functions;
new text end

new text begin (5) ground-handling of aircraft;
new text end

new text begin (6) aircraft cleaning and sanitization functions; or
new text end

new text begin (7) airport authority.
new text end

new text begin (b) Airport service provider does not include an air carrier certificated by the Federal
Aviation Administration.
new text end

new text begin Subd. 9. new text end

new text begin Building service. new text end

new text begin "Building service" means janitorial, building maintenance,
or security services.
new text end

new text begin Subd. 10. new text end

new text begin Business day. new text end

new text begin "Business day" means Monday through Friday, excluding any
holidays as defined in section 645.44.
new text end

new text begin Subd. 11. new text end

new text begin Change in control. new text end

new text begin "Change in control" means any sale, assignment, transfer,
contribution, or other disposition of all or substantially all of the assets used in the operation
of an enterprise or a discrete portion of the enterprise that continues in operation as an
enterprise, or a controlling interest, including by consolidation, merger, or reorganization,
of the incumbent employer or any person who controls the incumbent employer.
new text end

new text begin Subd. 12. new text end

new text begin Declared emergency. new text end

new text begin "Declared emergency" means a national security or
peacetime emergency declared by the governor under section 12.31, a local emergency
declared by the mayor of a municipality or the chair of a county board of commissioners
under section 12.29, a federal public health emergency declared by the secretary of the
Department of Health and Human Services, or a major disaster or national emergency
declared by the president.
new text end

new text begin Subd. 13. new text end

new text begin Eligible employee. new text end

new text begin (a) "Eligible employee" means an individual:
new text end

new text begin (1) whose primary place of employment is at an enterprise subject to a change in control;
new text end

new text begin (2) who is employed directly by the incumbent employer, or by an employer who has
contracted with the incumbent employer to provide services at the enterprise subject to a
change in control; and
new text end

new text begin (3) who has worked for the incumbent employer for at least one month prior to the
execution of the transfer document.
new text end

new text begin (b) Eligible employee does not include a managerial, supervisory, or confidential
employee.
new text end

new text begin Subd. 14. new text end

new text begin Employee. new text end

new text begin "Employee" means an individual who performs services for hire
for at least two hours in a particular week for an employer.
new text end

new text begin Subd. 15. new text end

new text begin Employer. new text end

new text begin "Employer" means any person who directly, indirectly, or through
an agent or any other person, including through the services of a temporary service or staffing
agency or similar entity, owns or operates an enterprise and employs one or more employees.
new text end

new text begin Subd. 16. new text end

new text begin Enterprise. new text end

new text begin "Enterprise" means a hotel, event center, airport hospitality
operation, airport service provider, or the provision of building service to office, retail, or
other commercial buildings.
new text end

new text begin Subd. 17. new text end

new text begin Event center. new text end

new text begin (a) "Event center" means a publicly or privately owned structure
of more than 50,000 square feet or 2,000 seats that is used for the purposes of public
performances, sporting events, business meetings, or similar events, and includes concert
halls, stadiums, sports arenas, racetracks, coliseums, and convention centers.
new text end

new text begin (b) Event center also includes any contracted, leased, or sublet premises connected to
or operated in conjunction with the event center's purpose, including food preparation
facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
new text end

new text begin Subd. 18. new text end

new text begin Hotel. new text end

new text begin (a) "Hotel" means a building, structure, enclosure, or any part thereof:
new text end

new text begin (1) used as, maintained as, advertised as, or held out to be a place where sleeping
accommodations, lodging, and other related services are furnished to the public; and
new text end

new text begin (2) containing 75 or more guest rooms, or suites of rooms, except adjoining rooms do
not constitute a suite of rooms. The number of guest rooms, or suites of rooms, shall be
calculated based on the room count on the opening of the hotel or on December 31, 2019,
whichever is greater.
new text end

new text begin (b) Hotel also includes any contracted, leased, or sublet premises connected to or operated
in conjunction with the hotel's purpose, or providing services thereat.
new text end

new text begin Subd. 19. new text end

new text begin Incumbent employer. new text end

new text begin "Incumbent employer" means a person who owns or
operates an enterprise subject to a change in control prior to the change in control.
new text end

new text begin Subd. 20. new text end

new text begin Laid-off employee. new text end

new text begin "Laid-off employee" means any employee who was
employed by the employer for six months or more in the 12 months preceding January 31,
2020, and whose most recent separation from actively performing services for hire occurred
after January 31, 2020, and was due to a public health directive, government shutdown
order, lack of business, a reduction in force, or other economic, nondisciplinary reason
related to the declared emergency.
new text end

new text begin Subd. 21. new text end

new text begin Length of service. new text end

new text begin "Length of service" means the total of all periods of time
during which an employee has actively been performing services for hire with the employer,
including periods of time when the employee was on leave or on vacation.
new text end

new text begin Subd. 22. new text end

new text begin Person. new text end

new text begin "Person" means an individual, corporation, partnership, limited
partnership, limited liability partnership, limited liability company, business trust, estate,
trust, association, joint venture, agency, instrumentality, or any other legal or commercial
entity, whether domestic or foreign.
new text end

new text begin Subd. 23. new text end

new text begin Successor employer. new text end

new text begin "Successor employer" means a person that owns or
operates an enterprise subject to a change in control after the change in control.
new text end

new text begin Subd. 24. new text end

new text begin Transfer document. new text end

new text begin "Transfer document" means the purchase agreement or
other documents creating a binding agreement to effect the change in control.
new text end

Sec. 2.

new text begin [181.991] EMERGENCY REHIRE AND RETENTION OF LAID-OFF
EMPLOYEES.
new text end

new text begin Subdivision 1. new text end

new text begin Rehire and recall requirements. new text end

new text begin (a) An employer shall offer its laid-off
employees in writing, to their last known physical address, and by e-mail and text message
to the extent the employer possesses such information, all job positions that become available
after the effective date of this section for which the laid-off employees are qualified. A
laid-off employee is qualified for a position if the employee either:
new text end

new text begin (1) held the same or similar position at the enterprise at the time of the employee's most
recent separation from actively performing services for hire with the employer; or
new text end

new text begin (2) is or can be qualified for the position with the same training that would be provided
to a new employee hired into that position.
new text end

new text begin (b) The employer shall offer positions to laid-off employees in an order of preference
corresponding to paragraph (a), clauses (1) and (2). If more than one employee is entitled
to preference for a position, the employer shall offer the position to the laid-off employee
with the greatest length of service for the enterprise.
new text end

new text begin (c) A laid-off employee who is offered a position pursuant to this section shall be given
at least five business days in which to accept or decline the offer. An employer may make
simultaneous conditional offers of employment to laid-off employees, with a final offer of
employment conditioned on application of the priority system in paragraph (b).
new text end

new text begin (d) An employer that declines to recall a laid-off employee on the grounds of lack of
qualifications and instead hires someone other than a laid-off employee shall provide the
laid-off employee a written notice within 30 days identifying those hired in lieu of that
recall, along with all reasons for the decision.
new text end

new text begin (e) This section also applies in any of the following circumstances:
new text end

new text begin (1) the ownership of the employer changed after the separation from employment of a
laid-off employee but the enterprise is conducting the same or similar operations as before
the declared emergency;
new text end

new text begin (2) the form of organization of the employer changed after the declared emergency;
new text end

new text begin (3) substantially all of the assets of the employer were acquired by another entity which
conducts the same or similar operations using substantially the same assets; or
new text end

new text begin (4) the employer relocates the operations at which a laid-off employee was employed
before the declared emergency to a different location.
new text end

new text begin Subd. 2. new text end

new text begin Successor employer and retention requirements new text end

new text begin (a)(1) The incumbent
employer shall, within 15 days after the execution of a transfer document, provide to the
successor employer the name, address, date of hire, and employment occupation classification
of each eligible employee.
new text end

new text begin (2) The successor employer shall maintain a preferential hiring list of eligible employees
identified by the incumbent employer under clause (1), and shall be required to hire from
that list for a period beginning upon the execution of the transfer document and continuing
for six months after the enterprise is open to the public under the successor employer.
new text end

new text begin (3) If the successor employer extends an offer of employment to an eligible employee,
the successor employer shall retain written verification of that offer for at least three years
from the date the offer was made. The verification shall include the name, address, date of
hire, and employment occupation classification of each eligible employee.
new text end

new text begin (b)(1) A successor employer shall retain each eligible employee hired pursuant to this
subdivision for no fewer than 90 days following the eligible employee's employment
commencement date. During this 90-day transition employment period, eligible employees
shall be employed under the terms and conditions established by the successor employer
or as required by law. The successor employer shall provide eligible employees with a
written offer of employment. This offer shall remain open for at least five business days
from the date of the offer. A successor employer may make simultaneous conditional offers
of employment to eligible employees, with a final offer of employment conditioned on
application of the priority system set forth in clause (2).
new text end

new text begin (2) If, within the period established in paragraph (a), clause (2), the successor employer
determines that it requires fewer eligible employees than were required by the incumbent
employer, the successor employer shall retain eligible employees by seniority within each
job classification to the extent that comparable job classifications exist.
new text end

new text begin (3) During the 90-day transition employment period, the successor employer shall not
discharge without cause an eligible employee retained pursuant to this subdivision.
new text end

new text begin (4) At the end of the 90-day transition employment period, the successor employer shall
perform a written performance evaluation for each eligible employee retained pursuant to
this section. If the eligible employee's performance during the 90-day transition employment
period is satisfactory, the successor employer shall consider offering the eligible employee
continued employment under the terms and conditions established by the successor employer
or as required by law. The successor employer shall retain a record of the written performance
evaluation for a period of no fewer than three years.
new text end

new text begin (c)(1) The incumbent employer shall post written notice of the change in control at the
location of the affected enterprise within five business days following the execution of the
transfer document. Notice shall remain posted during any closure of the enterprise and for
six months after the enterprise is open to the public under the successor employer.
new text end

new text begin (2) Notice shall include but not be limited to the name of the incumbent employer and
its contact information, the name of the successor employer and its contact information,
and the effective date of the change in control.
new text end

new text begin (3) Notice shall be posted in a conspicuous place at the enterprise so as to be readily
viewed by eligible employees, other employees, and applicants for employment.
new text end

new text begin Subd. 3. new text end

new text begin Employment protections. new text end

new text begin No employer shall refuse to employ, terminate,
reduce in compensation, or otherwise take any adverse action against any employee for
seeking to enforce their rights under sections 181.990 to 181.993, by any lawful means, for
participating in proceedings related to these sections, opposing any practice prescribed by
these sections, or otherwise asserting rights under these sections. This subdivision shall also
apply to any employee who mistakenly, but in good faith, alleges noncompliance with these
sections.
new text end

new text begin Subd. 4. new text end

new text begin Collective bargaining rights. new text end

new text begin (a) All of the provisions in sections 181.990 to
181.993 may be waived in a valid collective bargaining agreement, but only if the waiver
is explicitly set forth in that agreement in clear and unambiguous terms. Unilateral
implementation of terms and conditions of employment by either party to a collective
bargaining relationship shall not constitute or be permitted as a waiver of all or any part of
the provisions of sections 181.990 to 181.993.
new text end

new text begin (b) Nothing in sections 181.990 to 181.993 limits the right of employees to bargain
collectively with their employers through representatives of their own choosing to establish
retention or rehiring conditions more favorable to the employees than those required by
these sections.
new text end

Sec. 3.

new text begin [181.992] ENFORCEMENT AND RULEMAKING.
new text end

new text begin Subdivision 1. new text end

new text begin Enforcement. new text end

new text begin (a) An employee, including any eligible employee, may
file a complaint with the Department of Labor and Industry, Labor Standards and
Apprenticeship Division, against the employer, or in the case of a violation of section
181.991, subdivision 2, incumbent employer or the successor employer, for violations of
section 181.991, and may be awarded any or all of the following, as appropriate:
new text end

new text begin (1) hiring and reinstatement rights pursuant to section 181.991, with the 90-day transition
employment period not commencing until the eligible employee's employment
commencement date with the successor employer;
new text end

new text begin (2) front pay or back pay for each day during which the violation continues, which shall
be calculated at a rate of compensation not less than the highest of any of the following
rates:
new text end

new text begin (i) the average regular rate of pay received by the employee or eligible employee during
the last three years of that employee's employment in the same occupation classification;
new text end

new text begin (ii) the most recent regular rate received by the employee or eligible employee while
employed by the employer, incumbent employer, or successor employer; or
new text end

new text begin (iii) the regular rate received by the individual in the position during the time that the
employee or eligible employee should have been employed; or
new text end

new text begin (3) value of the benefits the employee or eligible employee would have received under
the employer or successor employer's benefit plan.
new text end

new text begin (b) The Labor Standards and Apprenticeship Division shall investigate complaints filed
under this section, and if an employer, incumbent employer, or successor employer is found
to have violated section 181.991, the division shall determine and issue an award to an
employee pursuant to paragraph (a).
new text end

new text begin (c) No criminal penalties shall be imposed for a violation of section 181.991.
new text end

new text begin (d) This subdivision shall not be construed to limit a discharged employee or eligible
employee's right to pursue any other remedies available to an employee in law or equity.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

new text begin The commissioner of labor and industry may adopt and enforce
rules and regulations, and issue determinations and interpretations, consistent with and
necessary for the implementation of sections 181.991 to 181.993. Those rules and regulations,
determinations, and interpretations shall have the force of law and may be relied upon by
employers, employees, and other persons to determine their rights and responsibilities under
these sections.
new text end

new text begin Subd. 3. new text end

new text begin Interaction with local law. new text end

new text begin Nothing in this section shall prohibit a local
government agency from enacting ordinances that impose greater standards than, or establish
additional enforcement provisions to, those prescribed by this section.
new text end

Sec. 4.

new text begin [181.993] CITATION.
new text end

new text begin Sections 181.990 to 181.993 may be cited as the "Emergency Rehire and Retention
Law."
new text end

Sec. 5. new text beginEFFECTIVE DATES.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment. On or before December
31, 2022, the commissioner of labor and industry shall report to the legislature on the
effectiveness of this chapter in promoting employment stability and shall advise the
legislature on the need for further action.
new text end

ARTICLE 4

ESSENTIAL WORKERS EMERGENCY LEAVE

Section 1. new text beginESSENTIAL WORKERS EMERGENCY LEAVE ACT.
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) "Child" has the meaning given in United States Code, title 29, section 2611(12).
new text end

new text begin (c) "Emergency paid sick leave" means paid leave time provided under this section for
a reason provided in subdivision 2.
new text end

new text begin (d) "Essential worker" means a person who performs services for hire for an employer
for one day or more, and who:
new text end

new text begin (1) qualifies for a Critical Sector exemption under paragraph 6 of Executive Order 20-48
or any amendments to or replacements thereof;
new text end

new text begin (2) is unable to work or telework due to a reason provided in subdivision 2; and
new text end

new text begin (3) is not receiving workers' compensation benefits, unemployment insurance benefits,
or other benefits under state law or federal law or an executive order related to COVID-19
that wholly compensates the employee for the period of time the employee is unable to
work or telework due to a reason provided in subdivision 2.
new text end

new text begin (e) "Employer" means a person who employs one or more essential workers, including
a corporation, partnership, limited liability company, association, group of persons, state,
county, town, city, school district, or governmental subdivision, that has elected to exclude
such employees from emergency paid sick leave under the federal Families First Coronavirus
Response Act, Public Law 116-127.
new text end

new text begin (f) "Health care provider" has the meaning given in Code of Federal Regulations, title
29, section 826.30(c).
new text end

new text begin (g) "Retaliatory personnel action" means any form of intimidation, threat, reprisal,
harassment, discrimination, or adverse employment action, including discipline, discharge,
suspension, transfer, or reassignment to a lesser position in terms of job classification, job
security, or other condition of employment; reduction in pay or hours or denial of additional
hours; the accumulation of points under an attendance point system; informing another
employer that the person has engaged in activities protected by this section; or reporting or
threatening to report the actual or suspected citizenship or immigration status of an employee,
former employee, or family member of an employee to a federal, state, or local agency.
new text end

new text begin Subd. 2. new text end

new text begin Emergency paid sick leave. new text end

new text begin An employer shall provide emergency paid sick
leave to an employee who is unable to work or telework due to any of the following reasons:
new text end

new text begin (1) the employee is subject to a federal, state, or local quarantine or isolation order related
to COVID-19;
new text end

new text begin (2) the employee has been advised by a health care provider to self-quarantine due to
concerns related to COVID-19;
new text end

new text begin (3) the employee is experiencing symptoms of COVID-19 and seeking a medical
diagnosis;
new text end

new text begin (4) the employee is caring for an individual who is subject to an order as described in
clause (1) or has been advised as described in clause (2);
new text end

new text begin (5) the employee is caring for a child of the employee if the school or place of care of
the child has been closed, or the child care provider of the child is unavailable due to
COVID-19 precautions; or
new text end

new text begin (6) the employee is experiencing any other substantially similar condition specified by
the secretary of the Department of Health and Human Services in consultation with the
secretary of the Department of the Treasury and the secretary of the Department of Labor.
new text end

new text begin Subd. 3. new text end

new text begin Duration and use of leave. new text end

new text begin (a) An employee shall be entitled to emergency
paid sick leave as provided under this section for the following number of hours:
new text end

new text begin (1) up to 100 hours for an employee who:
new text end

new text begin (i) the employer considers to work full time;
new text end

new text begin (ii) works or was scheduled to work on average what are considered full-time hours by
the employer, including pursuant to any applicable collective bargaining agreement; or
new text end

new text begin (iii) works or was scheduled to work at least 40 hours per week for the employer on
average over a two-week period;
new text end

new text begin (2) a number of hours equal to 1.25 times the number of hours that an employee works
for the employer on average over a two-week period for any employee who:
new text end

new text begin (i) the employer considers to work part time;
new text end

new text begin (ii) works or was scheduled to work on average what are considered part-time hours by
the employer, including pursuant to any applicable collective bargaining agreement; or
new text end

new text begin (iii) works or was scheduled to work fewer than 40 hours per week for the employer on
average over a two-week period; or
new text end

new text begin (3) 17.5 times the average number of hours an employee worked per day for the employer
for the previous six months, or for the entire period the employee has worked for the
employer, whichever is shorter, for an employee who works variable hours and who is not
covered by clause (1) or (2).
new text end

new text begin (b) Leave under this section shall be available for use by an employee for a reason listed
in subdivision 2 beginning the day following final enactment and may be used intermittently,
provided that any amount of leave taken under this section shall end with the employee's
next scheduled work shift immediately following the termination of the employee's need
for leave under a reason provided in subdivision 2.
new text end

new text begin (c) After the first workday or portion thereof that an employee receives leave under this
section, an employer may require the employee to follow reasonable notice procedures to
continue receiving leave.
new text end

new text begin (d) Leave under this section expires 30 days after a peacetime emergency declared by
the governor in an executive order that relates to the infectious disease known as COVID-19
is terminated or rescinded.
new text end

new text begin Subd. 4. new text end

new text begin Amount of compensation. new text end

new text begin (a) An employee shall receive compensation for
each hour of emergency paid sick leave received under this section in an amount that shall
be the greater of:
new text end

new text begin (1) the employee's regular rate of pay for the employee's last pay period, including
pursuant to any collective bargaining agreement that applies;
new text end

new text begin (2) the state minimum wage in effect under Minnesota Statutes, section 177.24; or
new text end

new text begin (3) the local minimum wage to which the employee is entitled, except that in no event
shall emergency paid sick time provided under this section exceed $6,388 in the aggregate.
new text end

new text begin (b) Unused or remaining leave under this section shall not carry over past the expiration
of this section.
new text end

new text begin (c) Nothing in this section shall be construed to require financial or other reimbursement
to an employee from an employer upon the employee's termination, resignation, retirement,
or other separation from employment for emergency paid sick time under this section that
has not been used by the employee.
new text end

new text begin Subd. 5. new text end

new text begin Relationship to other leave. new text end

new text begin (a) Except as provided in paragraph (c), emergency
paid sick leave under this section shall be in addition to any paid or unpaid leave provided
to an employee by an employer under a collective bargaining agreement, negotiated
agreement, contract, or any other employment policy.
new text end

new text begin (b) An employee may use leave provided under this section first, and except as provided
in paragraph (c), an employer shall not require an employee to use other paid or unpaid
leave provided by the employer before the employee uses the leave provided under this
section or in lieu of the leave provided under this section.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), if an employer has already provided an
employee with additional paid leave for any reason provided in subdivision 2, and the leave
is in addition to the regular amount of paid leave provided by the employer and would
compensate the employee in an amount equal to or greater than the amount of compensation
provided under this section, the employer may count the hours of other additional paid leave
toward the total number of hours of emergency paid sick leave required under this section.
new text end

new text begin (d) Nothing in this section shall be deemed:
new text end

new text begin (1) to limit the rights of a public employee or employer under any law, rule, regulation,
or collectively negotiated agreement, or the rights and benefits that accrue to employees
through collective bargaining agreements, or the rights of employees with respect to any
other employment benefits; or
new text end

new text begin (2) to prohibit any personnel action that otherwise would have been taken regardless of
a request to use, or use of, any leave provided by this section.
new text end

new text begin (e) Nothing in this section shall prevent an employer from providing, or the parties to a
collective bargaining agreement from agreeing to, leave benefits that meet or exceed and
do not otherwise conflict with the requirements for emergency paid sick leave under this
section.
new text end

new text begin Subd. 6. new text end

new text begin Requirements and enforcement. new text end

new text begin (a) An employer shall provide notice to
employees of the requirements for emergency paid sick leave provided under this section.
new text end

new text begin (b) An employer shall not take any retaliatory personnel action against an employee for
requesting or obtaining emergency paid sick leave under this section or for bringing a
complaint related to this section, including a proceeding that seeks enforcement of this
section.
new text end

new text begin (c) In addition to any remedies otherwise provided by law, an employee seeking redress
for a violation of this section may bring a civil action in district court to recover any damages
recoverable at law, together with costs and disbursements, including reasonable attorney
fees. An employer who violates this section may be liable for compensatory damages,
injunctive relief, or other equitable relief as determined by the district court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies retroactively to all employees covered by this section as of March 13, 2020, and
sunsets 30 days after a peacetime emergency declared by the governor in an executive order
that relates to the infectious disease known as COVID-19 is terminated or rescinded.
new text end