SF 134

as introduced - 87th Legislature (2011 - 2012) Posted on 03/13/2012 10:26am

A bill for an act
relating to employment; modifying definition of public employee; amending
Minnesota Statutes 2010, section 179A.03, subdivision 14.

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

Section 1.

Minnesota Statutes 2010, section 179A.03, subdivision 14, is amended to
read:

Subd. 14.

Public employee or employee.

"Public employee" or "employee" means
any person appointed or employed by a public employer except:

(a) elected public officials;

(b) election officers;

(c) commissioned or enlisted personnel of the Minnesota National Guard;

(d) emergency employees who are employed for emergency work caused by natural
disaster;

(e) part-time employees whose service does not exceed the lesser of 14 hours per
week or 35 percent of the normal work week in the employee's appropriate unit;

(f) employees whose positions are basically temporary or seasonal in character and:
(1) are not for more than 67 working days in any calendar year; or (2) are not for more
than 100 working days in any calendar year and the employees deleted text begin are under the age of 22, deleted text end are
full-time students enrolled in a nonprofit or public educational institution prior to being
hired by the employer, and have indicated, either in an application for employment or by
being enrolled at an educational institution for the next academic year or term, an intention
to continue as students during or after their temporary employment;

(g) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

(h) employees of charitable hospitals as defined by section 179.35, subdivision 3;

(i) full-time undergraduate students employed by the school which they attend under
a work-study program or in connection with the receipt of financial aid, irrespective
of number of hours of service per week;

(j) an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;

(k) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities to teach one course for three or fewer credits for one semester in a year;

(l) with respect to court employees:

(1) personal secretaries to judges;

(2) law clerks;

(3) managerial employees;

(4) confidential employees; and

(5) supervisory employees;

(m) with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

The following individuals are public employees regardless of the exclusions of
clauses (e) and (f):

(i) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community
education instruction offered on a noncredit basis: (A) to replace an absent teacher or
faculty member who is a public employee, where the replacement employee is employed
more than 30 working days as a replacement for that teacher or faculty member; or (B)
to take a teaching position created due to increased enrollment, curriculum expansion,
courses which are a part of the curriculum whether offered annually or not, or other
appropriate reasons;

(ii) an employee hired for a position under clause (f)(1) if that same position has
already been filled under clause (f)(1) in the same calendar year and the cumulative
number of days worked in that same position by all employees exceeds 67 calendar days
in that year. For the purpose of this paragraph, "same position" includes a substantially
equivalent position if it is not the same position solely due to a change in the classification
or title of the position; and

(iii) an early childhood family education teacher employed by a school district.