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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 281-H.F.No. 1170 
           An act relating to state government; prohibiting 
          certain mandated leaves of absence for state employees;
          amending Minnesota Statutes 1986, section 43A.32, 
          subdivision 2, and by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 43A.32, 
subdivision 2, is amended to read: 
    Subd. 2.  [LEAVES OF ABSENCE FOR ELECTED PUBLIC OFFICIALS, 
CANDIDATES.] Except as herein provided any officer or employee 
in the classified service shall:  
    (a) Take leave of absence upon assuming an elected federal 
or state public office, including elected state legislative 
office or an elected state office other than state legislative 
office or, if elected to state legislative office, during times 
that the legislature is in session;  
    (b) Take leave of absence upon assuming any elected public 
office other than enumerated in clause (a), if, in the opinion 
of the commissioner, the holding of the office conflicts with 
regular state employment; and 
    (c) Upon request, be granted leave of absence upon becoming 
a candidate, or during the course of candidacy, for any elected 
public office; and 
    (d) Take leave of absence upon becoming a candidate, or 
during the course of candidacy, for any elected public office 
if, in the opinion of the commissioner, the candidacy conflicts 
with regular state employment.  
    All requests for opinions of the commissioner and all 
opinions from the commissioner under the provisions of clauses 
clause (b) and (d) shall be in writing and shall be delivered by 
certified mail.  
    The commissioner shall issue an opinion under the 
provisions of clauses clause (b) and (d) within seven calendar 
days of receipt of the request. 
    Sec. 2.  Minnesota Statutes 1986, section 43A.32, is 
amended by adding a subdivision to read: 
    Subd. 3.  [LEAVE OF ABSENCE.] No executive branch officer 
or employee in the unclassified service who is covered by a 
collective bargaining agreement, and no executive branch officer 
or employee in the classified service, may be required to take a 
leave of absence upon becoming a candidate, or during the course 
of candidacy, for any elected public office.  Said officers and 
employees shall take leave of absence upon assuming an elected 
federal office or an elected state office other than state 
legislative office or, if elected to state legislative office, 
during times that the legislature is in session. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective July 1, 1987. 
    Approved May 28, 1987