Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 359-H.F.No. 234 
           An act relating to employment; establishing unpaid 
          leave of absences for new parents; setting conditions 
          on return from leave; creating a cause of action; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 181. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [181.940] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purposes of sections 1 to 
5, the following terms have the meanings given to them in this 
section. 
    Subd. 2.  [EMPLOYEE.] "Employee" means a person who 
performs services for hire for an employer, for an average of 20 
or more hours per week, and includes all individuals employed at 
any site owned or operated by an employer.  Employee does not 
include an independent contractor. 
    Subd. 3.  [EMPLOYER.] "Employer" means a person or entity 
that employs 21 or more employees at at least one site and 
includes an individual, corporation, partnership, association, 
nonprofit organization, group of persons, state, county, town, 
city, school district, or other governmental subdivision.  
    Sec. 2.  [181.941] [PARENTING LEAVE.] 
    Subdivision 1.  [SIX-WEEK LEAVE; BIRTH OR ADOPTION.] An 
employer must grant an unpaid leave of absence to an employee 
who has been employed by the employer for at least 12 months and 
who is a natural or adoptive parent in conjunction with the 
birth or adoption of a child.  The length of the leave shall be 
determined by the employee, but may not exceed six weeks, unless 
agreed to by the employer. 
    Subd. 2.  [START OF LEAVE.] The leave shall begin at a time 
requested by the employee.  The employer may adopt reasonable 
policies governing the timing of requests for unpaid leave.  The 
leave may begin not more than six weeks after the birth or 
adoption. 
    Subd. 3.  [NO EMPLOYER RETRIBUTION.] An employer shall not 
retaliate against an employee for requesting or obtaining a 
leave of absence as provided by this section. 
    Subd. 4.  [CONTINUED INSURANCE.] The employer shall 
continue to make coverage available to the employee, while on 
leave of absence, under any group insurance policy, group 
subscriber contract, or health care plan for the employee and 
any dependents.  Nothing in this section requires the employer 
to pay the costs of the insurance or health care while the 
employee is on leave of absence. 
    Sec. 3.  [181.942] [REINSTATEMENT AFTER LEAVE.] 
    Subdivision 1.  [COMPARABLE POSITION.] An employee 
returning from a leave of absence shall be entitled to return to 
employment in the employee's former position or in a position of 
comparable duties, number of hours, and pay.  An employee 
returning from a leave of absence longer than one month must 
notify a supervisor at least two weeks prior to return from 
leave. 
    If, during the leave, the employer experiences a layoff and 
the employee would have lost a position had the employee not 
been on leave, pursuant to the good faith operation of a bona 
fide layoff and recall system, including a system under a 
collective bargaining agreement, the employee is not entitled to 
reinstatement in the former or comparable position.  In such 
circumstances, the employee retains all rights under the layoff 
and recall system, including a system under a collective 
bargaining agreement, as if the employee had not taken the leave.
    Subd. 2.  [PAY; BENEFITS; ON RETURN.] An employee returning 
from a leave of absence shall return to work at the same rate of 
pay the employee had been receiving when the leave commenced, 
plus any automatic adjustments in the employee's pay scale that 
occurred during leave period.  The employee returning from a 
leave shall retain all accrued preleave benefits of employment 
and seniority, as if there had been no interruption in service; 
provided that nothing in sections 1 to 4 prevents the accrual of 
benefits or seniority during the leave pursuant to a collective 
bargaining or other agreement between the employer and employees.
    Subd. 3.  [PART-TIME RETURN.] An employee, by agreement 
with the employer, may return to work part time during the leave 
period without forfeiting the right to return to employment at 
the end of the leave period, as provided in sections 1 to 4. 
    Sec. 4.  [181.943] [RELATIONSHIP TO OTHER LEAVE.] 
    The length of leave provided by this act may be reduced by 
any period of paid parental or disability leave provided by the 
employer, so that the total leave does not exceed six weeks, 
unless agreed to by the employer. 
    Nothing in sections 1 to 4 prevents any employer from 
providing parental leave benefits in addition to those provided 
in sections 1 to 4 or otherwise affects an employee's rights 
with respect to any other employment benefit.  
    Sec. 5.  [181.944] [INDIVIDUAL REMEDIES.] 
    In addition to any remedies otherwise provided by law, any 
person injured by a violation of sections 1 to 4 may bring a 
civil action to recover any and all damages recoverable at law, 
together with costs and disbursements, including reasonable 
attorney's fees, and may receive injunctive and other equitable 
relief as determined by a court. 
    Approved June 2, 1987