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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1991 

                        CHAPTER 308-H.F.No. 202 
           An act relating to public employees; providing for a 
          leave of absence from public office or to employment 
          without pay for certain elected officials; defining 
          the term "employee" for the purpose of the public 
          employees labor relations act; amending Minnesota 
          Statutes 1990, sections 3.088, subdivision 1; and 
          179A.03, subdivision 14. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 3.088, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LEAVE OF ABSENCE WITHOUT PAY.] Subject to 
this section, any appointed officer or employee of a political 
subdivision, municipal corporation, or school district of the 
state or an institution of learning maintained by the state who 
serves as a legislator during a session or is elected to a 
full-time city or county office in Minnesota is entitled to a 
leave of absence from the public office or to employment without 
pay during any part or all of the service when on the business 
of the office, with right of reinstatement as provided in this 
section. 
    Sec. 2.  Minnesota Statutes 1990, section 179A.03, 
subdivision 14, is amended to read: 
    Subd. 14.  [PUBLIC 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 are under 
the age of 22, 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 state university board or the 
community college board under the terms of a professional or 
technical services contract as defined in section 16B.17, 
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 a school district, the community 
college board, or the state university board, to teach one 
course for up to four credits for one quarter in a year.  
    The following individuals are public employees regardless 
of the exclusions of clauses (e) and (f):  
    (1) An employee hired by a school district, the community 
college board, or the state university board, except at the 
university established in section 136.017 or for community 
services or community education instruction offered on a 
noncredit basis: (1) (i) 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 (2) (ii) 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; and 
    (2) 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. 
     Presented to the governor May 30, 1991 
     Became law without the governor's signature June 4, 1991