Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 438-H.F.No. 2142 
           An act relating to employment; leaves of absence; 
          assigning duties to the division of labor standards; 
          modifying provisions relating to school conference 
          leave for employees with children; amending Minnesota 
          Statutes 1990, sections 177.26, subdivision 2; and 
          181.9412; proposing coding for new law in Minnesota 
          Statutes, chapter 181. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 177.26, 
subdivision 2, is amended to read: 
    Subd. 2.  [POWERS AND DUTIES.] The powers, duties, and 
functions given to the department's division of women and 
children by this chapter, and other applicable laws relating to 
wages, hours, and working conditions, are transferred to the 
division of labor standards.  The division of labor standards 
shall administer sections 177.21 to 177.35 and chapter 184.  The 
division shall perform duties under sections 181.9435 and 
181.9436. 
    Sec. 2.  Minnesota Statutes 1990, section 181.9412, is 
amended to read: 
    181.9412 [SCHOOL CONFERENCE AND ACTIVITIES LEAVE.] 
    (a) An employer must grant an employee leave of up to a 
total of 16 hours during any school year 12-month period to 
attend school conferences or classroom activities related to the 
employee's child, provided the conferences or classroom 
activities cannot be scheduled during nonwork hours.  If the 
employee's child receives child care services as defined in 
section 256H.01, subdivision 2, or attends a prekindergarten 
regular or special education program, the employee may use the 
leave time provided in this section to attend a conference or 
activity related to the employee's child, or to observe and 
monitor the services or program, provided the conference, 
activity, or observation cannot be scheduled during nonwork 
hours.  When the leave cannot be scheduled during nonwork hours 
and the need for the leave is foreseeable, the employee must 
provide reasonable prior notice of the leave and make a 
reasonable effort to schedule the leave so as not to disrupt 
unduly the operations of the employer. 
    (b) Nothing in this section requires that the leave be 
paid; except that, an employee may substitute any accrued paid 
vacation leave or other appropriate paid leave for any part of 
the leave under this section.  
    Sec. 3.  [181.9435] [DIVISION; INVESTIGATIONS, REPORTS.] 
    Subdivision 1.  [INVESTIGATION.] The division of labor 
standards shall receive complaints of employees against 
employers relating to sections 181.940 to 181.9436 and 
investigate informally whether an employer may be in violation 
of sections 181.940 to 181.9436.  The division shall attempt to 
resolve employee complaints by informing employees and employers 
of the provisions of the law and directing employers to comply 
with the law. 
    Subd. 2.  [REPORT.] The division shall report to the 
legislature annually on the type and number of employee 
complaints under subdivision 1, the rate of resolution of 
complaints, and the rate of repeat complaints against employers. 
    Sec. 4.  [181.9436] [POSTING OF LAW.] 
    The division of labor standards shall develop, with the 
assistance of interested business and community organizations, 
an educational poster stating employees' rights under sections 
181.940 to 181.9436.  The department shall make the poster 
available, upon request, to employers for posting on the 
employer's premises. 
    Presented to the governor April 6, 1992 
    Signed by the governor April 8, 1992, 5:17 p.m.