Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 583-H.F.No. 1915 
                  An act relating to employment; establishing a disaster 
                  volunteer leave program in the state civil service; 
                  amending Minnesota Statutes 1992, section 176.011, 
                  subdivision 9; proposing coding for new law in 
                  Minnesota Statutes, chapter 43A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [43A.185] [DISASTER VOLUNTEER LEAVE.] 
           Subdivision 1.  [LEAVE AUTHORIZED.] A state employee who is 
        a certified disaster service volunteer of the American Red Cross 
        may be granted leave from work with 50 percent of pay, not to 
        exceed 15 working days in each year, to participate in 
        specialized disaster relief services for the American Red 
        Cross.  The employee must be released from work for this 
        function upon the request of the American Red Cross for the 
        services of that employee, and upon the approval of that 
        employee's appointing authority.  The appointing authority shall 
        compensate the employee granted leave under this section at 50 
        percent of the employee's regular rate of pay for those regular 
        hours during which the employee is absent from work.  This 
        leave, if granted by the appointing authority, may not affect 
        the employee's vacation leave, pension, compensatory time, 
        personal vacation days, sick leave, earned overtime 
        accumulation, or cause a loss of seniority. 
           Subd. 2.  [LIABILITY.] The state is not liable for workers' 
        compensation claims arising from accident or injury while a 
        state employee is on assignment as a certified disaster service 
        volunteer for the American Red Cross.  Duties performed while on 
        disaster leave are not considered to be a work assignment by a 
        state agency.  The employee is granted leave based on the need 
        for expertise in the employee's certified area.  Job functions, 
        although similar or related to the employee's state job 
        functions, are performed on behalf of and for the benefit of the 
        American Red Cross. 
           Sec. 2.  Minnesota Statutes 1992, section 176.011, 
        subdivision 9, is amended to read: 
           Subd. 9.  [EMPLOYEE.] "Employee" means any person who 
        performs services for another for hire including the following: 
           (1) an alien; 
           (2) a minor; 
           (3) a sheriff, deputy sheriff, constable, marshal, police 
        officer, firefighter, county highway engineer, and peace officer 
        while engaged in the enforcement of peace or in the pursuit or 
        capture of a person charged with or suspected of crime; 
           (4) a person requested or commanded to aid an officer in 
        arresting or retaking a person who has escaped from lawful 
        custody, or in executing legal process, in which cases, for 
        purposes of calculating compensation under this chapter, the 
        daily wage of the person shall be the prevailing wage for 
        similar services performed by paid employees; 
           (5) a county assessor; 
           (6) an elected or appointed official of the state, or of a 
        county, city, town, school district, or governmental subdivision 
        in the state.  An officer of a political subdivision elected or 
        appointed for a regular term of office, or to complete the 
        unexpired portion of a regular term, shall be included only 
        after the governing body of the political subdivision has 
        adopted an ordinance or resolution to that effect; 
           (7) an executive officer of a corporation, except those 
        executive officers excluded by section 176.041; 
           (8) a voluntary uncompensated worker, other than an inmate, 
        rendering services in state institutions under the commissioners 
        of human services and corrections similar to those of officers 
        and employees of the institutions, and whose services have been 
        accepted or contracted for by the commissioner of human services 
        or corrections as authorized by law.  In the event of injury or 
        death of the worker, the daily wage of the worker, for the 
        purpose of calculating compensation under this chapter, shall be 
        the usual wage paid at the time of the injury or death for 
        similar services in institutions where the services are 
        performed by paid employees; 
           (9) a voluntary uncompensated worker engaged in peace time 
        in the civil defense program when ordered to training or other 
        duty by the state or any political subdivision of it.  The daily 
        wage of the worker, for the purpose of calculating compensation 
        under this chapter, shall be the usual wage paid at the time of 
        the injury or death for similar services performed by paid 
        employees; 
           (10) a voluntary uncompensated worker participating in a 
        program established by a county welfare board.  In the event of 
        injury or death of the worker, the wage of the worker, for the 
        purpose of calculating compensation under this chapter, shall be 
        the usual wage paid in the county at the time of the injury or 
        death for similar services performed by paid employees working a 
        normal day and week; 
           (11) a voluntary uncompensated worker accepted by the 
        commissioner of natural resources who is rendering services as a 
        volunteer pursuant to section 84.089.  The daily wage of the 
        worker for the purpose of calculating compensation under this 
        chapter, shall be the usual wage paid at the time of injury or 
        death for similar services performed by paid employees; 
           (12) a voluntary uncompensated worker in the building and 
        construction industry who renders services for joint 
        labor-management nonprofit community service projects.  The 
        daily wage of the worker for the purpose of calculating 
        compensation under this chapter shall be the usual wage paid at 
        the time of injury or death for similar services performed by 
        paid employees; 
           (13) a member of the military forces, as defined in section 
        190.05, while in state active service, as defined in section 
        190.05, subdivision 5a.  The daily wage of the member for the 
        purpose of calculating compensation under this chapter shall be 
        based on the member's usual earnings in civil life.  If there is 
        no evidence of previous occupation or earning, the trier of fact 
        shall consider the member's earnings as a member of the military 
        forces; 
           (14) a voluntary uncompensated worker, accepted by the 
        director of the Minnesota historical society, rendering services 
        as a volunteer, pursuant to chapter 138.  The daily wage of the 
        worker, for the purposes of calculating compensation under this 
        chapter, shall be the usual wage paid at the time of injury or 
        death for similar services performed by paid employees; 
           (15) a voluntary uncompensated worker, other than a 
        student, who renders services at the Minnesota state academy for 
        the deaf or the Minnesota state academy for the blind, and whose 
        services have been accepted or contracted for by the state board 
        of education, as authorized by law.  In the event of injury or 
        death of the worker, the daily wage of the worker, for the 
        purpose of calculating compensation under this chapter, shall be 
        the usual wage paid at the time of the injury or death for 
        similar services performed in institutions by paid employees; 
           (16) a voluntary uncompensated worker, other than a 
        resident of the veterans home, who renders services at a 
        Minnesota veterans home, and whose services have been accepted 
        or contracted for by the commissioner of veterans affairs, as 
        authorized by law.  In the event of injury or death of the 
        worker, the daily wage of the worker, for the purpose of 
        calculating compensation under this chapter, shall be the usual 
        wage paid at the time of the injury or death for similar 
        services performed in institutions by paid employees; 
           (17) a worker who renders in-home attendant care services 
        to a physically handicapped person, and who is paid directly by 
        the commissioner of human services for these services, shall be 
        an employee of the state within the meaning of this subdivision, 
        but for no other purpose; 
           (18) students enrolled in and regularly attending the 
        medical school of the University of Minnesota in the graduate 
        school program or the postgraduate program.  The students shall 
        not be considered employees for any other purpose.  In the event 
        of the student's injury or death, the weekly wage of the student 
        for the purpose of calculating compensation under this chapter, 
        shall be the annualized educational stipend awarded to the 
        student, divided by 52 weeks.  The institution in which the 
        student is enrolled shall be considered the "employer" for the 
        limited purpose of determining responsibility for paying 
        benefits under this chapter; 
           (19) a faculty member of the University of Minnesota 
        employed for an academic year is also an employee for the period 
        between that academic year and the succeeding academic year if: 
           (a) the member has a contract or reasonable assurance of a 
        contract from the University of Minnesota for the succeeding 
        academic year; and 
           (b) the personal injury for which compensation is sought 
        arises out of and in the course of activities related to the 
        faculty member's employment by the University of Minnesota; 
           (20) a worker who performs volunteer ambulance driver or 
        attendant services is an employee of the political subdivision, 
        nonprofit hospital, nonprofit corporation, or other entity for 
        which the worker performs the services.  The daily wage of the 
        worker for the purpose of calculating compensation under this 
        chapter shall be the usual wage paid at the time of injury or 
        death for similar services performed by paid employees; 
           (21) a voluntary uncompensated worker, accepted by the 
        commissioner of administration, rendering services as a 
        volunteer at the department of administration.  In the event of 
        injury or death of the worker, the daily wage of the worker, for 
        the purpose of calculating compensation under this chapter, 
        shall be the usual wage paid at the time of the injury or death 
        for similar services performed in institutions by paid 
        employees; 
           (22) a voluntary uncompensated worker rendering service 
        directly to the pollution control agency.  The daily wage of the 
        worker for the purpose of calculating compensation payable under 
        this chapter is the usual going wage paid at the time of injury 
        or death for similar services if the services are performed by 
        paid employees; and 
           (23) a voluntary uncompensated worker while volunteering 
        services as a first responder or as a member of a law 
        enforcement assistance organization while acting under the 
        supervision and authority of a political subdivision.  The daily 
        wage of the worker for the purpose of calculating compensation 
        payable under this chapter is the usual going wage paid at the 
        time of injury or death for similar services if the services are 
        performed by paid employees; and 
           (24) a voluntary uncompensated member of the civil air 
        patrol rendering service on the request and under the authority 
        of the state or any of its political subdivisions.  The daily 
        wage of the member for the purposes of calculating compensation 
        payable under this chapter is the usual going wage paid at the 
        time of injury or death for similar services if the services are 
        performed by paid employees. 
           If it is difficult to determine the daily wage as provided 
        in this subdivision, the trier of fact may determine the wage 
        upon which the compensation is payable. 
           Presented to the governor May 4, 1994 
           Signed by the governor May 6, 1994, 11:35 a.m.