1.1 	A bill for an act
1.2 	relating to education; modifying provisions for paraprofessionals; appropriating 
1.3 	money;amending Minnesota Statutes 2018, sections 13.719, by adding a 
1.4 	subdivision; 125A.08; 177.27, subdivision 4; 179A.07, subdivision 3; 256J.561, 
1.5 	by adding a subdivision; 256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 
1.6 	268.19, subdivision 1; Minnesota Statutes 2019 Supplement, section 181.032; 
1.7 	proposing coding for new law as Minnesota Statutes, chapter 268B.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2018, section 13.719, is amended by adding a subdivision 
1.10 	to read:
1.11 		Subd. 7.Family and medical insurance data. (a) For the purposes of this subdivision, 
1.12 	the terms used have the meanings given them in section 268B.01.
1.13 	(b) Data on applicants, family members, or employers under chapter 268B are private 
1.14 	or nonpublic data, provided that the department may share data collected from applicants 
1.15 	with employers or health care providers to the extent necessary to meet the requirements 
1.16 	of chapter 268B or other applicable law.
1.17 	(c) The department and the Department of Labor and Industry may share data classified 
1.18 	under paragraph (b) to the extent necessary to meet the requirements of chapter 268B or 
1.19 	the Department of Labor and Industry's enforcement authority over chapter 268B, as provided 
1.20 	in section 177.27.

1.21 	EFFECTIVE DATE. This section is effective July 1, 2020.

2.1 	Sec. 2. Minnesota Statutes 2018, section 125A.08, is amended to read:
2.2 	125A.08 INDIVIDUALIZED EDUCATION PROGRAMS.
2.3 	(a) At the beginning of each school year, each school district shall have in effect, for 
2.4 	each child with a disability, an individualized education program.
2.5 	(b) As defined in this section, every district must ensure the following:
2.6 	(1) all students with disabilities are provided the special instruction and services which 
2.7 	are appropriate to their needs. Where the individualized education program team has 
2.8 	determined appropriate goals and objectives based on the student's needs, including the 
2.9 	extent to which the student can be included in the least restrictive environment, and where 
2.10 	there are essentially equivalent and effective instruction, related services, or assistive 
2.11 	technology devices available to meet the student's needs, cost to the district may be among 
2.12 	the factors considered by the team in choosing how to provide the appropriate services, 
2.13 	instruction, or devices that are to be made part of the student's individualized education 
2.14 	program. The individualized education program team shall consider and may authorize 
2.15 	services covered by medical assistance according to section 256B.0625, subdivision 26. 
2.16 	Before a school district evaluation team makes a determination of other health disability 
2.17 	under Minnesota Rules, part 3525.1335, subparts 1 and 2, item A, subitem (1), the evaluation 
2.18 	team must seek written documentation of the student's medically diagnosed chronic or acute 
2.19 	health condition signed by a licensed physician or a licensed health care provider acting 
2.20 	within the scope of the provider's practice. The student's needs and the special education 
2.21 	instruction and services to be provided must be agreed upon through the development of 
2.22 	an individualized education program. The program must address the student's need to develop 
2.23 	skills to live and work as independently as possible within the community. The individualized 
2.24 	education program team must consider positive behavioral interventions, strategies, and 
2.25 	supports that address behavior needs for children. During grade 9, the program must address 
2.26 	the student's needs for transition from secondary services to postsecondary education and 
2.27 	training, employment, community participation, recreation, and leisure and home living. In 
2.28 	developing the program, districts must inform parents of the full range of transitional goals 
2.29 	and related services that should be considered. The program must include a statement of 
2.30 	the needed transition services, including a statement of the interagency responsibilities or 
2.31 	linkages or both before secondary services are concluded. If the individualized education 
2.32 	program meets the plan components in section 120B.125, the individualized education 
2.33 	program satisfies the requirement and no additional transition plan is needed;
3.1 	(2) children with a disability under age five and their families are provided special 
3.2 	instruction and services appropriate to the child's level of functioning and needs;
3.3 	(3) children with a disability and their parents or guardians are guaranteed procedural 
3.4 	safeguards and the right to participate in decisions involving identification, assessment 
3.5 	including assistive technology assessment, and educational placement of children with a 
3.6 	disability;
3.7 	(4) eligibility and needs of children with a disability are determined by an initial 
3.8 	evaluation or reevaluation, which may be completed using existing data under United States 
3.9 	Code, title 20, section 33, et seq.;
3.10 	(5) to the maximum extent appropriate, children with a disability, including those in 
3.11 	public or private institutions or other care facilities, are educated with children who are not 
3.12 	disabled, and that special classes, separate schooling, or other removal of children with a 
3.13 	disability from the regular educational environment occurs only when and to the extent that 
3.14 	the nature or severity of the disability is such that education in regular classes with the use 
3.15 	of supplementary services cannot be achieved satisfactorily;
3.16 	(6) in accordance with recognized professional standards, testing and evaluation materials, 
3.17 	and procedures used for the purposes of classification and placement of children with a 
3.18 	disability are selected and administered so as not to be racially or culturally discriminatory; 
3.19 	and
3.20 	(7) the rights of the child are protected when the parents or guardians are not known or 
3.21 	not available, or the child is a ward of the state.
3.22 	(c) For all paraprofessionals employed to work in programs whose role in part is to 
3.23 	provide direct support to students with disabilities, the school board in each district shall 
3.24 	ensure that:
3.25 	(1) before or beginning at the time of employment, each paraprofessional must develop 
3.26 	sufficient knowledge and skills in emergency procedures, building orientation, roles and 
3.27 	responsibilities, confidentiality, vulnerability, and reportability, among other things, to begin 
3.28 	meeting the needs, especially disability-specific and behavioral needs, of the students with 
3.29 	whom the paraprofessional works;
3.30 	(2) before beginning work with an individual student with a disability, each 
3.31 	paraprofessional must be given paid time to review a student's individualized education 
3.32 	program and paid time to collaborate with a student's case manager regarding the plan;
4.1 	~~(2)~~ (3) annual training opportunities are required to enable the paraprofessional to 
4.2 	continue to further develop the knowledge and skills that are specific to the students with 
4.3 	whom the paraprofessional works, including understanding disabilities, the unique and 
4.4 	individual needs of each student according to the student's disability and how the disability 
4.5 	affects the student's education and behavior, following lesson plans, and implementing 
4.6 	follow-up instructional procedures and activities; ~~and~~
4.7 	(4) a minimum of 16 hours of paid orientation or professional development must be 
4.8 	provided annually to all paraprofessionals, Title I aides, and other instructional support 
4.9 	staff. The orientation or professional development must be relevant to the employee's 
4.10 	occupation and may include collaboration time with classroom teachers and planning for 
4.11 	the school year. For paraprofessionals who provide direct support to students, at least 50 
4.12 	percent of the professional development or orientation must be dedicated to meeting the 
4.13 	requirements of this section. Professional development for paraprofessionals may also 
4.14 	address the requirements of section 120B.363, subdivision 3. A school administrator must 
4.15 	provide an annual certification of compliance with this requirement to the commissioner; 
4.16 	and
4.17 	~~(3)~~ (5) a districtwide process obligates each paraprofessional to work under the ongoing 
4.18 	direction of a licensed teacher and, where appropriate and possible, the supervision of a 
4.19 	school nurse.

4.20 	Sec. 3. Minnesota Statutes 2018, section 177.27, subdivision 4, is amended to read:
4.21 		Subd. 4.Compliance orders. The commissioner may issue an order requiring an 
4.22 	employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 
4.23 	181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, 
4.24 	subdivision 2a, 181.722, 181.79, ~~and~~ 181.939 to 181.943, 268B.09, subdivisions 1 to 6, and 
4.25 	268B.12, subdivision 2, or with any rule promulgated under section 177.28. The 
4.26 	commissioner shall issue an order requiring an employer to comply with sections 177.41 
4.27 	to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is 
4.28 	repeated if at any time during the two years that preceded the date of violation, the 
4.29 	commissioner issued an order to the employer for violation of sections 177.41 to 177.435 
4.30 	and the order is final or the commissioner and the employer have entered into a settlement 
4.31 	agreement that required the employer to pay back wages that were required by sections 
4.32 	177.41 to 177.435. The department shall serve the order upon the employer or the employer's 
4.33 	authorized representative in person or by certified mail at the employer's place of business. 
4.34 	An employer who wishes to contest the order must file written notice of objection to the 
5.1 	order with the commissioner within 15 calendar days after being served with the order. A 
5.2 	contested case proceeding must then be held in accordance with sections 14.57 to 14.69. 
5.3 	If, within 15 calendar days after being served with the order, the employer fails to file a 
5.4 	written notice of objection with the commissioner, the order becomes a final order of the 
5.5 	commissioner.

5.6 	EFFECTIVE DATE. This section is effective July 1, 2020.

5.7 	Sec. 4. Minnesota Statutes 2018, section 179A.07, subdivision 3, is amended to read:
5.8 		Subd. 3.Meet and confer. A public employer has the obligation to meet and confer, 
5.9 	under section 179A.08, with ~~professional~~ employees to discuss policies and other matters 
5.10 	relating to their employment which are not terms and conditions of employment.

5.11 	Sec. 5. Minnesota Statutes 2019 Supplement, section 181.032, is amended to read:
5.12 	181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE 
5.13 	TO EMPLOYEE.
5.14 	(a) At the end of each pay period, the employer shall provide each employee an earnings 
5.15 	statement, either in writing or by electronic means, covering that pay period. An employer 
5.16 	who chooses to provide an earnings statement by electronic means must provide employee 
5.17 	access to an employer-owned computer during an employee's regular working hours to 
5.18 	review and print earnings statements, and must make statements available for review or 
5.19 	printing for a period of at least 12 months.
5.20 	(b) The earnings statement may be in any form determined by the employer but must 
5.21 	include:
5.22 	(1) the name of the employee;
5.23 	(2) the rate or rates of pay and basis thereof, including whether the employee is paid by 
5.24 	hour, shift, day, week, salary, piece, commission, or other method;
5.25 	(3) allowances, if any, claimed pursuant to permitted meals and lodging;
5.26 	(4) the total number of hours worked by the employee unless exempt from chapter 177;
5.27 	(5) the total amount of gross pay earned by the employee during that period;
5.28 	(6) a list of deductions made from the employee's pay;
6.1 	(7) any amount deducted by the employer under section 268B.12, subdivision 2, and 
6.2 	the amount paid by the employer based on the employee's wages under section 268B.12, 
6.3 	subdivision 1;
6.4 	~~(7)~~ (8) the net amount of pay after all deductions are made;
6.5 	~~(8)~~ (9) the date on which the pay period ends;
6.6 	~~(9)~~ (10) the legal name of the employer and the operating name of the employer if 
6.7 	different from the legal name;
6.8 	~~(10)~~ (11) the physical address of the employer's main office or principal place of business, 
6.9 	and a mailing address if different; and
6.10 	~~(11)~~ (12) the telephone number of the employer.
6.11 	(c) An employer must provide earnings statements to an employee in writing, rather 
6.12 	than by electronic means, if the employer has received at least 24 hours notice from an 
6.13 	employee that the employee would like to receive earnings statements in written form. Once 
6.14 	an employer has received notice from an employee that the employee would like to receive 
6.15 	earnings statements in written form, the employer must comply with that request on an 
6.16 	ongoing basis.
6.17 	(d) At the start of employment, an employer shall provide each employee a written notice 
6.18 	containing the following information:
6.19 	(1) the rate or rates of pay and basis thereof, including whether the employee is paid by 
6.20 	the hour, shift, day, week, salary, piece, commission, or other method, and the specific 
6.21 	application of any additional rates;
6.22 	(2) allowances, if any, claimed pursuant to permitted meals and lodging;
6.23 	(3) paid vacation, sick time, or other paid time-off accruals and terms of use;
6.24 	(4) the employee's employment status and whether the employee is exempt from minimum 
6.25 	wage, overtime, and other provisions of chapter 177, and on what basis;
6.26 	(5) a list of deductions that may be made from the employee's pay;
6.27 	(6) the number of days in the pay period, the regularly scheduled pay day, and the pay 
6.28 	day on which the employee will receive the first payment of wages earned;
6.29 	(7) the legal name of the employer and the operating name of the employer if different 
6.30 	from the legal name;
7.1 	(8) the physical address of the employer's main office or principal place of business, and 
7.2 	a mailing address if different; and
7.3 	(9) the telephone number of the employer.
7.4 	(e) The employer must keep a copy of the notice under paragraph (d) signed by each 
7.5 	employee acknowledging receipt of the notice. The notice must be provided to each employee 
7.6 	in English. The English version of the notice must include text provided by the commissioner 
7.7 	that informs employees that they may request, by indicating on the form, the notice be 
7.8 	provided in a particular language. If requested, the employer shall provide the notice in the 
7.9 	language requested by the employee. The commissioner shall make available to employers 
7.10 	the text to be included in the English version of the notice required by this section and assist 
7.11 	employers with translation of the notice in the languages requested by their employees.
7.12 	(f) An employer must provide the employee any written changes to the information 
7.13 	contained in the notice under paragraph (d) prior to the date the changes take effect.

7.14 	EFFECTIVE DATE. This section is effective January 1, 2022.

7.15 	Sec. 6. Minnesota Statutes 2018, section 256J.561, is amended by adding a subdivision 
7.16 	to read:
7.17 		Subd. 4.Parents receiving family and medical leave benefits. A parent who meets 
7.18 	the criteria under subdivision 2 and who receives benefits under chapter 268B is not required 
7.19 	to participate in employment services.

7.20 	EFFECTIVE DATE. This section is effective July 1, 2023.

7.21 	Sec. 7. Minnesota Statutes 2018, section 256J.95, subdivision 3, is amended to read:
7.22 		Subd. 3.Eligibility for diversionary work program. (a) Except for the categories of 
7.23 	family units listed in clauses (1) to (8), all family units who apply for cash benefits and who 
7.24 	meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must 
7.25 	participate in the diversionary work program. Family units or individuals that are not eligible 
7.26 	for the diversionary work program include:
7.27 	(1) child only cases;
7.28 	(2) single-parent family units that include a child under 12 months of age. A parent is 
7.29 	eligible for this exception once in a parent's lifetime;
7.30 	(3) family units with a minor parent without a high school diploma or its equivalent;
8.1 	(4) family units with an 18- or 19-year-old caregiver without a high school diploma or 
8.2 	its equivalent who chooses to have an employment plan with an education option;
8.3 	(5) family units with a caregiver who received DWP benefits within the 12 months prior 
8.4 	to the month the family applied for DWP, except as provided in paragraph (c);
8.5 	(6) family units with a caregiver who received MFIP within the 12 months prior to the 
8.6 	month the family applied for DWP;
8.7 	(7) family units with a caregiver who received 60 or more months of TANF assistance; 
8.8 	~~and~~
8.9 	(8) family units with a caregiver who is disqualified from the work participation cash 
8.10 	benefit program, DWP, or MFIP due to fraud~~.~~; and
8.11 	(9) single-parent family units where a parent is receiving family and medical leave 
8.12 	benefits under chapter 268B.
8.13 	(b) A two-parent family must participate in DWP unless both caregivers meet the criteria 
8.14 	for an exception under paragraph (a), clauses (1) through (5), or the family unit includes a 
8.15 	parent who meets the criteria in paragraph (a), clause (6), (7), or (8).
8.16 	(c) Once DWP eligibility is determined, the four months run consecutively. If a participant 
8.17 	leaves the program for any reason and reapplies during the four-month period, the county 
8.18 	must redetermine eligibility for DWP.

8.19 	EFFECTIVE DATE. This section is effective July 1, 2023.

8.20 	Sec. 8. Minnesota Statutes 2018, section 256J.95, subdivision 11, is amended to read:
8.21 		Subd. 11.Universal participation required. (a) All DWP caregivers, except caregivers 
8.22 	who meet the criteria in paragraph (d), are required to participate in DWP employment 
8.23 	services. Except as specified in paragraphs (b) and (c), employment plans under DWP must, 
8.24 	at a minimum, meet the requirements in section 256J.55, subdivision 1.
8.25 	(b) A caregiver who is a member of a two-parent family that is required to participate 
8.26 	in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed 
8.27 	to develop an employment plan under section 256J.521, subdivision 2, that may contain 
8.28 	alternate activities and reduced hours.
8.29 	(c) A participant who is a victim of family violence shall be allowed to develop an 
8.30 	employment plan under section 256J.521, subdivision 3. A claim of family violence must 
8.31 	be documented by the applicant or participant by providing a sworn statement which is 
8.32 	supported by collateral documentation in section 256J.545, paragraph (b).
9.1 	(d) One parent in a two-parent family unit ~~that has a natural born child under 12 months~~ 
9.2 	~~of age~~ is not required to have an employment plan ~~until the child reaches 12 months of age~~ 
9.3 	~~unless the family unit has already used the exclusion under section 256J.561, subdivision~~ 
9.4 	~~3, or the previously allowed child under age one exemption under section 256J.56, paragraph~~ 
9.5 	~~(a), clause (5).~~ if that parent:
9.6 	(1) receives family and medical leave benefits under chapter 268B; or
9.7 	(2) has a natural born child under 12 months of age until the child reaches 12 months 
9.8 	of age unless the family unit has already used the exclusion under section 256J.561, 
9.9 	subdivision 3, or the previously allowed child under age one exemption under section 
9.10 	256J.56, paragraph (a), clause (5).
9.11 	(e) The provision in paragraph (d) ends the first full month after the child reaches 12 
9.12 	months of age. This provision is allowable only once in a caregiver's lifetime. In a two-parent 
9.13 	household, only one parent shall be allowed to use this category.
9.14 	(f) The participant and job counselor must meet in the month after the month the child 
9.15 	reaches 12 months of age to revise the participant's employment plan. The employment plan 
9.16 	for a family unit that has a child under 12 months of age that has already used the exclusion 
9.17 	in section 256J.561 must be tailored to recognize the caregiving needs of the parent.

9.18 	EFFECTIVE DATE. This section is effective July 1, 2023.

9.19 	Sec. 9. Minnesota Statutes 2018, section 256P.01, subdivision 3, is amended to read:
9.20 		Subd. 3.Earned income. "Earned income" means cash or in-kind income earned through 
9.21 	the receipt of wages, salary, commissions, bonuses, tips, gratuities, profit from employment 
9.22 	activities, net profit from self-employment activities, payments made by an employer for 
9.23 	regularly accrued vacation or sick leave, severance pay based on accrued leave time, benefits 
9.24 	paid under chapter 268B, payments from training programs at a rate at or greater than the 
9.25 	state's minimum wage, royalties, honoraria, or other profit from activity that results from 
9.26 	the client's work, service, effort, or labor. The income must be in return for, or as a result 
9.27 	of, legal activity.

9.28 	EFFECTIVE DATE. This section is effective July 1, 2023.

9.29 	Sec. 10. Minnesota Statutes 2018, section 268.19, subdivision 1, is amended to read:
9.30 		Subdivision 1.Use of data. (a) Except as provided by this section, data gathered from 
9.31 	any person under the administration of the Minnesota Unemployment Insurance Law are 
9.32 	private data on individuals or nonpublic data not on individuals as defined in section 13.02, 
10.1 	subdivisions 9 and 12, and may not be disclosed except according to a district court order 
10.2 	or section 13.05. A subpoena is not considered a district court order. These data may be 
10.3 	disseminated to and used by the following agencies without the consent of the subject of 
10.4 	the data:
10.5 	(1) state and federal agencies specifically authorized access to the data by state or federal 
10.6 	law;
10.7 	(2) any agency of any other state or any federal agency charged with the administration 
10.8 	of an unemployment insurance program;
10.9 	(3) any agency responsible for the maintenance of a system of public employment offices 
10.10 	for the purpose of assisting individuals in obtaining employment;
10.11 	(4) the public authority responsible for child support in Minnesota or any other state in 
10.12 	accordance with section 256.978;
10.13 	(5) human rights agencies within Minnesota that have enforcement powers;
10.14 	(6) the Department of Revenue to the extent necessary for its duties under Minnesota 
10.15 	laws;
10.16 	(7) public and private agencies responsible for administering publicly financed assistance 
10.17 	programs for the purpose of monitoring the eligibility of the program's recipients;
10.18 	(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the 
10.19 	Department of Commerce for uses consistent with the administration of their duties under 
10.20 	Minnesota law;
10.21 	(9) the Department of Human Services and the Office of Inspector General and its agents 
10.22 	within the Department of Human Services, including county fraud investigators, for 
10.23 	investigations related to recipient or provider fraud and employees of providers when the 
10.24 	provider is suspected of committing public assistance fraud;
10.25 	(10) local and state welfare agencies for monitoring the eligibility of the data subject 
10.26 	for assistance programs, or for any employment or training program administered by those 
10.27 	agencies, whether alone, in combination with another welfare agency, or in conjunction 
10.28 	with the department or to monitor and evaluate the statewide Minnesota family investment 
10.29 	program by providing data on recipients and former recipients of food stamps or food 
10.30 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under 
10.31 	chapter 119B, or medical programs under chapter 256B or 256L or formerly codified under 
10.32 	chapter 256D;
11.1 	(11) local and state welfare agencies for the purpose of identifying employment, wages, 
11.2 	and other information to assist in the collection of an overpayment debt in an assistance 
11.3 	program;
11.4 	(12) local, state, and federal law enforcement agencies for the purpose of ascertaining 
11.5 	the last known address and employment location of an individual who is the subject of a 
11.6 	criminal investigation;
11.7 	(13) the United States Immigration and Customs Enforcement has access to data on 
11.8 	specific individuals and specific employers provided the specific individual or specific 
11.9 	employer is the subject of an investigation by that agency;
11.10 	(14) the Department of Health for the purposes of epidemiologic investigations;
11.11 	(15) the Department of Corrections for the purposes of case planning and internal research 
11.12 	for preprobation, probation, and postprobation employment tracking of offenders sentenced 
11.13 	to probation and preconfinement and postconfinement employment tracking of committed 
11.14 	offenders;
11.15 	(16) the state auditor to the extent necessary to conduct audits of job opportunity building 
11.16 	zones as required under section 469.3201; ~~and~~
11.17 	(17) the Office of Higher Education for purposes of supporting program improvement, 
11.18 	system evaluation, and research initiatives including the Statewide Longitudinal Education 
11.19 	Data System~~.~~; and
11.20 	(18) the Family and Medical Benefits Division of the Department of Employment and 
11.21 	Economic Development to be used as necessary to administer chapter 268B.
11.22 	(b) Data on individuals and employers that are collected, maintained, or used by the 
11.23 	department in an investigation under section 268.182 are confidential as to data on individuals 
11.24 	and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 
11.25 	and 13, and must not be disclosed except under statute or district court order or to a party 
11.26 	named in a criminal proceeding, administrative or judicial, for preparation of a defense.
11.27 	(c) Data gathered by the department in the administration of the Minnesota unemployment 
11.28 	insurance program must not be made the subject or the basis for any suit in any civil 
11.29 	proceedings, administrative or judicial, unless the action is initiated by the department.

11.30 	EFFECTIVE DATE. This section is effective July 1, 2020.

12.1 	Sec. 11. [268B.01] DEFINITIONS.
12.2 		Subdivision 1.Scope. For the purposes of this chapter, the terms defined in this section 
12.3 	have the meanings given them.
12.4 		Subd. 2.Account. "Account" means the family and medical benefit insurance account 
12.5 	in the special revenue fund in the state treasury under section 268B.02.
12.6 		Subd. 3.Applicant. "Applicant" means an individual applying for leave with benefits 
12.7 	under this chapter.
12.8 		Subd. 4.Applicant's average weekly wage. "Applicant's average weekly wage" means 
12.9 	an amount equal to the applicant's high quarter wage credits divided by 13.
12.10 		Subd. 5.Benefit. "Benefit" or "benefits" mean monetary payments under this chapter 
12.11 	associated with qualifying bonding, family care, pregnancy, serious health condition, 
12.12 	qualifying exigency, or safety leave events, unless otherwise indicated by context.
12.13 		Subd. 6.Benefit year. "Benefit year" means a period of 52 consecutive calendar weeks 
12.14 	beginning on the first day of a leave approved for benefits under this chapter.
12.15 		Subd. 7.Bonding. "Bonding" means time spent by an applicant who is a biological, 
12.16 	adoptive, or foster parent with a biological, adopted, or foster child in conjunction with the 
12.17 	child's birth, adoption, or placement.
12.18 		Subd. 8.Calendar day. "Calendar day" or "day" means a fixed 24-hour period 
12.19 	corresponding to a single calendar date.
12.20 		Subd. 9.Calendar week. "Calendar week" means a period of seven consecutive calendar 
12.21 	days.
12.22 		Subd. 10.Commissioner. "Commissioner" means the commissioner of employment 
12.23 	and economic development, unless otherwise indicated by context.
12.24 		Subd. 11.Continuing treatment. A serious health condition involving continuing 
12.25 	treatment by a health care provider includes any one or more of the following:
12.26 	(1) a period of incapacity of more than three consecutive, full calendar days, and any 
12.27 	subsequent treatment or period of incapacity relating to the same condition, that also involves:
12.28 	(i) treatment two or more times within 30 calendar days of the first day of incapacity, 
12.29 	unless extenuating circumstances exist, by a health care provider; or
12.30 	(ii) treatment by a health care provider on at least one occasion that results in a regimen 
12.31 	of continuing treatment under the supervision of the health care provider;
13.1 	(2) any period of incapacity or treatment for such incapacity due to a chronic serious 
13.2 	health condition. A chronic serious health condition is one that:
13.3 	(i) requires periodic visits, defined as at least twice per year, for treatment for the 
13.4 	incapacity by a health care provider;
13.5 	(ii) continues over an extended period of time, including recurring episodes of a single 
13.6 	underlying condition; and
13.7 	(iii) may cause episodic rather than a continuing period of incapacity;
13.8 	(3) a period of incapacity that is long-term due to a condition for which treatment may 
13.9 	not be effective, with the employee or family member under the supervision of, but not 
13.10 	necessarily receiving active treatment by a health care provider; and
13.11 	(4) any period of absence to receive multiple treatments by a health care provider, 
13.12 	including any period of recovery therefrom, for:
13.13 	(i) restorative surgery after an accident or other injury; or
13.14 	(ii) a condition that would likely result in a period of incapacity of more than seven 
13.15 	consecutive, calendar days in the absence of medical intervention or treatment, such as 
13.16 	cancer, severe arthritis, or kidney disease.
13.17 		Subd. 12.Covered employment. "Covered employment" has the meaning given in 
13.18 	section 268.035, subdivision 12.
13.19 		Subd. 13.Day. "Day" means an eight-hour period.
13.20 		Subd. 14.Department. "Department" means the Department of Employment and 
13.21 	Economic Development, unless otherwise indicated by context.
13.22 		Subd. 15.Employee. "Employee" means an individual for whom premiums are paid on 
13.23 	wages under this chapter.
13.24 		Subd. 16.Employer. "Employer" means a person or entity, other than an employee, 
13.25 	required to pay premiums under this chapter, except that a self-employed individual who 
13.26 	has elected and been approved for coverage under section 268B.11 is not considered an 
13.27 	employer with regard to the self-employed individual's own coverage and benefits.
13.28 		Subd. 17.Estimated self-employment income. "Estimated self-employment income" 
13.29 	means a self-employed individual's average net earnings from self-employment in the two 
13.30 	most recent taxable years. For a self-employed individual who had net earnings from 
13.31 	self-employment in only one of the years, the individual's estimated self-employment income 
14.1 	equals the individual's net earnings from self-employment in the year in which the individual 
14.2 	had net earnings from self-employment.
14.3 		Subd. 18.Family benefit program. "Family benefit program" means the program 
14.4 	administered under this chapter for the collection of premiums and payment of benefits 
14.5 	related to family care, bonding, safety leave, and leave related to a qualifying exigency.
14.6 		Subd. 19.Family care. "Family care" means an applicant caring for a family member 
14.7 	with a serious health condition or caring for a family member who is a covered service 
14.8 	member.
14.9 		Subd. 20.Family member. (a) "Family member" means an employee's child, adult 
14.10 	child, spouse, sibling, parent, parent-in-law, grandchild, grandparent, stepparent, member 
14.11 	of the employee's household, or an individual described in paragraph (e).
14.12 	(b) For the purposes of this chapter, a child includes a stepchild, biological, adopted, or 
14.13 	foster child of the employee.
14.14 	(c) For the purposes of this chapter, a grandchild includes a step-grandchild, biological, 
14.15 	adopted, or foster grandchild of the employee.
14.16 	(d) For the purposes of this chapter, an individual is a member of the employee's 
14.17 	household if the individual has resided at the same address as the employee for at least one 
14.18 	year as of the first day of a leave under this chapter.
14.19 	(e) For the purposes of this chapter, an individual with a serious health condition is 
14.20 	deemed a family member of the employee if (1) a health care provider certifies in writing 
14.21 	that the individual requires care relating to the serious health condition, and (2) the employee 
14.22 	and the care recipient certify in writing that the employee will be providing the required 
14.23 	care.
14.24 		Subd. 21.Health care provider. "Health care provider" means an individual who is 
14.25 	licensed, certified, or otherwise authorized under law to practice in the individual's scope 
14.26 	of practice as a physician, osteopath, physician assistant, chiropractor, advanced practice 
14.27 	registered nurse, licensed psychologist, licensed independent clinical social worker, or 
14.28 	dentist. "Chiropractor" means only a chiropractor who provides manual manipulation of 
14.29 	the spine to correct a subluxation demonstrated to exist by an x-ray.
14.30 		Subd. 22.High quarter. "High quarter" has the meaning given in section 268.035, 
14.31 	subdivision 19.
14.32 		Subd. 23.Independent contractor. (a) If there is an existing specific test or definition 
14.33 	for independent contractor in Minnesota statute or rule applicable to an occupation or sector 
15.1 	as of the date of enactment of this chapter, that test or definition will apply to that occupation 
15.2 	or sector for purposes of this chapter. If there is not an existing test or definition as described, 
15.3 	the definition for independent contractor shall be as provided in this subdivision.
15.4 	(b) An individual is an independent contractor and not an employee of the person for 
15.5 	whom the individual is performing services in the course of the person's trade, business, 
15.6 	profession, or occupation only if:
15.7 	(1) the individual maintains a separate business with the individual's own office, 
15.8 	equipment, materials, and other facilities;
15.9 	(2) the individual:
15.10 	(i) holds or has applied for a federal employer identification number; or
15.11 	(ii) has filed business or self-employment income tax returns with the federal Internal 
15.12 	Revenue Service if the individual has performed services in the previous year;
15.13 	(3) the individual  is operating under contract to perform the specific services for the 
15.14 	person for specific amounts of money and under which the individual controls the means 
15.15 	of performing the services;
15.16 	(4) the individual is incurring the main expenses related to the services that the individual 
15.17 	is performing for the person under the contract;
15.18 	(5) the individual is responsible for the satisfactory completion of the services that the 
15.19 	individual has contracted to perform for the person and is liable for a failure to complete 
15.20 	the services;
15.21 	(6) the individual receives compensation from the person for the services performed 
15.22 	under the contract on a commission or per-job or competitive bid basis and not on any other 
15.23 	basis;
15.24 	(7) the individual may realize a profit or suffer a loss under the contract to perform 
15.25 	services for the person;
15.26 	(8) the individual has continuing or recurring business liabilities or obligations; and
15.27 	(9) the success or failure of the individual's business depends on the relationship of 
15.28 	business receipts to expenditures.
15.29 	(c) For the purposes of this chapter, an insurance producer, as defined in section 60K.31, 
15.30 	subdivision 6, is an independent contractor of an insurance company, as defined in section 
15.31 	60A.02, subdivision 4, unless the insurance producer and insurance company agree otherwise.
16.1 		Subd. 24.Inpatient care. "Inpatient care" means an overnight stay in a hospital, hospice, 
16.2 	or residential medical care facility, including any period of incapacity defined under 
16.3 	subdivision 33, paragraph (b), or any subsequent treatment in connection with such inpatient 
16.4 	care.
16.5 		Subd. 25.Maximum weekly benefit amount. "Maximum weekly benefit amount" 
16.6 	means the state's average weekly wage as calculated under section 268.035, subdivision 23.
16.7 		Subd. 26.Medical benefit program. "Medical benefit program" means the program 
16.8 	administered under this chapter for the collection of premiums and payment of benefits 
16.9 	related to an applicant's serious health condition or pregnancy.
16.10 		Subd. 27.Net earnings from self-employment. "Net earnings from self-employment" 
16.11 	has the meaning given in section 1402 of the Internal Revenue Code, as defined in section 
16.12 	290.01, subdivision 31.
16.13 		Subd. 28.Noncovered employment. "Noncovered employment" has the meaning given 
16.14 	in section 268.035, subdivision 20.
16.15 		Subd. 29.Pregnancy. "Pregnancy" means prenatal care or incapacity due to pregnancy, 
16.16 	or recovery from childbirth, still birth, miscarriage, or related health conditions.
16.17 		Subd. 30.Qualifying exigency. (a) "Qualifying exigency" means a need arising out of 
16.18 	a military member's active duty service or notice of an impending call or order to active 
16.19 	duty in the United States armed forces, including providing for the care or other needs of 
16.20 	the family member's child or other dependent, making financial or legal arrangements for 
16.21 	the family member, attending counseling, attending military events or ceremonies, spending 
16.22 	time with the family member during a rest and recuperation leave or following return from 
16.23 	deployment, or making arrangements following the death of the military member.
16.24 	(b) For the purposes of this chapter, a "military member" means a current or former 
16.25 	member of the United States armed forces, including a member of the National Guard or 
16.26 	reserves, who, except for a deceased military member, is a resident of the state and is a 
16.27 	family member of the employee taking leave related to the qualifying exigency.
16.28 		Subd. 31.Safety leave. "Safety leave" means leave from work because of domestic 
16.29 	abuse, sexual assault, or stalking of the employee or employee's family member, provided 
16.30 	the leave is to:
16.31 	(1) seek medical attention related to the physical or psychological injury or disability 
16.32 	caused by domestic abuse, sexual assault, or stalking;
16.33 	(2) obtain services from a victim services organization;
17.1 	(3) obtain psychological or other counseling;
17.2 	(4) seek relocation due to the domestic abuse, sexual assault, or stalking; or
17.3 	(5) seek legal advice or take legal action, including preparing for or participating in any 
17.4 	civil or criminal legal proceeding related to, or resulting from, the domestic abuse, sexual 
17.5 	assault, or stalking.
17.6 		Subd. 32.Self-employed individual. "Self-employed individual" means a resident of 
17.7 	the state who, in one of the two taxable years preceding the current calendar year, derived 
17.8 	at least $10,000 in net earnings from self-employment from an entity other than an S 
17.9 	corporation for the performance of services in this state.
17.10 		Subd. 33.Self-employment premium base. "Self-employment premium base" means 
17.11 	the lesser of:
17.12 	(1) a self-employed individual's estimated self-employment income for the calendar year 
17.13 	plus the individual's self-employment wages in the calendar year; or
17.14 	(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability 
17.15 	Insurance tax in the taxable year.
17.16 		Subd. 34.Self-employment wages. "Self-employment wages" means the amount of 
17.17 	wages that a self-employed individual earned in the calendar year from an entity from which 
17.18 	the individual also received net earnings from self-employment.
17.19 		Subd. 35.Serious health condition. (a) "Serious health condition" means an illness, 
17.20 	injury, impairment, or physical or mental condition that involves inpatient care as defined 
17.21 	in subdivision 24 or continuing treatment by a health care provider as defined in subdivision 
17.22 	11.
17.23 	(b) "Incapacity" means inability to work, attend school, or perform other regular daily 
17.24 	activities due to the serious health condition, treatment therefore, or recovery therefrom.
17.25 	(c) Treatment includes but is not limited to examinations to determine if a serious health 
17.26 	condition exists and evaluations of the condition. Treatment does not include routine physical 
17.27 	examinations, eye examinations, or dental examinations. A regimen of continuing treatment 
17.28 	includes, for example, a course of prescription medication or therapy requiring special 
17.29 	equipment to resolve or alleviate the health condition.
17.30 		Subd. 36.State's average weekly wage. "State's average weekly wage" means the 
17.31 	weekly wage calculated under section 268.035, subdivision 23.
18.1 		Subd. 37.Taxable year. "Taxable year" has the meaning given in section 290.01, 
18.2 	subdivision 9.
18.3 		Subd. 38.Wage credits. "Wage credits" has the meaning given in section 268.035, 
18.4 	subdivision 27.

18.5 	EFFECTIVE DATE. This section is effective July 1, 2020.

18.6 	Sec. 12. [268B.02] FAMILY AND MEDICAL BENEFIT INSURANCE PROGRAM 
18.7 	CREATION.
18.8 		Subdivision 1.Creation. A family and medical benefit insurance program is created to 
18.9 	be administered by the commissioner according to the terms of this chapter.
18.10 		Subd. 2.Creation of division. A Family and Medical Benefit Insurance Division is 
18.11 	created within the department under the authority of the commissioner. The commissioner 
18.12 	shall appoint a director of the division. The division shall administer and operate the benefit 
18.13 	program under this chapter.
18.14 		Subd. 3.Rulemaking. The commissioner may adopt rules to implement the provisions 
18.15 	of this chapter.
18.16 		Subd. 4.Account creation; appropriation. The family and medical benefit insurance 
18.17 	account is created in the special revenue fund in the state treasury. Money in this account 
18.18 	is appropriated to the commissioner to pay benefits under and to administer this chapter, 
18.19 	including outreach required under section 268B.15.
18.20 		Subd. 5.Information technology services and equipment. The department is exempt 
18.21 	from the provisions of section 16E.016 for the purposes of this chapter.

18.22 	EFFECTIVE DATE. This section is effective July 1, 2020.

18.23 	Sec. 13. [268B.03] ELIGIBILITY.
18.24 		Subdivision 1.Applicant. An applicant who has a serious health condition, has a 
18.25 	qualifying exigency, is taking safety leave, is providing family care, is bonding, or is pregnant 
18.26 	or recovering from pregnancy, and who satisfies the conditions of this section is eligible to 
18.27 	receive benefits subject to the provisions of this chapter.
18.28 		Subd. 2.Wage credits. An applicant must have sufficient wage credits from an employer 
18.29 	or employers as defined in section 268B.01, subdivision 16, to establish a benefit account 
18.30 	under section 268.07, subdivision 2.
19.1 		Subd. 3.Seven-day qualifying event. (a) The period for which an applicant is seeking 
19.2 	benefits must be or have been based on a single event of at least seven calendar days' duration 
19.3 	related to pregnancy, recovery from pregnancy, family care, a qualifying exigency, safety 
19.4 	leave, or the applicant's serious health condition. The days need not be consecutive.
19.5 	(b) Benefits related to bonding need not meet the seven-day qualifying event requirement.
19.6 	(c) The commissioner must use the rulemaking authority under section 268B.02, 
19.7 	subdivision 3, to adopt rules regarding what serious health conditions and other events are 
19.8 	prospectively presumed to constitute seven-day qualifying events under this chapter.
19.9 		Subd. 4.Ineligible. (a) An applicant is not eligible for benefits for any portion of a day 
19.10 	for which the applicant worked for pay.
19.11 	(b) An applicant is not eligible for benefits for any day for which the applicant received 
19.12 	benefits under chapter 176 or 268.
19.13 		Subd. 5.Certification. An applicant for benefits under this chapter must fulfill the 
19.14 	certification requirements under section 268B.04, subdivision 2.
19.15 		Subd. 6.Records release. An individual whose medical records are necessary to 
19.16 	determine eligibility for benefits under this chapter must sign and date a legally effective 
19.17 	waiver authorizing release of medical or other records, to the limited extent necessary to 
19.18 	administer or enforce this chapter, to the department and the Department of Labor and 
19.19 	Industry.
19.20 		Subd. 7.Self-employed individual applicant. To fulfill the requirements of this section, 
19.21 	a self-employed individual or independent contractor who has elected and been approved 
19.22 	for coverage under section 268B.11 must fulfill only the requirements of subdivisions 3, 4, 
19.23 	5, and 6.

19.24 	EFFECTIVE DATE. This section is effective July 1, 2023.

19.25 	Sec. 14. [268B.04] APPLICATIONS.
19.26 		Subdivision 1.Process; deadline. Applicants must file a benefit claim pursuant to rules 
19.27 	promulgated by the commissioner within 90 calendar days of the related qualifying event. 
19.28 	If a claim is filed more than 90 calendar days after the start of leave, the covered individual 
19.29 	may receive reduced benefits. All claims shall include a certification supporting a request 
19.30 	for leave under this chapter. The commissioner must establish good cause exemptions from 
19.31 	the certification requirement deadline in the event that a serious health condition of the 
20.1 	applicant prevents the applicant from providing the required certification within the 90 
20.2 	calendar days.
20.3 		Subd. 2.Certification. (a) Certification for an applicant taking leave related to the 
20.4 	applicant's serious health condition shall be sufficient if the certification states the date on 
20.5 	which the serious health condition began, the probable duration of the condition, and the 
20.6 	appropriate medical facts within the knowledge of the health care provider as required by 
20.7 	the commissioner.
20.8 	(b) Certification for an applicant taking leave to care for a family member with a serious 
20.9 	health condition shall be sufficient if the certification states the date on which the serious 
20.10 	health condition commenced, the probable duration of the condition, the appropriate medical 
20.11 	facts within the knowledge of the health care provider as required by the commissioner, a 
20.12 	statement that the family member requires care, and an estimate of the amount of time that 
20.13 	the family member will require care.
20.14 	(c) Certification for an applicant taking leave related to pregnancy shall be sufficient if 
20.15 	the certification states the expected due date and recovery period based on appropriate 
20.16 	medical facts within the knowledge of the health care provider.
20.17 	(d) Certification for an applicant taking bonding leave because of the birth of the 
20.18 	applicant's child shall be sufficient if the certification includes either the child's birth 
20.19 	certificate or a document issued by the health care provider of the child or the health care 
20.20 	provider of the person who gave birth, stating the child's birth date.
20.21 	(e) Certification for an applicant taking bonding leave because of the placement of a 
20.22 	child with the applicant for adoption or foster care shall be sufficient if the applicant provides 
20.23 	a document issued by the health care provider of the child, an adoption or foster care agency 
20.24 	involved in the placement, or by other individuals as determined by the commissioner that 
20.25 	confirms the placement and the date of placement. To the extent that the status of an applicant 
20.26 	as an adoptive or foster parent changes while an application for benefits is pending, or while 
20.27 	the covered individual is receiving benefits, the applicant must notify the department of 
20.28 	such change in status in writing.
20.29 	(f) Certification for an applicant taking leave because of a qualifying exigency shall be 
20.30 	sufficient if the certification includes:
20.31 	(1) a copy of the family member's active-duty orders;
20.32 	(2) other documentation issued by the United States armed forces; or
20.33 	(3) other documentation permitted by the commissioner.
21.1 	(g) Certification for an applicant taking safety leave is sufficient if the certification 
21.2 	includes a court record or documentation signed by a volunteer or employee of a victim's 
21.3 	services organization, an attorney, a police officer, or an antiviolence counselor. The 
21.4 	commissioner must not require disclosure of details relating to an applicant's or applicant's 
21.5 	family member's domestic abuse, sexual assault, or stalking.
21.6 	(h) Certifications under paragraphs (a) to (e) must be reviewed and signed by a health 
21.7 	care provider with knowledge of the qualifying event associated with the leave.
21.8 	(i) For a leave taken on an intermittent or reduced-schedule basis, based on a serious 
21.9 	health condition of an applicant or applicant's family member, the certification under this 
21.10 	subdivision must include an explanation of how such leave would be medically beneficial 
21.11 	to the individual with the serious health condition.

21.12 	EFFECTIVE DATE. This section is effective July 1, 2023.

21.13 	Sec. 15. [268B.05] DETERMINATION OF APPLICATION.
21.14 	Upon the filing of a complete application for benefits, the commissioner shall examine 
21.15 	the application and on the basis of facts found by the commissioner and records maintained 
21.16 	by the department, the applicant shall be determined to be eligible or ineligible within two 
21.17 	weeks. If the application is determined to be valid, the commissioner shall promptly notify 
21.18 	the applicant and any other interested party as to the week when benefits commence, the 
21.19 	weekly benefit amount payable, and the maximum duration of those benefits. If the 
21.20 	application is determined to be invalid, the commissioner shall notify the applicant and any 
21.21 	other interested party of that determination and the reasons for it. If the processing of the 
21.22 	application is delayed for any reason, the commissioner shall notify the applicant, in writing, 
21.23 	within two weeks of the date the application for benefits is filed of the reason for the delay. 
21.24 	Unless the applicant or any other interested party, within 30 calendar days, requests a hearing 
21.25 	before a benefit judge, the determination is final. For good cause shown, the 30-day period 
21.26 	may be extended. At any time within one year from the date of a monetary determination, 
21.27 	the commissioner, upon request of the applicant or on the commissioner's own initiative, 
21.28 	may reconsider the determination if it is found that an error in computation or identity has 
21.29 	occurred in connection with the determination or that additional wages pertinent to the 
21.30 	applicant's status have become available, or if that determination has been made as a result 
21.31 	of a nondisclosure or misrepresentation of a material fact.

21.32 	EFFECTIVE DATE. This section is effective July 1, 2023.

22.1 	Sec. 16. [268B.06] EMPLOYER NOTIFICATION.
22.2 	(a) Upon a determination under section 268B.05 that an applicant is entitled to benefits, 
22.3 	the commissioner must promptly send a notification to each current employer of the applicant, 
22.4 	if any, in accordance with paragraph (b).
22.5 	(b) The notification under paragraph (a) must include, at a minimum:
22.6 	(1) the name of the applicant;
22.7 	(2) that the applicant has applied for and received benefits;
22.8 	(3) the week the benefits commence;
22.9 	(4) the weekly benefit amount payable;
22.10 	(5) the maximum duration of benefits; and
22.11 	(6) descriptions of the employer's right to participate in a hearing under section 268B.05, 
22.12 	and appeal process under section 268B.07.

22.13 	EFFECTIVE DATE. This section is effective July 1, 2023.

22.14 	Sec. 17. [268B.07] APPEAL PROCESS.
22.15 		Subdivision 1.Hearing. (a) The commissioner shall designate a chief benefit judge.
22.16 	(b) Upon a timely appeal to a determination having been filed or upon a referral for 
22.17 	direct hearing, the chief benefit judge must set a time and date for a de novo due-process 
22.18 	hearing and send notice to an applicant and an employer, by mail or electronic transmission, 
22.19 	not less than ten calendar days before the date of the hearing.
22.20 	(c) The commissioner may adopt rules on procedures for hearings. The rules need not 
22.21 	conform to common law or statutory rules of evidence and other technical rules of procedure.
22.22 	(d) The chief benefit judge has discretion regarding the method by which the hearing is 
22.23 	conducted.
22.24 		Subd. 2.Decision. (a) After the conclusion of the hearing, upon the evidence obtained, 
22.25 	the benefit judge must serve by mail or electronic transmission to all parties, the decision, 
22.26 	reasons for the decision, and written findings of fact.
22.27 	(b) Decisions of a benefit judge are not precedential.
22.28 		Subd. 3.Request for reconsideration. Any party, or the commissioner, may, within 
22.29 	30 calendar days after service of the benefit judge's decision, file a request for reconsideration 
22.30 	asking the judge to reconsider that decision.
23.1 		Subd. 4.Appeal to court of appeals. Any final determination on a request for 
23.2 	reconsideration may be appealed by any party directly to the Minnesota Court of Appeals.
23.3 		Subd. 5.Benefit judges. (a) Only employees of the department who are attorneys licensed 
23.4 	to practice law in Minnesota may serve as a chief benefit judge, senior benefit judges who 
23.5 	are supervisors, or benefit judges.
23.6 	(b) The chief benefit judge must assign a benefit judge to conduct a hearing and may 
23.7 	transfer to another benefit judge any proceedings pending before another benefit judge.

23.8 	EFFECTIVE DATE. This section is effective July 1, 2023.

23.9 	Sec. 18. [268B.08] BENEFITS.
23.10 		Subdivision 1.Weekly benefit amount. (a) Subject to the maximum weekly benefit 
23.11 	amount, an applicant's weekly benefit is calculated by adding the amounts obtained by 
23.12 	applying the following percentage to an applicant's average weekly wage:
23.13 	(1) 90 percent of wages that do not exceed 50 percent of the state's average weekly wage; 
23.14 	plus
23.15 	(2) 66 percent of wages that exceed 50 percent of the state's average weekly wage but 
23.16 	not 100 percent; plus
23.17 	(3) 55 percent of wages that exceed 100 percent of the state's average weekly wage.
23.18 	(b) The state's average weekly wage is the average wage as calculated under section 
23.19 	268.035, subdivision 23, at the time a benefit amount is first determined.
23.20 	(c) Notwithstanding any other provision in this section, weekly benefits must not exceed 
23.21 	the maximum weekly benefit amount applicable at the time benefit payments commence.
23.22 		Subd. 2.Timing of payment. Except as otherwise provided for in this chapter, benefits 
23.23 	must be paid weekly.
23.24 		Subd. 3.Maximum length of benefits. (a) Except as provided in paragraph (b), in a 
23.25 	single benefit year, an applicant may receive up to 12 weeks of benefits under this chapter 
23.26 	related to the applicant's serious health condition or pregnancy and up to 12 weeks of benefits 
23.27 	under this chapter for bonding, safety leave, or family care.
23.28 	(b) An applicant may receive up to 12 weeks of benefits in a single benefit year for leave 
23.29 	related to one or more qualifying exigencies.
23.30 		Subd. 4.Minimum period for which benefits payable. Except for a claim for benefits 
23.31 	for bonding leave, any claim for benefits must be based on a single-qualifying event of at 
24.1 	least seven calendar days. Benefits may be paid for a minimum increment of one day. The 
24.2 	minimum increment of one day may consist of multiple, nonconsecutive portions of a day 
24.3 	totaling eight hours.
24.4 		Subd. 5.Withholding of federal tax. If the Internal Revenue Service determines that 
24.5 	benefits are subject to federal income tax, and an applicant elects to have federal income 
24.6 	tax deducted and withheld from the applicant's benefits, the commissioner must deduct and 
24.7 	withhold the amount specified in the Internal Revenue Code in a manner consistent with 
24.8 	state law.

24.9 	EFFECTIVE DATE. This section is effective July 1, 2023.

24.10 	Sec. 19. [268B.085] LEAVE.
24.11 		Subdivision 1.Right to leave. Ninety calendar days from the date of hire, an employee 
24.12 	has a right to leave from employment for any day, or portion of a day, for which the employee 
24.13 	would be eligible for benefits under this chapter, regardless of whether the employee actually 
24.14 	applied for benefits and regardless of whether the employee is covered under a private plan 
24.15 	or the public program under this chapter.
24.16 		Subd. 2.Notice to employer. (a) If the need for leave is foreseeable, an employee must 
24.17 	provide the employer at least 30 days' advance notice before leave under this chapter is to 
24.18 	begin. If 30 days' notice is not practicable because of a lack of knowledge of approximately 
24.19 	when leave will be required to begin, a change in circumstances, or a medical emergency, 
24.20 	notice must be given as soon as practicable. Whether leave is to be continuous or is to be 
24.21 	taken intermittently or on a reduced schedule basis, notice need only be given one time, but 
24.22 	the employee must advise the employer as soon as practicable if dates of scheduled leave 
24.23 	change or are extended, or were initially unknown. In those cases where the employee is 
24.24 	required to provide at least 30 days' notice of foreseeable leave and does not do so, the 
24.25 	employee must explain the reasons why such notice was not practicable upon a request from 
24.26 	the employer for such information.
24.27 	(b) "As soon as practicable" means as soon as both possible and practical, taking into 
24.28 	account all of the facts and circumstances in the individual case. When an employee becomes 
24.29 	aware of a need for leave under this chapter less than 30 days in advance, it should be 
24.30 	practicable for the employee to provide notice of the need for leave either the same day or 
24.31 	the next day, unless the need for leave is based on a medical emergency. In all cases, 
24.32 	however, the determination of when an employee could practicably provide notice must 
24.33 	take into account the individual facts and circumstances.
25.1 	(c) An employee shall provide at least verbal notice sufficient to make the employer 
25.2 	aware that the employee needs leave allowed under this chapter and the anticipated timing 
25.3 	and duration of the leave. An employer may require an employee giving notice of leave to 
25.4 	include a certification for the leave as described in section 268B.04, subdivision 2. Such 
25.5 	certification, if required by an employer, is timely when the employee delivers it as soon 
25.6 	as practicable given the circumstances requiring the need for leave, and the required contents 
25.7 	of the certification.
25.8 	(d) An employer may require an employee to comply with the employer's usual and 
25.9 	customary notice and procedural requirements for requesting leave, absent unusual 
25.10 	circumstances or other circumstances caused by the reason for the employee's need for 
25.11 	leave. Leave under this chapter must not be delayed or denied where an employer's usual 
25.12 	and customary notice or procedural requirements require notice to be given sooner than set 
25.13 	forth in this subdivision.
25.14 	(e) If an employer has failed to provide notice to the employee as required under section 
25.15 	268B.22, paragraph (a), (b), or (e), the employee is not required to comply with the notice 
25.16 	requirements of this subdivision.
25.17 		Subd. 3.Bonding leave. Bonding leave taken under this chapter begins at a time requested 
25.18 	by the employee. Bonding leave must begin within 12 months of the birth, adoption, or 
25.19 	placement of a foster child, except that, in the case where the child must remain in the 
25.20 	hospital longer than the mother, the leave must begin within 12 months after the child leaves 
25.21 	the hospital.
25.22 		Subd. 4.Intermittent or reduced leave schedule. (a) Leave under this chapter, based 
25.23 	on a serious health condition, may be taken intermittently or on a reduced leave schedule 
25.24 	if such leave would be medically beneficial to the individual with the serious health condition. 
25.25 	For all other leaves under this chapter, leave may be taken intermittently or on a reduced 
25.26 	leave schedule. Intermittent leave is leave taken in separate blocks of time due to a single, 
25.27 	seven-day qualifying event. A reduced leave schedule is a leave schedule that reduces an 
25.28 	employee's usual number of working hours per workweek or hours per workday.
25.29 	(b) Leave taken intermittently or on a reduced schedule basis counts toward the 
25.30 	maximums described in section 268B.08, subdivision 3.

25.31 	EFFECTIVE DATE. This section is effective July 1, 2023.

26.1 	Sec. 20. [268B.09] EMPLOYMENT PROTECTIONS.
26.2 		Subdivision 1.Retaliation prohibited. An employer must not retaliate against an 
26.3 	employee for requesting or obtaining benefits, or for exercising any other right under this 
26.4 	chapter.
26.5 		Subd. 2.Interference prohibited. An employer must not obstruct or impede an 
26.6 	application for leave or benefits or the exercise of any other right under this chapter.
26.7 		Subd. 3.Waiver of rights void.  Any agreement to waive, release, or commute rights 
26.8 	to benefits or any other right under this chapter is void.
26.9 		Subd. 4.No assignment of benefits.  Any assignment, pledge, or encumbrance of benefits 
26.10 	is void. Benefits are exempt from levy, execution, attachment, or any other remedy provided 
26.11 	for the collection of debt. Any waiver of this subdivision is void.
26.12 		Subd. 5.Continued insurance.  During any leave for which an employee is entitled to 
26.13 	benefits under this chapter, the employer must maintain coverage under any group insurance 
26.14 	policy, group subscriber contract, or health care plan for the employee and any dependents 
26.15 	as if the employee was not on leave, provided, however, that the employee must continue 
26.16 	to pay any employee share of the cost of such benefits.
26.17 		Subd. 6.Employee right to reinstatement. (a) On return from leave under this chapter, 
26.18 	an employee is entitled to be returned to the same position the employee held when leave 
26.19 	commenced or to an equivalent position with equivalent benefits, pay, and other terms and 
26.20 	conditions of employment. An employee is entitled to such reinstatement even if the 
26.21 	employee has been replaced or the employee's position has been restructured to accommodate 
26.22 	the employee's absence.
26.23 	(b)(1) An equivalent position is one that is virtually identical to the employee's former 
26.24 	position in terms of pay, benefits, and working conditions, including privileges, prerequisites, 
26.25 	and status. It must involve the same or substantially similar duties and responsibilities, 
26.26 	which must entail substantially equivalent skill, effort, responsibility, and authority.
26.27 	(2) If an employee is no longer qualified for the position because of the employee's 
26.28 	inability to attend a necessary course, renew a license, fly a minimum number of hours, or 
26.29 	the like, as a result of the leave, the employee must be given a reasonable opportunity to 
26.30 	fulfill those conditions upon return from leave.
26.31 	(c)(1) An employee is entitled to any unconditional pay increases which may have 
26.32 	occurred during the leave period, such as cost of living increases. Pay increases conditioned 
26.33 	upon seniority, length of service, or work performed must be granted in accordance with 
27.1 	the employer's policy or practice with respect to other employees on an equivalent leave 
27.2 	status for a reason that does not qualify for leave under this chapter. An employee is entitled 
27.3 	to be restored to a position with the same or equivalent pay premiums, such as a shift 
27.4 	differential. If an employee departed from a position averaging ten hours of overtime, and 
27.5 	corresponding overtime pay, each week an employee is ordinarily entitled to such a position 
27.6 	on return from leave under this chapter.
27.7 	(2) Equivalent pay includes any bonus or payment, whether it is discretionary or 
27.8 	nondiscretionary, made to employees consistent with the provisions of clause (1). However, 
27.9 	if a bonus or other payment is based on the achievement of a specified goal such as hours 
27.10 	worked, products sold, or perfect attendance, and the employee has not met the goal due to 
27.11 	leave under this chapter, the payment may be denied, unless otherwise paid to employees 
27.12 	on an equivalent leave status for a reason that does not qualify for leave under this chapter.
27.13 	(d) Benefits under this section include all benefits provided or made available to 
27.14 	employees by an employer, including group life insurance, health insurance, disability 
27.15 	insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether 
27.16 	such benefits are provided by a practice or written policy of an employer through an employee 
27.17 	benefit plan as defined in section 3(3) of United States Code, title 29, section 1002(3).
27.18 	(1) At the end of an employee's leave under this chapter, benefits must be resumed in 
27.19 	the same manner and at the same levels as provided when the leave began, and subject to 
27.20 	any changes in benefit levels that may have taken place during the period of leave affecting 
27.21 	the entire workforce, unless otherwise elected by the employee. Upon return from a leave 
27.22 	under this chapter, an employee cannot be required to requalify for any benefits the employee 
27.23 	enjoyed before leave began, including family or dependent coverages.
27.24 	(2) An employee may, but is not entitled to, accrue any additional benefits or seniority 
27.25 	during a leave under this chapter. Benefits accrued at the time leave began, however, must 
27.26 	be available to an employee upon return from leave.
27.27 	(3) With respect to pension and other retirement plans, leave under this chapter must 
27.28 	not be treated as or counted toward a break in service for purposes of vesting and eligibility 
27.29 	to participate. Also, if the plan requires an employee to be employed on a specific date in 
27.30 	order to be credited with a year of service for vesting, contributions, or participation purposes, 
27.31 	an employee on leave under this chapter must be treated as employed on that date. However, 
27.32 	periods of leave under this chapter need not be treated as credited service for purposes of 
27.33 	benefit accrual, vesting, and eligibility to participate.
28.1 	(4) Employees on leave under this chapter must be treated as if they continued to work 
28.2 	for purposes of changes to benefit plans. Employees on leave under this chapter are entitled 
28.3 	to changes in benefit plans, except those which may be dependent upon seniority or accrual 
28.4 	during the leave period, immediately upon return from leave or to the same extent they 
28.5 	would have qualified if no leave had been taken.
28.6 	(e) An equivalent position must have substantially similar duties, conditions, 
28.7 	responsibilities, privileges, and status as the employee's original position.
28.8 	(1) The employee must be reinstated to the same or a geographically proximate worksite 
28.9 	from where the employee had previously been employed. If the employee's original worksite 
28.10 	has been closed, the employee is entitled to the same rights as if the employee had not been 
28.11 	on leave when the worksite closed.
28.12 	(2) The employee is ordinarily entitled to return to the same shift or the same or an 
28.13 	equivalent work schedule.
28.14 	(3) The employee must have the same or an equivalent opportunity for bonuses, 
28.15 	profit-sharing, and other similar discretionary and nondiscretionary payments.
28.16 	(4) This chapter does not prohibit an employer from accommodating an employee's 
28.17 	request to be restored to a different shift, schedule, or position which better suits the 
28.18 	employee's personal needs on return from leave, or to offer a promotion to a better position. 
28.19 	However, an employee must not be induced by the employer to accept a different position 
28.20 	against the employee's wishes.
28.21 	(f) The requirement that an employee be restored to the same or equivalent job with the 
28.22 	same or equivalent pay, benefits, and terms and conditions of employment does not extend 
28.23 	to de minimis, intangible, or unmeasurable aspects of the job.
28.24 		Subd. 7.Limitations on an employee's right to reinstatement. An employee has no 
28.25 	greater right to reinstatement or to other benefits and conditions of employment than if the 
28.26 	employee had been continuously employed during the period of leave under this chapter. 
28.27 	An employer must be able to show that an employee would not otherwise have been 
28.28 	employed at the time reinstatement is requested in order to deny restoration to employment.
28.29 	(1) If an employee is laid off during the course of taking a leave under this chapter and 
28.30 	employment is terminated, the employer's responsibility to continue the leave, maintain 
28.31 	group health plan benefits, and restore the employee cease at the time the employee is laid 
28.32 	off, provided the employer has no continuing obligations under a collective bargaining 
28.33 	agreement or otherwise. An employer would have the burden of proving that an employee 
29.1 	would have been laid off during the period of leave under this chapter and, therefore, would 
29.2 	not be entitled to restoration. Restoration to a job slated for layoff when the employee's 
29.3 	original position would not meet the requirements of an equivalent position.
29.4 	(2) If a shift has been eliminated or overtime has been decreased, an employee would 
29.5 	not be entitled to return to work that shift or the original overtime hours upon restoration. 
29.6 	However, if a position on, for example, a night shift has been filled by another employee, 
29.7 	the employee is entitled to return to the same shift on which employed before taking leave 
29.8 	under this chapter.
29.9 	(3) If an employee was hired for a specific term or only to perform work on a discrete 
29.10 	project, the employer has no obligation to restore the employee if the employment term or 
29.11 	project is over and the employer would not otherwise have continued to employ the employee.
29.12 		Subd. 8.Remedies. (a) In addition to any other remedies available to an employee in 
29.13 	law or equity, an employer who violates the provisions of this section is liable to any 
29.14 	employee affected for:
29.15 	(1) damages equal to the amount of:
29.16 	(i) any wages, salary, employment benefits, or other compensation denied or lost to such 
29.17 	employee by reason of the violation, or, in a cases in which wages, salary, employment 
29.18 	benefits, or other compensation have not been denied or lost to the employee, any actual 
29.19 	monetary losses sustained by the employee as a direct result of the violation; and
29.20 	(ii) reasonable interest on the amount described in item (i); and
29.21 	(2) such equitable relief as may be appropriate, including employment, reinstatement, 
29.22 	and promotion.
29.23 	(b) An action to recover damages or equitable relief prescribed in paragraph (a) may be 
29.24 	maintained against any employer in any federal or state court of competent jurisdiction by 
29.25 	any one or more employees for and on behalf of:
29.26 	(1) the employees; or
29.27 	(2) the employees and other employees similarly situated.
29.28 	(c) The court in an action under this section must, in addition to any judgment awarded 
29.29 	to the plaintiff or plaintiffs, allow reasonable attorney fees, reasonable expert witness fees, 
29.30 	and other costs of the action to be paid by the defendant.
30.1 	(d) Nothing in this section shall be construed to allow an employee to recover damages 
30.2 	from an employer for the denial of benefits under this chapter by the department, unless the 
30.3 	employer unlawfully interfered with the application for benefits under subdivision 2.

30.4 	EFFECTIVE DATE. This section is effective July 1, 2023.

30.5 	Sec. 21. [268B.10] SUBSTITUTION OF A PRIVATE PLAN.
30.6 		Subdivision 1.Application for substitution. Employers may apply to the commissioner 
30.7 	for approval to meet their obligations under this chapter through the substitution of a private 
30.8 	plan that provides paid family, paid medical, or paid family and medical benefits. In order 
30.9 	to be approved as meeting an employer's obligations under this chapter, a private plan must 
30.10 	confer all of the same rights, protections, and benefits provided to employees under this 
30.11 	chapter, including but not limited to benefits under section 268B.08 and employment 
30.12 	protections under section 268B.09. An employee covered by a private plan under this section 
30.13 	retains all applicable rights and remedies under section 268B.09.
30.14 		Subd. 2.Private plan requirements; medical benefit program. (a) The commissioner 
30.15 	must approve an application for private provision of the medical benefit program if the 
30.16 	commissioner determines:
30.17 	(1) all of the employees of the employer are to be covered under the provisions of the 
30.18 	employer plan;
30.19 	(2) eligibility requirements for benefits and leave are no more restrictive than as provided 
30.20 	under this chapter;
30.21 	(3) the weekly benefits payable under the private plan for any week are at least equal to 
30.22 	the weekly benefit amount payable under this chapter, taking into consideration any coverage 
30.23 	with respect to concurrent employment by another employer;
30.24 	(4) the total number of weeks for which benefits are payable under the private plan is 
30.25 	at least equal to the total number of weeks for which benefits would have been payable 
30.26 	under this chapter;
30.27 	(5) no greater amount is required to be paid by employees toward the cost of benefits 
30.28 	under the employer plan than by this chapter;
30.29 	(6) wage replacement benefits are stated in the plan separately and distinctly from other 
30.30 	benefits;
30.31 	(7) the private plan will provide benefits and leave for any serious health condition or 
30.32 	pregnancy for which benefits are payable, and leave provided, under this chapter;
31.1 	(8) the private plan will impose no additional condition or restriction on the use of 
31.2 	medical benefits beyond those explicitly authorized by this chapter or regulations 
31.3 	promulgated pursuant to this chapter;
31.4 	(9) the private plan will allow any employee covered under the private plan who is 
31.5 	eligible to receive medical benefits under this chapter to receive medical benefits under the 
31.6 	employer plan; and
31.7 	(10) coverage will be continued under the private plan while an employee remains 
31.8 	employed by the employer.
31.9 	(b) Notwithstanding paragraph (a), a private plan may provide shorter durations of leave 
31.10 	and benefit eligibility if the total dollar value of wage replacement benefits under the private 
31.11 	plan for an employee for any particular qualifying event meets or exceeds what the total 
31.12 	dollar value would be under the public family and medical benefit program.
31.13 		Subd. 3.Private plan requirements; family benefit program. (a) The commissioner 
31.14 	must approve an application for private provision of the family benefit program if the 
31.15 	commissioner determines:
31.16 	(1) all of the employees of the employer are to be covered under the provisions of the 
31.17 	employer plan;
31.18 	(2) eligibility requirements for benefits and leave are no more restrictive than as provided 
31.19 	under this chapter;
31.20 	(3) the weekly benefits payable under the private plan for any week are at least equal to 
31.21 	the weekly benefit amount payable under this chapter, taking into consideration any coverage 
31.22 	with respect to concurrent employment by another employer;
31.23 	(4) the total number of weeks for which benefits are payable under the private plan is 
31.24 	at least equal to the total number of weeks for which benefits would have been payable 
31.25 	under this chapter;
31.26 	(5) no greater amount is required to be paid by employees toward the cost of benefits 
31.27 	under the employer plan than by this chapter;
31.28 	(6) wage replacement benefits are stated in the plan separately and distinctly from other 
31.29 	benefits;
31.30 	(7) the private plan will provide benefits and leave for any care for a family member 
31.31 	with a serious health condition, bonding with a child, qualifying exigency, or safety leave 
31.32 	event for which benefits are payable, and leave provided, under this chapter;
32.1 	(8) the private plan will impose no additional condition or restriction on the use of family 
32.2 	benefits beyond those explicitly authorized by this chapter or regulations promulgated 
32.3 	pursuant to this chapter;
32.4 	(9) the private plan will allow any employee covered under the private plan who is 
32.5 	eligible to receive medical benefits under this chapter to receive medical benefits under the 
32.6 	employer plan; and
32.7 	(10) coverage will be continued under the private plan while an employee remains 
32.8 	employed by the employer.
32.9 	(b) Notwithstanding paragraph (a), a private plan may provide shorter durations of leave 
32.10 	and benefit eligibility if the total dollar value of wage replacement benefits under the private 
32.11 	plan for an employee for any particular qualifying event meets or exceeds what the total 
32.12 	dollar value would be under the public family and medical benefit program.
32.13 		Subd. 4.Use of private insurance products. Nothing in this section prohibits an 
32.14 	employer from meeting the requirements of a private plan through a private insurance 
32.15 	product. If the employer plan involves a private insurance product, that insurance product 
32.16 	must conform to any applicable law or rule.
32.17 		Subd. 5.Private plan approval and oversight fee. An employer with an approved 
32.18 	private plan will not be required to pay premiums established under section 268B.12. An 
32.19 	employer with an approved private plan will be responsible for a private plan approval and 
32.20 	oversight fee equal to $250 for employers with fewer than 50 employees, $500 for employers 
32.21 	with 50 to 499 employees, and $1,000 for employers with 500 or more employees. The 
32.22 	employer must pay this fee (1) upon initial application for private plan approval and (2) any 
32.23 	time the employer applies to amend the private plan. The commissioner will review and 
32.24 	report on the adequacy of this fee to cover private plan administrative costs annually 
32.25 	beginning October 1, 2021, as part of the annual report established in section 268B.21.
32.26 		Subd. 6.Plan duration. A private plan under this section must be in effect for a period 
32.27 	of at least one year and, thereafter, continuously unless the commissioner finds that the 
32.28 	employer has given notice of withdrawal from the plan in a manner specified by the 
32.29 	commissioner in this section or rule. The plan may be withdrawn by the employer within 
32.30 	30 days of the effective date of any law increasing the benefit amounts or within 30 days 
32.31 	of the date of any change in the rate of premiums. If the plan is not withdrawn, it must be 
32.32 	amended to conform to provide the increased benefit amount or change in the rate of the 
32.33 	employee's premium on the date of the increase or change.
33.1 		Subd. 7.Appeals. An employer may appeal any adverse action regarding that employer's 
33.2 	private plan to the commissioner, in a manner specified by the commissioner.
33.3 		Subd. 8.Employees no longer covered. (a) An employee is no longer covered by an 
33.4 	approved private plan if a leave under this chapter occurs after the employment relationship 
33.5 	with the private plan employer ends, or if the commissioner revokes the approval of the 
33.6 	private plan.
33.7 	(b) An employee no longer covered by an approved private plan is, if otherwise eligible, 
33.8 	immediately entitled to benefits under this chapter to the same extent as though there had 
33.9 	been no approval of the private plan.
33.10 		Subd. 9.Posting of notice regarding private plan. An employer with a private plan 
33.11 	must provide a notice prepared by or approved by the commissioner regarding the private 
33.12 	plan consistent with the provisions of section 268B.22.
33.13 		Subd. 10.Amendment. (a) The commissioner must approve any amendment to a private 
33.14 	plan adjusting the provisions thereof, if the commissioner determines:
33.15 	(1) that the plan, as amended, will conform to the standards set forth in this chapter; and
33.16 	(2) that notice of the amendment has been delivered to all affected employees at least 
33.17 	ten days before the submission of the amendment.
33.18 	(b) Any amendments approved under this subdivision are effective on the date of the 
33.19 	commissioner's approval, unless the commissioner and the employer agree on a later date.
33.20 		Subd. 11.Successor employer. A private plan in effect at the time a successor acquires 
33.21 	the employer organization, trade, or business, or substantially all the assets thereof, or a 
33.22 	distinct and severable portion of the organization, trade, or business, and continues its 
33.23 	operation without substantial reduction of personnel resulting from the acquisition, must 
33.24 	continue the approved private plan and must not withdraw the plan without a specific request 
33.25 	for withdrawal in a manner and at a time specified by the commissioner. A successor may 
33.26 	terminate a private plan with notice to the commissioner and within 90 days from the date 
33.27 	of the acquisition.
33.28 		Subd. 12.Revocation of approval by commissioner. (a) The commissioner may 
33.29 	terminate any private plan if the commissioner determines the employer:
33.30 	(1) failed to pay benefits;
33.31 	(2) failed to pay benefits in a timely manner, consistent with the requirements of this 
33.32 	chapter;
34.1 	(3) failed to submit reports as required by this chapter or rule adopted under this chapter; 
34.2 	or
34.3 	(4) otherwise failed to comply with this chapter or rule adopted under this chapter.
34.4 	(b) The commissioner must give notice of the intention to terminate a plan to the employer 
34.5 	at least ten days before taking any final action. The notice must state the effective date and 
34.6 	the reason for the termination.
34.7 	(c) The employer may, within ten days from mailing or personal service of the notice, 
34.8 	file an appeal to the commissioner in the time, manner, method, and procedure provided by 
34.9 	the commissioner under subdivision 7.
34.10 	(d) The payment of benefits must not be delayed during an employer's appeal of the 
34.11 	revocation of approval of a private plan.
34.12 	(e) If the commissioner revokes approval of an employer's private plan, that employer 
34.13 	is ineligible to apply for approval of another private plan for a period of three years, beginning 
34.14 	on the date of revocation.
34.15 		Subd. 13. Employer penalties. (a) The commissioner may assess the following monetary 
34.16 	penalties against an employer with an approved private plan found to have violated this 
34.17 	chapter:
34.18 	(1) $1,000 for the first violation; and
34.19 	(2) $2,000 for the second, and each successive violation.
34.20 	(b) The commissioner must waive collection of any penalty if the employer corrects the 
34.21 	violation within 30 days of receiving a notice of the violation and the notice is for a first 
34.22 	violation.
34.23 	(c) The commissioner may waive collection of any penalty if the commissioner determines 
34.24 	the violation to be an inadvertent error by the employer.
34.25 	(d) Monetary penalties collected under this section shall be deposited in the account.
34.26 	(e) Assessment of penalties under this subdivision may be appealed as provided by the 
34.27 	commissioner under subdivision 7.
34.28 		Subd. 14.Reports, information, and records. Employers with an approved private 
34.29 	plan must maintain all reports, information, and records as relating to the private plan and 
34.30 	claims for a period of six years from creation and provide to the commissioner upon request.
35.1 		Subd. 15.Audit and investigation. The commissioner may investigate and audit plans 
35.2 	approved under this section both before and after the plans are approved.

35.3 	EFFECTIVE DATE. This section is effective July 1, 2021.

35.4 	Sec. 22. [268B.11] SELF-EMPLOYED AND INDEPENDENT CONTRACTOR 
35.5 	ELECTION OF COVERAGE.
35.6 		Subdivision 1.Election of coverage. (a) A self-employed individual or independent 
35.7 	contractor may file with the commissioner by electronic transmission in a format prescribed 
35.8 	by the commissioner an application to be entitled to benefits under this chapter for a period 
35.9 	not less than 104 consecutive calendar weeks. Upon the approval of the commissioner, sent 
35.10 	by United States mail or electronic transmission, the individual is entitled to benefits under 
35.11 	this chapter beginning the calendar quarter after the date of approval or beginning in a later 
35.12 	calendar quarter if requested by the self-employed individual or independent contractor. 
35.13 	The individual ceases to be entitled to benefits as of the first day of January of any calendar 
35.14 	year only if, at least 30 calendar days before the first day of January, the individual has filed 
35.15 	with the commissioner by electronic transmission in a format prescribed by the commissioner 
35.16 	a notice to that effect.
35.17 	(b) The commissioner may terminate any application approved under this section with 
35.18 	30 calendar days' notice sent by United States mail or electronic transmission if the 
35.19 	self-employed individual is delinquent on any premiums due under this chapter an election 
35.20 	agreement. If an approved application is terminated in this manner during the first 104 
35.21 	consecutive calendar weeks of election, the self-employed individual remains obligated to 
35.22 	pay the premium under subdivision 3 for the remainder of that 104-week period.
35.23 		Subd. 2.Application A self-employed individual who applies for coverage under this 
35.24 	section must provide the commissioner with (1) the amount of the individual's net earnings 
35.25 	from self-employment, if any, from the two most recent taxable years and all tax documents 
35.26 	necessary to prove the accuracy of the amounts reported and (2) any other documentation 
35.27 	the commissioner requires. A self-employed individual who is covered under this chapter 
35.28 	must annually provide the commissioner with the amount of the individual's net earnings 
35.29 	from self-employment within 30 days of filing a federal income tax return.
35.30 		Subd. 3.Premium. A self-employed individual who elects to receive coverage under 
35.31 	this chapter must annually pay a premium equal to one-half the percentage in section 
35.32 	268B.12, subdivision 4, clause (1), times the lesser of:
35.33 	(1) the individual's self-employment premium base; or
36.1 	(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability 
36.2 	Insurance tax.
36.3 		Subd. 4.Benefits. Notwithstanding anything to the contrary, a self-employed individual 
36.4 	who has applied to and been approved for coverage by the commissioner under this section 
36.5 	is entitled to benefits on the same basis as an employee under this chapter, except that a 
36.6 	self-employed individual's weekly benefit amount under section 268B.08, subdivision 1, 
36.7 	must calculated as a percentage of the self-employed individual's self-employment premium 
36.8 	base, rather than wages.

36.9 	EFFECTIVE DATE. This section is effective July 1, 2023.

36.10 	Sec. 23. [268B.12] PREMIUMS.
36.11 		Subdivision 1.Employer. (a) Each person or entity required, or who elected, to register 
36.12 	for a tax account under sections 268.042, 268.045, and 268.046 must pay a premium on the 
36.13 	wages paid to employees in covered employment for each calendar year. The premium must 
36.14 	be paid on all wages up to the maximum specified by this section.
36.15 	(b) Each person or entity required, or who elected, to register for a reimbursable account 
36.16 	under sections 268.042, 268.045, and 268.046 must pay a premium on the wages paid to 
36.17 	employees in covered employment in the same amount and manner as provided by paragraph 
36.18 	(a).
36.19 		Subd. 2.Employee charge back. Notwithstanding section 177.24, subdivision 4, or 
36.20 	181.06, subdivision 1, employers and covered business entities may deduct up to 50 percent 
36.21 	of annual premiums paid under this section from employee wages. Such deductions for any 
36.22 	given employee must be in equal proportion to the premiums paid based on the wages of 
36.23 	that employee, and all employees of an employer must be subject to the same percentage 
36.24 	deduction. Deductions under this section must not cause an employee's wage, after the 
36.25 	deduction, to fall below the rate required to be paid to the worker by law, including any 
36.26 	applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or 
36.27 	other legal authority, whichever rate of pay is greater.
36.28 		Subd. 3.Wages and payments subject to premium. (a) The maximum wages subject 
36.29 	to premium in a calendar year is equal to the maximum earnings in that year subject to the 
36.30 	FICA Old-Age, Survivors, and Disability Insurance tax.
36.31 	(b) The maximum payment amount subject to premium in a calendar year, under 
36.32 	subdivision 1, paragraph (c), is equal to the maximum earnings in that year subject to the 
36.33 	FICA Old-Age, Survivors, and Disability Insurance tax.
37.1 		Subd. 4.Annual premium rates. The employer premium rates for the calendar year 
37.2 	beginning January 1, 2022, shall be as follows:
37.3 	(1) for employers participating in both family and medical benefit programs, 0.6 percent;
37.4 	(2) for an employer participating in only the medical benefit program and with an 
37.5 	approved private plan for the family benefit program, 0.486 percent; and
37.6 	(3) for an employer participating in only the family benefit program and with an approved 
37.7 	private plan for the medical benefit program, 0.114 percent.
37.8 		Subd. 5.Premium rate adjustments. (a) Each calendar year following the calendar 
37.9 	year beginning January 1, 2024, the commissioner must adjust the annual premium rates 
37.10 	using the formula in paragraph (b).
37.11 	(b) To calculate the employer rates for a calendar year, the commissioner must:
37.12 	(1) multiply 1.45 times the amount disbursed from the account for the 52-week period 
37.13 	ending September 30 of the prior year;
37.14 	(2) subtract the amount in the account on that September 30 from the resulting figure;
37.15 	(3) divide the resulting figure by twice the total wages in covered employment of 
37.16 	employees of employers without approved private plans under section 268B.10 for either 
37.17 	the family or medical benefit program. For employers with an approved private plan for 
37.18 	either the medical benefit program or the family benefit program, but not both, count only 
37.19 	the proportion of wages in covered employment associated with the program for which the 
37.20 	employer does not have an approved private plan; and
37.21 	(4) round the resulting figure down to the nearest one-hundredth of one percent.
37.22 	(c) The commissioner must apportion the premium rate between the family and medical 
37.23 	benefit programs based on the relative proportion of expenditures for each program during 
37.24 	the preceding year.
37.25 		Subd. 6.Deposit of premiums. All premiums collected under this section must be 
37.26 	deposited into the account.
37.27 		Subd. 7.Nonpayment of premiums by employer. The failure of an employer to pay 
37.28 	premiums does not impact the right of an employee to benefits, or any other right, under 
37.29 	this chapter.

37.30 	EFFECTIVE DATE. This section is effective January 1, 2022.

38.1 	Sec. 24. [268B.13] COLLECTION OF PREMIUMS.
38.2 		Subdivision 1.Amount computed presumed correct. Any amount due from an 
38.3 	employer, as computed by the commissioner, is presumed to be correctly determined and 
38.4 	assessed, and the burden is upon the employer to show any error. A statement by the 
38.5 	commissioner of the amount due is admissible in evidence in any court or administrative 
38.6 	proceeding and is prima facie evidence of the facts in the statement.
38.7 		Subd. 2.Priority of payments. (a) Any payment received from an employer must be 
38.8 	applied in the following order:
38.9 	(1) premiums due under this chapter; then
38.10 	(2) interest on past due premiums; then
38.11 	(3) penalties, late fees, administrative service fees, and costs.
38.12 	(b) Paragraph (a) is the priority used for all payments received from an employer, 
38.13 	regardless of how the employer may designate the payment to be applied, except when:
38.14 	(1) there is an outstanding lien and the employer designates that the payment made 
38.15 	should be applied to satisfy the lien;
38.16 	(2) a court or administrative order directs that the payment be applied to a specific 
38.17 	obligation;
38.18 	(3) a preexisting payment plan provides for the application of payment; or
38.19 	(4) the commissioner agrees to apply the payment to a different priority.
38.20 		Subd. 3.Costs. (a) Any employer that fails to pay any amount when due under this 
38.21 	chapter is liable for any filing fees, recording fees, sheriff fees, costs incurred by referral 
38.22 	to any public or private collection agency, or litigation costs, including attorney fees, incurred 
38.23 	in the collection of the amounts due.
38.24 	(b) If any tendered payment of any amount due is not honored when presented to a 
38.25 	financial institution for payment, any costs assessed to the department by the financial 
38.26 	institution and a fee of $25 must be assessed to the person.
38.27 	(c) Costs and fees collected under this subdivision are credited to the account.
38.28 		Subd. 4.Interest on amounts past due. If any amounts due from an employer under 
38.29 	this chapter, except late fees, are not received on the date due, the unpaid balance bears 
38.30 	interest at the rate of one percent per month or any part of a month. Interest collected under 
38.31 	this subdivision is payable to the account.
39.1 		Subd. 5.Interest on judgments. Regardless of section 549.09, if judgment is entered 
39.2 	upon any past due amounts from an employer under this chapter, the unpaid judgment bears 
39.3 	interest at the rate specified in subdivision 4 until the date of payment.
39.4 		Subd. 6.Credit adjustments; refunds. (a) If an employer makes an application for a 
39.5 	credit adjustment of any amount paid under this chapter within four years of the date that 
39.6 	the payment was due, in a manner and format prescribed by the commissioner, and the 
39.7 	commissioner determines that the payment or any portion thereof was erroneous, the 
39.8 	commissioner must make an adjustment and issue a credit without interest. If a credit cannot 
39.9 	be used, the commissioner must refund, without interest, the amount erroneously paid. The 
39.10 	commissioner, on the commissioner's own motion, may make a credit adjustment or refund 
39.11 	under this subdivision.
39.12 	(b) Any refund returned to the commissioner is considered unclaimed property under 
39.13 	chapter 345.
39.14 	(c) If a credit adjustment or refund is denied in whole or in part, a determination of denial 
39.15 	must be sent to the employer by United States mail or electronic transmission. The 
39.16 	determination of denial is final unless an employer files an appeal within 20 calendar days 
39.17 	after receipt of the determination.
39.18 	(d) If an employer receives a credit adjustment or refund under this section, the employer 
39.19 	must determine the amount of any overpayment attributable to a deduction from employee 
39.20 	wages under section 268B.12, subdivision 2, and return any amount erroneously deducted 
39.21 	to each affected employee.
39.22 		Subd. 7.Priorities under legal dissolutions or distributions. In the event of any 
39.23 	distribution of an employer's assets according to an order of any court, including any 
39.24 	receivership, assignment for benefit of creditors, adjudicated insolvency, or similar 
39.25 	proceeding, premiums then or thereafter due must be paid in full before all other claims 
39.26 	except claims for wages of not more than $1,000 per former employee that are earned within 
39.27 	six months of the commencement of the proceedings. In the event of an employer's 
39.28 	adjudication in bankruptcy under federal law, premiums then or thereafter due are entitled 
39.29 	to the priority provided in that law for taxes due.

39.30 	EFFECTIVE DATE. This section is effective January 1, 2022.

39.31 	Sec. 25. [268B.14] ADMINISTRATIVE COSTS.
39.32 	From July 1, 2022, through December 31, 2022, the commissioner may spend up to 
39.33 	seven percent of premiums collected under section 268B.13 for administration of this chapter. 
40.1 	Beginning January 1, 2023, and each calendar year thereafter, the commissioner may spend 
40.2 	up to seven percent of projected benefit payments for that calendar year for the administration 
40.3 	of this chapter. The department may enter into interagency agreements with the Department 
40.4 	of Labor and Industry, including agreements to transfer funds, subject to the limit in this 
40.5 	section, for the Department of Labor and Industry to fulfill its enforcement authority of this 
40.6 	chapter.

40.7 	EFFECTIVE DATE. This section is effective July 1, 2022.

40.8 	Sec. 26. [268B.15] PUBLIC OUTREACH.
40.9 	Beginning in fiscal year 2023, the commissioner must use at least 0.5 percent of revenue 
40.10 	collected under this chapter for the purpose of outreach, education, and technical assistance 
40.11 	for employees, employers, and self-employed individuals eligible to elect coverage under 
40.12 	section 268B.11. The department may enter into interagency agreements with the Department 
40.13 	of Labor and Industry, including agreements to transfer funds, subject to the limit in section 
40.14 	268B.14, to accomplish the requirements of this section. At least one-half of the amount 
40.15 	spent under this section must be used for grants to community-based groups.

40.16 	EFFECTIVE DATE. This section is effective July 1, 2022.

40.17 	Sec. 27. [268B.16] APPLICANT'S FALSE REPRESENTATIONS; CONCEALMENT 
40.18 	OF FACTS; PENALTY.
40.19 	(a) Any applicant who knowingly makes a false statement or representation, knowingly 
40.20 	fails to disclose a material fact, or makes a false statement or representation without a 
40.21 	good-faith belief as to the correctness of the statement or representation in order to obtain 
40.22 	or in an attempt to obtain benefits may be assessed, in addition to any other penalties, an 
40.23 	administrative penalty of ineligibility of benefits for 13 to 104 weeks.
40.24 	(b) A determination of ineligibility setting out the weeks the applicant is ineligible must 
40.25 	be sent to the applicant by United States mail or electronic transmission. The determination 
40.26 	is final unless an appeal is filed within 30 calendar days after receipt of the determination.

40.27 	EFFECTIVE DATE. This section is effective July 1, 2023.

40.28 	Sec. 28. [268B.17] EMPLOYER MISCONDUCT; PENALTY.
40.29 	(a) The commissioner must penalize an employer if that employer or any employee, 
40.30 	officer, or agent of that employer is in collusion with any applicant for the purpose of 
41.1 	assisting the applicant in receiving benefits fraudulently. The penalty is $500 or the amount 
41.2 	of benefits determined to be overpaid, whichever is greater.
41.3 	(b) The commissioner must penalize an employer if that employer or any employee, 
41.4 	officer, or agent of that employer:
41.5 	(1) made a false statement or representation knowing it to be false;
41.6 	(2) made a false statement or representation without a good-faith belief as to the 
41.7 	correctness of the statement or representation; or
41.8 	(3) knowingly failed to disclose a material fact.
41.9 	(c) The penalty is the greater of $500 or 50 percent of the following resulting from the 
41.10 	employer's action:
41.11 	(1) the amount of any overpaid benefits to an applicant;
41.12 	(2) the amount of benefits not paid to an applicant that would otherwise have been paid; 
41.13 	or
41.14 	(3) the amount of any payment required from the employer under this chapter that was 
41.15 	not paid.
41.16 	(d) Penalties must be paid within 30 calendar days of issuance of the determination of 
41.17 	penalty and credited to the account.
41.18 	(e) The determination of penalty is final unless the employer files an appeal within 30 
41.19 	calendar days after the sending of the determination of penalty to the employer by United 
41.20 	States mail or electronic transmission.

41.21 	EFFECTIVE DATE. This section is effective January 1, 2022.

41.22 	Sec. 29. [268B.18] RECORDS; AUDITS.
41.23 	(a) Each employer must keep true and accurate records on individuals performing services 
41.24 	for the employer, containing the information the commissioner may require under this 
41.25 	chapter. The records must be kept for a period of not less than four years in addition to the 
41.26 	current calendar year.
41.27 	(b) For the purpose of administering this chapter, the commissioner has the power to 
41.28 	investigate, audit, examine, or cause to be supplied or copied, any books, correspondence, 
41.29 	papers, records, or memoranda that are the property of, or in the possession of, an employer 
41.30 	or any other person at any reasonable time and as often as may be necessary.
42.1 	(c) An employer or other person that refuses to allow an audit of its records by the 
42.2 	department or that fails to make all necessary records available for audit in the state upon 
42.3 	request of the commissioner may be assessed an administrative penalty of $500. The penalty 
42.4 	collected is credited to the account.

42.5 	EFFECTIVE DATE. This section is effective January 1, 2022.

42.6 	Sec. 30. [268B.19] SUBPOENAS; OATHS.
42.7 	(a) The commissioner or benefit judge has authority to administer oaths and affirmations, 
42.8 	take depositions, certify to official acts, and issue subpoenas to compel the attendance of 
42.9 	individuals and the production of documents and other personal property necessary in 
42.10 	connection with the administration of this chapter.
42.11 	(b) Individuals subpoenaed, other than applicants or officers and employees of an 
42.12 	employer that is the subject of the inquiry, must be paid witness fees the same as witness 
42.13 	fees in civil actions in district court. The fees need not be paid in advance.
42.14 	(c) The subpoena is enforceable through the district court in Ramsey County.

42.15 	EFFECTIVE DATE. This section is effective January 1, 2022.

42.16 	Sec. 31. [268B.20] CONCILIATION SERVICES.
42.17 	The Department of Labor and Industry may offer conciliation services to employers and 
42.18 	employees to resolve disputes concerning alleged violations of employment protections 
42.19 	identified in section 268B.09.

42.20 	EFFECTIVE DATE. This section is effective July 1, 2023.

42.21 	Sec. 32. [268B.21] ANNUAL REPORTS.
42.22 	(a) Annually, beginning on or before December 1, 2022, the commissioner must report 
42.23 	to the Department of Management and Budget and the house of representatives and senate 
42.24 	committee chairs with jurisdiction over this chapter on program administrative expenditures 
42.25 	and revenue collection for the prior fiscal year, including but not limited to:
42.26 	(1) total revenue raised through premium collection;
42.27 	(2) the number of self-employed individuals or independent contractors electing coverage 
42.28 	under section 268B.11 and amount of associated revenue;
42.29 	(3) the number of covered business entities paying premiums under this chapter and 
42.30 	associated revenue;
43.1 	(4) administrative expenditures including transfers to other state agencies expended in 
43.2 	the administration of the chapter;
43.3 	(5) summary of contracted services expended in the administration of this chapter;
43.4 	(6) grant amounts and recipients under section 268B.15;
43.5 	(7) an accounting of required outreach expenditures;
43.6 	(8) summary of private plan approvals including the number of employers and employees 
43.7 	covered under private plans; and
43.8 	(9) adequacy and use of the private plan approval and oversight fee.
43.9 	(b) Annually, beginning on or before December 1, 2023, the commissioner must publish 
43.10 	a publicly available report providing the following information for the previous fiscal year:
43.11 	(1) total eligible claims;
43.12 	(2) the number and percentage of claims attributable to each category of benefit;
43.13 	(3) claimant demographics by age, gender, average weekly wage, occupation, and the 
43.14 	type of leave taken;
43.15 	(4) the percentage of claims denied and the reasons therefor, including, but not limited 
43.16 	to insufficient information and ineligibility and the reason therefor;
43.17 	(5) average weekly benefit amount paid for all claims and by category of benefit;
43.18 	(6) changes in the benefits paid compared to previous fiscal years;
43.19 	(7) processing times for initial claims processing, initial determinations, and final 
43.20 	decisions;
43.21 	(8) average duration for cases completed; and
43.22 	(9) the number of cases remaining open at the close of such year.

43.23 	EFFECTIVE DATE. This section is effective January 1, 2022.

43.24 	Sec. 33. [268B.22] NOTICE REQUIREMENTS.
43.25 	(a) Each employer must post in a conspicuous place on each of its premises a workplace 
43.26 	notice prepared or approved by the commissioner providing notice of benefits available 
43.27 	under this chapter. The required workplace notice must be in English and each language 
43.28 	other than English which is the primary language of five or more employees or independent 
43.29 	contractors  of that workplace, if such notice is available from the department.
44.1 	(b) Each employer must issue to each employee not more than 30 days from the beginning 
44.2 	date of the employee's employment, or 30 days before premium collection begins, which 
44.3 	ever is later, the following written information provided or approved by the department in 
44.4 	the primary language of the employee:
44.5 	(1) an explanation of the availability of family and medical leave benefits provided under 
44.6 	this chapter, including rights to reinstatement and continuation of health insurance;
44.7 	(2) the amount of premium deductions made by the employer under this chapter;
44.8 	(3) the employer's premium amount and obligations under this chapter;
44.9 	(4) the name and mailing address of the employer;
44.10 	(5) the identification number assigned to the employer by the department;
44.11 	(6) instructions on how to file a claim for family and medical leave benefits;
44.12 	(7) the mailing address, e-mail address, and telephone number of the department; and
44.13 	(8) any other information required by the department.
44.14 	Delivery is made when an employee provides written acknowledgment of receipt of the 
44.15 	information, or signs a statement indicating the employee's refusal to sign such 
44.16 	acknowledgment.
44.17 	(c) Each employer shall provide to each independent contractor with whom it contracts, 
44.18 	at the time such contract is made or, for existing contracts, within 30 days of the effective 
44.19 	date of this section, the following written information provided or approved by the department 
44.20 	in the self-employed individual's primary language:
44.21 	(1) the address and telephone number of the department; and
44.22 	(2) any other information required by the department.
44.23 	(d) An employer that fails to comply with this subsection may be issued, for a first 
44.24 	violation, a civil penalty of $50 per employee and per independent contractor with whom 
44.25 	it has contracted, and for each subsequent violation, a civil penalty of $300 per employee 
44.26 	or self-employed individual with whom it has contracted. The employer  shall have the 
44.27 	burden of demonstrating compliance with this section.
44.28 	(e) Employer notice to an employee under this section may be provided in paper or 
44.29 	electronic format. For notice provided in electronic format only, the employer must provide 
44.30 	employee access to an employer-owner computer during an employee's regular working 
44.31 	hours to review and print required notices.

45.1 	EFFECTIVE DATE. This section is effective July 1, 2023.

45.2 	Sec. 34. [268B.23] RELATIONSHIP TO OTHER LEAVE; CONSTRUCTION.
45.3 		Subdivision 1.Concurrent leave. An employer may require leave taken under this 
45.4 	chapter to run concurrently with leave taken for the same purpose under section 181.941 
45.5 	or the Family and Medical Leave Act, United States Code, title 29, sections 2601 to 2654, 
45.6 	as amended.
45.7 		Subd. 2.Construction. Nothing in this chapter shall be construed to:
45.8 	(1) allow an employer to compel an employee to exhaust accumulated sick, vacation, 
45.9 	or personal time before or while taking leave under this chapter;
45.10 	(2) prohibit an employer from providing additional benefits, including, but not limited 
45.11 	to, covering the portion of earnings not provided under this chapter during periods of leave 
45.12 	covered under this chapter; or
45.13 	(3) limit the parties to a collective bargaining agreement from bargaining and agreeing 
45.14 	with respect to leave benefits and related procedures and employee protections that meet 
45.15 	or exceed, and do not otherwise conflict with, the minimum standards and requirements in 
45.16 	this chapter.

45.17 	EFFECTIVE DATE. This section is effective July 1, 2023.

45.18 	Sec. 35. [268B.24] SMALL BUSINESS ASSISTANCE GRANTS.
45.19 	(a) Employers with 50 or fewer employees may apply to the department for grants under 
45.20 	this section.
45.21 	(b) The commissioner may approve a grant of up to $3,000 if the employer hires a 
45.22 	temporary worker to replace an employee on family or medical leave for a period of seven 
45.23 	days or more.
45.24 	(c) For an employee's family or medical leave, the commissioner may approve a grant 
45.25 	of up to $1,000 as reimbursement for significant additional wage-related costs due to the 
45.26 	employee's leave.
45.27 	(d) To be eligible for consideration for a grant under this section, the employer must 
45.28 	provide the department written documentation showing the temporary worker hired or 
45.29 	significant wage-related costs incurred are due to an employee's use of leave under this 
45.30 	chapter.
45.31 	(e) The grants under this section may be funded from the account.
46.1 	(f) For the purposes of this section, the commissioner shall average the number of 
46.2 	employees reported by an employer over the last four completed calendar quarters to 
46.3 	determine the size of the employer.
46.4 	(g) An employer who has an approved private plan is not eligible to receive a grant under 
46.5 	this section.
46.6 	(h) The commissioner may award grants under this section only up to a maximum of 
46.7 	$5,000,000 per calendar year.

46.8 	EFFECTIVE DATE. This section is effective July 1, 2023.

46.9 	Sec. 36. FAMILY AND MEDICAL BENEFITS; APPROPRIATIONS.
 46.10 	(a) $10,828,000 in fiscal year 2021 is appropriated from the general fund to the 
46.11 	commissioner of employment and economic development for the purposes of Minnesota 
46.12 	Statutes, chapter 268B. The general fund base amount for fiscal year 2022 is $18,275,000 
46.13 	and for fiscal year 2023 is $14,662,000 and for fiscal year 2024 is $15,376,000. The general 
46.14 	fund base amount in fiscal year 2025 and beyond is $11,715,000.
46.15 	(b) $630,000 in fiscal year 2022 is appropriated from the general fund to the commissioner 
46.16 	of employment and economic development for the purpose of outreach, education, and 
46.17 	technical assistance for employees and employers regarding Minnesota Statutes, chapter 
46.18 	268B. Of the amount appropriated, at least half must be used for grants to community-based 
46.19 	groups providing outreach, education, and technical assistance for employees, employers, 
46.20 	and self-employed individuals regarding Minnesota Statutes, chapter 268B. This outreach 
46.21 	must include efforts to notify self-employed individuals of their ability to elect coverage 
46.22 	under Minnesota Statutes, section 268B.11, and provide them with technical assistance in 
46.23 	doing so. The general fund base amount for fiscal year 2023 and beyond is $630,000.
46.24 	(c) $528,000 in fiscal year 2021 is appropriated from the general fund to the commissioner 
46.25 	of labor and industry for the purposes of Minnesota Statutes, chapter 268B. The general 
46.26 	fund base amount for fiscal year 2022 is $518,000 and for fiscal year 2023 is $468,000 and 
46.27 	for fiscal year 2024 is $618,000.
46.28 	(d) $574,000 in fiscal year 2022 is appropriated from the general fund to the commissioner 
46.29 	of human services for information technology system costs associated with Minnesota 
46.30 	Statutes, chapter 268B.
46.31 	(e) $28,000 in fiscal year 2021 is appropriated from the general fund to the commissioner 
46.32 	of management and budget for the purposes of Minnesota Statutes, chapter 268B. The 
46.33 	general fund base amount for fiscal year 2022 is $93,000 and for fiscal year 2023 is $21,000.
47.1 	(f) $20,000 in fiscal year is appropriated to the supreme court for judicial responsibilities 
47.2 	associated with Minnesota Statutes, chapter 268B. This is a onetime appropriation.

47.3 	EFFECTIVE DATE. This section is effective July 1, 2020.

47.4 	Sec. 37. APPROPRIATION.
 47.5 		Subdivision 1.Department of Education. The sums in this section are appropriated 
47.6 	from the general fund to the commissioner of education in the fiscal year designated.
47.7 		Subd. 2.Paraprofessional training. For compensation associated with paid orientation 
47.8 	and professional development for paraprofessionals under Minnesota Statutes, section 
47.9 	125A.08:

47.10 | | $ | ....... | ..... | 2021
47.11 		Subd. 3.Nonlicensed school personnel. For increasing the minimum starting salary for 
47.12 	nonlicensed personnel to $15 per hour.

47.13 | | $ | ....... | ..... | 2021

47.14 	Sec. 38. EFFECTIVE DATE; APPLICATION.
 47.15 	Benefits under Minnesota Statutes, chapter 268B, shall not be applied for or paid until 
47.16 	July 1, 2023, and thereafter.