HF 7

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2021 03:58pm

A bill for an act
relating to employment; providing for earned sick and safe time; appropriating
money; authorizing rulemaking; imposing civil penalties; requiring reports;
amending Minnesota Statutes 2020, sections 177.27, subdivisions 2, 4, 7; 181.942,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 177;
181; repealing Minnesota Statutes 2020, section 181.9413.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

EARNED SICK AND SAFE TIME

Section 1.

Minnesota Statutes 2020, section 181.942, subdivision 1, is amended to read:

Subdivision 1.

Comparable position.

(a) An employee returning from a leave of absence
under section 181.941 is entitled to return to employment in the employee's former position
or in a position of comparable duties, number of hours, and pay. An employee returning
from a leave of absence longer than one month must notify a supervisor at least two weeks
prior to return from leave. An employee returning from a leave under section 181.9412 or
deleted text begin 181.9413 deleted text end new text begin sections 181.9445 to 181.9448 new text end is entitled to return to employment in the employee's
former position.

(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a
layoff and the employee would have lost a position had the employee not been on leave,
pursuant to the good faith operation of a bona fide layoff and recall system, including a
system under a collective bargaining agreement, the employee is not entitled to reinstatement
in the former or comparable position. In such circumstances, the employee retains all rights
under the layoff and recall system, including a system under a collective bargaining
agreement, as if the employee had not taken the leave.

Sec. 2.

new text begin [181.9445] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of section 177.50 and sections 181.9445
to 181.9447, the terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and industry
or authorized designee or representative.
new text end

new text begin Subd. 3. new text end

new text begin Domestic abuse. new text end

new text begin "Domestic abuse" has the meaning given in section 518B.01.
new text end

new text begin Subd. 4. new text end

new text begin Earned sick and safe time. new text end

new text begin "Earned sick and safe time" means leave, including
paid time off and other paid leave systems, that is paid at the same hourly rate as an employee
earns from employment that may be used for the same purposes and under the same
conditions as provided under section 181.9447.
new text end

new text begin Subd. 5. new text end

new text begin Employee. new text end

new text begin "Employee" means any person who is employed by an employer,
including temporary and part-time employees, who performs work for at least 80 hours in
a year for that employer in Minnesota. Employee does not include:
new text end

new text begin (1) an independent contractor; or
new text end

new text begin (2) an individual employed by an air carrier as a flight deck or cabin crew member who
is subject to United States Code, title 45, sections 181 to 188, and who is provided with
paid leave equal to or exceeding the amounts in section 181.9446.
new text end

new text begin Subd. 6. new text end

new text begin Employer. new text end

new text begin "Employer" means a person who has one or more employees.
Employer includes an individual, a corporation, a partnership, an association, a business
trust, a nonprofit organization, a group of persons, a state, county, town, city, school district,
or other governmental subdivision. In the event that a temporary employee is supplied by
a staffing agency, absent a contractual agreement stating otherwise, that individual shall be
an employee of the staffing agency for all purposes of section 177.50 and sections 181.9445
to 181.9448.
new text end

new text begin Subd. 7. new text end

new text begin Family member. new text end

new text begin "Family member" means:
new text end

new text begin (1) an employee's:
new text end

new text begin (i) child, foster child, adult child, legal ward, or child for whom the employee is legal
guardian;
new text end

new text begin (ii) spouse or registered domestic partner;
new text end

new text begin (iii) sibling, stepsibling, or foster sibling;
new text end

new text begin (iv) parent or stepparent;
new text end

new text begin (v) grandchild, foster grandchild, or stepgrandchild; or
new text end

new text begin (vi) grandparent or stepgrandparent;
new text end

new text begin (2) any of the family members listed in clause (1) of a spouse or registered domestic
partner;
new text end

new text begin (3) any individual related by blood or affinity whose close association with the employee
is the equivalent of a family relationship; and
new text end

new text begin (4) up to one individual annually designated by the employee.
new text end

new text begin Subd. 8. new text end

new text begin Health care professional. new text end

new text begin "Health care professional" means any person licensed
under federal or state law to provide medical or emergency services, including doctors,
physician assistants, nurses, and emergency room personnel.
new text end

new text begin Subd. 9. new text end

new text begin Prevailing wage rate. new text end

new text begin "Prevailing wage rate" has the meaning given in section
177.42 and as calculated by the Department of Labor and Industry.
new text end

new text begin Subd. 10. new text end

new text begin Retaliatory personnel action. new text end

new text begin "Retaliatory personnel action" means:
new text end

new text begin (1) any form of intimidation, threat, reprisal, harassment, discrimination, or adverse
employment action, including discipline, discharge, suspension, transfer, or reassignment
to a lesser position in terms of job classification, job security, or other condition of
employment; reduction in pay or hours or denial of additional hours; the accumulation of
points under an attendance point system; informing another employer that the person has
engaged in activities protected by this chapter; or reporting or threatening to report the actual
or suspected citizenship or immigration status of an employee, former employee, or family
member of an employee to a federal, state, or local agency; and
new text end

new text begin (2) interference with or punishment for participating in any manner in an investigation,
proceeding, or hearing under this chapter.
new text end

new text begin Subd. 11. new text end

new text begin Sexual assault. new text end

new text begin "Sexual assault" means an act that constitutes a violation
under sections 609.342 to 609.3453 or 609.352.
new text end

new text begin Subd. 12. new text end

new text begin Stalking. new text end

new text begin "Stalking" has the meaning given in section 609.749.
new text end

new text begin Subd. 13. new text end

new text begin Year. new text end

new text begin "Year" means a regular and consecutive 12-month period, as determined
by an employer and clearly communicated to each employee of that employer.
new text end

Sec. 3.

new text begin [181.9446] ACCRUAL OF EARNED SICK AND SAFE TIME.
new text end

new text begin (a) An employee accrues a minimum of one hour of earned sick and safe time for every
30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
Employees may not accrue more than 48 hours of earned sick and safe time in a year unless
the employer agrees to a higher amount.
new text end

new text begin (b) Employers must permit an employee to carry over accrued but unused sick and safe
time into the following year. The total amount of accrued but unused earned sick and safe
time for an employee must not exceed 80 hours at any time, unless an employer agrees to
a higher amount.
new text end

new text begin (c) Employees who are exempt from overtime requirements under United States Code,
title 29, section 213(a)(1), as amended through the effective date of this section, are deemed
to work 40 hours in each workweek for purposes of accruing earned sick and safe time,
except that an employee whose normal workweek is less than 40 hours will accrue earned
sick and safe time based on the normal workweek.
new text end

new text begin (d) Earned sick and safe time under this section begins to accrue at the commencement
of employment of the employee.
new text end

new text begin (e) Employees may use accrued earned sick and safe time beginning 90 calendar days
after the day their employment commenced. After 90 days from the day employment
commenced, employees may use earned sick and safe time as it is accrued. The
90-calendar-day period under this paragraph includes both days worked and days not worked.
new text end

Sec. 4.

new text begin [181.9447] USE OF EARNED SICK AND SAFE TIME.
new text end

new text begin Subdivision 1. new text end

new text begin Eligible use. new text end

new text begin An employee may use accrued earned sick and safe time
for:
new text end

new text begin (1) an employee's:
new text end

new text begin (i) mental or physical illness, injury, or other health condition;
new text end

new text begin (ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury,
or health condition; or
new text end

new text begin (iii) need for preventive medical or health care;
new text end

new text begin (2) care of a family member:
new text end

new text begin (i) with a mental or physical illness, injury, or other health condition;
new text end

new text begin (ii) who needs medical diagnosis, care, or treatment of a mental or physical illness,
injury, or other health condition; or
new text end

new text begin (iii) who needs preventive medical or health care;
new text end

new text begin (3) absence due to domestic abuse, sexual assault, or stalking of the employee or
employee's family member, provided the absence is to:
new text end

new text begin (i) seek medical attention related to physical or psychological injury or disability caused
by domestic abuse, sexual assault, or stalking;
new text end

new text begin (ii) obtain services from a victim services organization;
new text end

new text begin (iii) obtain psychological or other counseling;
new text end

new text begin (iv) seek relocation due to domestic abuse, sexual assault, or stalking; or
new text end

new text begin (v) seek legal advice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault,
or stalking;
new text end

new text begin (4) closure of the employee's place of business due to weather or other public emergency
or an employee's need to care for a family member whose school or place of care has been
closed due to weather or other public emergency; and
new text end

new text begin (5) when it has been determined by the health authorities having jurisdiction or by a
health care professional that the presence of the employee or family member of the employee
in the community would jeopardize the health of others because of the exposure of the
employee or family member of the employee to a communicable disease, whether or not
the employee or family member has actually contracted the communicable disease.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin An employer may require notice of the need for use of earned sick and
safe time as provided in this paragraph. If the need for use is foreseeable, an employer may
require advance notice of the intention to use earned sick and safe time but must not require
more than seven days' advance notice. If the need is unforeseeable, an employer may require
an employee to give notice of the need for earned sick and safe time as soon as practicable.
new text end

new text begin Subd. 3. new text end

new text begin Documentation. new text end

new text begin When an employee uses earned sick and safe time for more
than three consecutive days, an employer may require reasonable documentation that the
earned sick and safe time is covered by subdivision 1. For earned sick and safe time under
subdivision 1, clauses (1) and (2), reasonable documentation may include a signed statement
by a health care professional indicating the need for use of earned sick and safe time. For
earned sick and safe time under subdivision 1, clause (3), an employer must accept a court
record or documentation signed by a volunteer or employee of a victims services organization,
an attorney, a police officer, or an antiviolence counselor as reasonable documentation. An
employer must not require disclosure of details relating to domestic abuse, sexual assault,
or stalking or the details of an employee's or an employee's family member's medical
condition as related to an employee's request to use earned sick and safe time under this
section.
new text end

new text begin Subd. 4. new text end

new text begin Replacement worker. new text end

new text begin An employer may not require, as a condition of an
employee using earned sick and safe time, that the employee seek or find a replacement
worker to cover the hours the employee uses as earned sick and safe time.
new text end

new text begin Subd. 5. new text end

new text begin Increment of time used. new text end

new text begin Earned sick and safe time may be used in the smallest
increment of time tracked by the employer's payroll system, provided such increment is not
more than four hours.
new text end

new text begin Subd. 6. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer shall not take retaliatory personnel action
against an employee because the employee has requested earned sick and safe time, used
earned sick and safe time, requested a statement of accrued sick and safe time, or made a
complaint or filed an action to enforce a right to earned sick and safe time under this section.
new text end

new text begin Subd. 7. new text end

new text begin Reinstatement to comparable position after leave. new text end

new text begin An employee returning
from a leave under this section is entitled to return to employment in a comparable position.
If, during a leave under this section, the employer experiences a layoff and the employee
would have lost a position had the employee not been on leave, pursuant to the good faith
operation of a bona fide layoff and recall system, including a system under a collective
bargaining agreement, the employee is not entitled to reinstatement in the former or
comparable position. In such circumstances, the employee retains all rights under the layoff
and recall system, including a system under a collective bargaining agreement, as if the
employee had not taken the leave.
new text end

new text begin Subd. 8. new text end

new text begin Pay and benefits after leave. new text end

new text begin An employee returning from a leave under this
section is entitled to return to employment at the same rate of pay the employee had been
receiving when the leave commenced, plus any automatic adjustments in the employee's
pay scale that occurred during leave period. The employee returning from a leave is entitled
to retain all accrued preleave benefits of employment and seniority as if there had been no
interruption in service, provided that nothing under this section prevents the accrual of
benefits or seniority during the leave pursuant to a collective bargaining or other agreement
between the employer and employees.
new text end

new text begin Subd. 9. new text end

new text begin Part-time return from leave. new text end

new text begin An employee, by agreement with the employer,
may return to work part time during the leave period without forfeiting the right to return
to employment at the end of the leave, as provided under this section.
new text end

new text begin Subd. 10. new text end

new text begin Notice and posting by employer. new text end

new text begin (a) Employers must give notice to all
employees that they are entitled to earned sick and safe time, including the amount of earned
sick and safe time, the accrual year for the employee, and the terms of its use under this
section; that retaliation against employees who request or use earned sick and safe time is
prohibited; and that each employee has the right to file a complaint or bring a civil action
if earned sick and safe time is denied by the employer or the employee is retaliated against
for requesting or using earned sick and safe time.
new text end

new text begin (b) Employers must supply employees with a notice in English and other appropriate
languages that contains the information required in paragraph (a) at commencement of
employment or the effective date of this section, whichever is later.
new text end

new text begin (c) The means used by the employer must be at least as effective as the following options
for providing notice:
new text end

new text begin (1) posting a copy of the notice at each location where employees perform work and
where the notice must be readily observed and easily reviewed by all employees performing
work; or
new text end

new text begin (2) providing a paper or electronic copy of the notice to employees.
new text end

new text begin The notice must contain all information required under paragraph (a). The commissioner
shall create and make available to employers a poster and a model notice that contains the
information required under paragraph (a) for their use in complying with this section.
new text end

new text begin (d) An employer that provides an employee handbook to its employees must include in
the handbook notice of employee rights and remedies under this section.
new text end

new text begin Subd. 11. new text end

new text begin Required statement to employee. new text end

new text begin (a) Upon request of the employee, the
employer must provide, in writing or electronically, current information stating the
employee's amount of:
new text end

new text begin (1) earned sick and safe time available to the employee; and
new text end

new text begin (2) used earned sick and safe time.
new text end

new text begin (b) Employers may choose a reasonable system for providing the information in paragraph
(a), including but not limited to listing information on each pay stub or developing an online
system where employees can access their own information.
new text end

new text begin Subd. 12. new text end

new text begin Employer records. new text end

new text begin (a) Employers shall retain accurate records documenting
hours worked by employees and earned sick and safe time taken and comply with all
requirements under section 177.30.
new text end

new text begin (b) An employer must allow an employee to inspect records required by this section and
relating to that employee at a reasonable time and place.
new text end

new text begin Subd. 13. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin (a) If, in conjunction with this section,
an employer possesses:
new text end

new text begin (1) health or medical information regarding an employee or an employee's family
member;
new text end

new text begin (2) information pertaining to domestic abuse, sexual assault, or stalking;
new text end

new text begin (3) information that the employee has requested or obtained leave under this section; or
new text end

new text begin (4) any written or oral statement, documentation, record, or corroborating evidence
provided by the employee or an employee's family member, the employer must treat such
information as confidential.
new text end

new text begin Information given by an employee may only be disclosed by an employer if the disclosure
is requested or consented to by the employee, when ordered by a court or administrative
agency, or when otherwise required by federal or state law.
new text end

new text begin (b) Records and documents relating to medical certifications, recertifications, or medical
histories of employees or family members of employees created for purposes of section
177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records
separate from the usual personnel files. At the request of the employee, the employer must
destroy or return the records required by sections 181.9445 to 181.9448 that are older than
three years prior to the current calendar year.
new text end

new text begin (c) Employers may not discriminate against any employee based on records created for
the purposes of section 177.50 or sections 181.9445 to 181.9448.
new text end

Sec. 5.

new text begin [181.9448] EFFECT ON OTHER LAW OR POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin No effect on more generous sick and safe time policies. new text end

new text begin (a) Nothing
in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting
or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9447.
new text end

new text begin (b) Nothing in sections 181.9445 to 181.9447 shall be construed to limit the right of
parties to a collective bargaining agreement to bargain and agree with respect to earned sick
and safe time policies or to diminish the obligation of an employer to comply with any
contract, collective bargaining agreement, or any employment benefit program or plan that
meets or exceeds, and does not otherwise conflict with, the minimum standards and
requirements provided in this section.
new text end

new text begin (c) Employers who provide earned sick and safe time to their employees under a paid
time off policy or other paid leave policy that meets or exceeds, and does not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9448 are not required to provide additional earned sick and safe time.
new text end

new text begin (d) An employer may opt to satisfy the requirements of sections 181.9445 to 181.9448
for construction industry employees by:
new text end

new text begin (1) paying at least the prevailing wage rate as defined by section 177.42 and as calculated
by the Department of Labor and Industry; or
new text end

new text begin (2) paying at least the required rate established in a registered apprenticeship agreement
for apprentices registered with the Department of Labor and Industry.
new text end

new text begin An employer electing this option is deemed to be in compliance with sections 181.9445 to
181.9448 for construction industry employees who receive either at least the prevailing
wage rate or the rate required in the applicable apprenticeship agreement regardless of
whether the employees are working on private or public projects.
new text end

new text begin (e) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy
whereby employees may donate unused accrued sick and safe time to another employee.
new text end

new text begin (f) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and
safe time to an employee before accrual by the employee.
new text end

new text begin Subd. 2. new text end

new text begin Termination; separation; transfer. new text end

new text begin Sections 181.9445 to 181.9448 do not
require financial or other reimbursement to an employee from an employer upon the
employee's termination, resignation, retirement, or other separation from employment for
accrued earned sick and safe time that has not been used. If an employee is transferred to
a separate division, entity, or location, but remains employed by the same employer, the
employee is entitled to all earned sick and safe time accrued at the prior division, entity, or
location and is entitled to use all earned sick and safe time as provided in sections 181.9445
to 181.9448. When there is a separation from employment and the employee is rehired
within 180 days of separation by the same employer, previously accrued earned sick and
safe time that had not been used must be reinstated. An employee is entitled to use accrued
earned sick and safe time and accrue additional earned sick and safe time at the
commencement of reemployment.
new text end

new text begin Subd. 3. new text end

new text begin Employer succession. new text end

new text begin (a) When a different employer succeeds or takes the
place of an existing employer, all employees of the original employer who remain employed
by the successor employer are entitled to all earned sick and safe time accrued but not used
when employed by the original employer, and are entitled to use all earned sick and safe
time previously accrued but not used.
new text end

new text begin (b) If, at the time of transfer of the business, employees are terminated by the original
employer and hired within 30 days by the successor employer following the transfer, those
employees are entitled to all earned sick and safe time accrued but not used when employed
by the original employer, and are entitled to use all earned sick and safe time previously
accrued but not used.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 181.9413, new text end new text begin is repealed.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective 180 days following final enactment.
new text end

ARTICLE 2

EARNED SICK AND SAFE TIME ENFORCEMENT

Section 1.

Minnesota Statutes 2020, section 177.27, subdivision 2, is amended to read:

Subd. 2.

Submission of records; penalty.

The commissioner may require the employer
of employees working in the state to submit to the commissioner photocopies, certified
copies, or, if necessary, the originals of employment records which the commissioner deems
necessary or appropriate. The records which may be required include full and correct
statements in writing, including sworn statements by the employer, containing information
relating to wages, hours, names, addresses, and any other information pertaining to the
employer's employees and the conditions of their employment as the commissioner deems
necessary or appropriate.

The commissioner may require the records to be submitted by certified mail delivery
or, if necessary, by personal delivery by the employer or a representative of the employer,
as authorized by the employer in writing.

The commissioner may fine the employer up to deleted text begin $1,000 deleted text end new text begin $10,000 new text end for each failure to submit
or deliver records as required by this section deleted text begin , and up to $5,000 for each repeated failure deleted text end .
This penalty is in addition to any penalties provided under section 177.32, subdivision 1.
In determining the amount of a civil penalty under this subdivision, the appropriateness of
such penalty to the size of the employer's business and the gravity of the violation shall be
considered.

Sec. 2.

Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text begin and deleted text end 181.939 to 181.943, new text begin and 181.9445 to 181.9448, new text end or
with any rule promulgated under section 177.28. The commissioner shall issue an order
requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435 and the order is final or the commissioner and
the employer have entered into a settlement agreement that required the employer to pay
back wages that were required by sections 177.41 to 177.435. The department shall serve
the order upon the employer or the employer's authorized representative in person or by
certified mail at the employer's place of business. An employer who wishes to contest the
order must file written notice of objection to the order with the commissioner within 15
calendar days after being served with the order. A contested case proceeding must then be
held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.

Sec. 3.

Minnesota Statutes 2020, section 177.27, subdivision 7, is amended to read:

Subd. 7.

Employer liability.

If an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28, and
the commissioner issues an order to comply, the commissioner shall order the employer to
cease and desist from engaging in the violative practice and to take such affirmative steps
that in the judgment of the commissioner will effectuate the purposes of the section or rule
violated. The commissioner shall order the employer to pay to the aggrieved parties back
pay, gratuities, and compensatory damages, less any amount actually paid to the employee
by the employer, and for an additional equal amount as liquidated damages. Any employer
who is found by the commissioner to have repeatedly or willfully violated a section or
sections identified in subdivision 4 shall be subject to a civil penalty of up to deleted text begin $1,000 deleted text end new text begin $10,000
new text end for each violation for each employee. In determining the amount of a civil penalty under
this subdivision, the appropriateness of such penalty to the size of the employer's business
and the gravity of the violation shall be considered. In addition, the commissioner may order
the employer to reimburse the department and the attorney general for all appropriate
litigation and hearing costs expended in preparation for and in conducting the contested
case proceeding, unless payment of costs would impose extreme financial hardship on the
employer. If the employer is able to establish extreme financial hardship, then the
commissioner may order the employer to pay a percentage of the total costs that will not
cause extreme financial hardship. Costs include but are not limited to the costs of services
rendered by the attorney general, private attorneys if engaged by the department,
administrative law judges, court reporters, and expert witnesses as well as the cost of
transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's
order from the date the order is signed by the commissioner until it is paid, at an annual rate
provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish
escrow accounts for purposes of distributing damages.

Sec. 4.

new text begin [177.50] EARNED SICK AND SAFE TIME ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in section 181.9445 apply to this section.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking authority. new text end

new text begin The commissioner may adopt rules to carry out the
purposes of this section and sections 181.9445 to 181.9448.
new text end

new text begin Subd. 3. new text end

new text begin Individual remedies. new text end

new text begin In addition to any other remedies provided by law, a
person injured by a violation of sections 181.9445 to 181.9448 may bring a civil action to
recover general and special damages, along with costs, fees, and reasonable attorney fees,
and may receive injunctive and other equitable relief as determined by a court. An action
to recover damages under this subdivision must be commenced within three years of the
violation of sections 181.9445 to 181.9448 that caused the injury to the employee.
new text end

new text begin Subd. 4. new text end

new text begin Grants to community organizations. new text end

new text begin The commissioner may make grants to
community organizations for the purpose of outreach to and education for employees
regarding their rights under sections 181.9445 to 181.9448. The community-based
organizations must be selected based on their experience, capacity, and relationships in
high-violation industries. The work under such a grant may include the creation and
administration of a statewide worker hotline.
new text end

new text begin Subd. 5. new text end

new text begin Report to legislature. new text end

new text begin (a) The commissioner must submit an annual report to
the legislature, including to the chairs and ranking minority members of any relevant
legislative committee. The report must include, but is not limited to:
new text end

new text begin (1) a list of all violations of sections 181.9445 to 181.9448, including the employer
involved, and the nature of any violations; and
new text end

new text begin (2) an analysis of noncompliance with sections 181.9445 to 181.9448, including any
patterns by employer, industry, or county.
new text end

new text begin (b) A report under this section must not include an employee's name or other identifying
information, any health or medical information regarding an employee or an employee's
family member, or any information pertaining to domestic abuse, sexual assault, or stalking
of an employee or an employee's family member.
new text end

new text begin Subd. 6. new text end

new text begin Contract for labor or services. new text end

new text begin It is the responsibility of all employers to not
enter into any contract or agreement for labor or services where the employer has any actual
knowledge or knowledge arising from familiarity with the normal facts and circumstances
of the business activity engaged in, or has any additional facts or information that, taken
together, would make a reasonably prudent person undertake to inquire whether, taken
together, the contractor is not complying or has failed to comply with this section. For
purposes of this subdivision, "actual knowledge" means information obtained by the employer
that the contractor has violated this section within the past two years and has failed to present
the employer with credible evidence that such noncompliance has been cured going forward.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment.
new text end

ARTICLE 3

EARNED SICK AND SAFE TIME APPROPRIATIONS

Section 1. new text begin EARNED SICK AND SAFE TIME APPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the
general fund to the commissioner of labor and industry for enforcement and other duties
regarding earned sick and safe time under Minnesota Statutes, sections 181.9445 to 181.9448,
and chapter 177. In fiscal year 2024, the base is $........
new text end

new text begin (b) $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the
general fund to the commissioner of management and budget for costs associated with
earned sick and safe time under Minnesota Statutes, sections 181.9445 to 181.9448.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-00990

181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.

(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets.

(b) An employee may use sick leave as allowed under this section for safety leave, whether or not the employee's employer allows use of sick leave for that purpose for such reasonable periods of time as may be necessary. Safety leave may be used for assistance to the employee or assistance to the relatives described in paragraph (a). For the purpose of this section, "safety leave" is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or harassment or stalking. For the purpose of this paragraph:

(1) "domestic abuse" has the meaning given in section 518B.01;

(2) "sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352; and

(3) "harass" and "stalking" have the meanings given in section 609.749.

(c) An employer may limit the use of safety leave as described in paragraph (b) or personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period. This paragraph does not apply to absences due to the illness or injury of a child, as defined in section 181.940, subdivision 4.

(d) For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits.

(e) For the purpose of this section, "child" includes a stepchild and a biological, adopted, and foster child.

(f) For the purpose of this section, "grandchild" includes a step-grandchild, and a biological, adopted, and foster grandchild.

(g) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section.

(h) An employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.