1.1 	A bill for an act
1.2 	relating to employment; providing for earned sick and safe time; requiring a report; 
1.3 	authorizing rulemaking; appropriating money;amending Minnesota Statutes 2022, 
1.4 	sections 177.27, subdivisions 2, 4, 7; 181.942, subdivision 1; proposing coding 
1.5 	for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Statutes 
1.6 	2022, section 181.9413.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	ARTICLE 1
1.9 	EARNED SICK AND SAFE TIME

1.10 	Section 1. Minnesota Statutes 2022, section 181.942, subdivision 1, is amended to read:
1.11 		Subdivision 1.Comparable position. (a) An employee returning from a leave of absence 
1.12 	under section 181.941 is entitled to return to employment in the employee's former position 
1.13 	or in a position of comparable duties, number of hours, and pay. An employee returning 
1.14 	from a leave of absence longer than one month must notify a supervisor at least two weeks 
1.15 	prior to return from leave. An employee returning from a leave under section 181.9412 or 
1.16 	181.9413 sections 181.9445 to 181.9448 is entitled to return to employment in the employee's 
1.17 	former position.
1.18 	(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a 
1.19 	layoff and the employee would have lost a position had the employee not been on leave, 
1.20 	pursuant to the good faith operation of a bona fide layoff and recall system, including a 
1.21 	system under a collective bargaining agreement, the employee is not entitled to reinstatement 
1.22 	in the former or comparable position. In such circumstances, the employee retains all rights 
1.23 	under the layoff and recall system, including a system under a collective bargaining 
1.24 	agreement, as if the employee had not taken the leave.

2.1 	Sec. 2. [181.9445] DEFINITIONS.
2.2 		Subdivision 1.Definitions. For the purposes of section 177.50 and sections 181.9445 
2.3 	to 181.9448, the terms defined in this section have the meanings given them.
2.4 		Subd. 2.Commissioner. "Commissioner" means the commissioner of labor and industry 
2.5 	or authorized designee or representative.
2.6 		Subd. 3.Domestic abuse. "Domestic abuse" has the meaning given in section 518B.01.
2.7 		Subd. 4.Earned sick and safe time. "Earned sick and safe time" means leave, including 
2.8 	paid time off and other paid leave systems, that is paid at the same hourly rate as an employee 
2.9 	earns from employment that may be used for the same purposes and under the same 
2.10 	conditions as provided under section 181.9447, but in no case shall this hourly rate be less 
2.11 	than that provided under section 177.24 or an applicable local minimum wage.
2.12 		Subd. 5.Employee. "Employee" means any person who is employed by an employer, 
2.13 	including temporary and part-time employees, who performs work for at least 80 hours in 
2.14 	a year for that employer in Minnesota. Employee does not include an independent contractor.
2.15 		Subd. 6.Employer. "Employer" means a person who has one or more employees. 
2.16 	Employer includes an individual, a corporation, a partnership, an association, a business 
2.17 	trust, a nonprofit organization, a group of persons, the state of Minnesota, a county, town, 
2.18 	city, school district, or other governmental subdivision. In the event that a temporary 
2.19 	employee is supplied by a staffing agency, absent a contractual agreement stating otherwise, 
2.20 	that individual shall be an employee of the staffing agency for all purposes of section 177.50 
2.21 	and sections 181.9445 to 181.9448. Employer does not include the United States government.
2.22 		Subd. 7.Family member. "Family member" means:
2.23 	(1) an employee's:
2.24 	(i) child, foster child, adult child, legal ward, child for whom the employee is legal 
2.25 	guardian, or child to whom the employee stands or stood in loco parentis;
2.26 	(ii) spouse or registered domestic partner;
2.27 	(iii) sibling, stepsibling, or foster sibling;
2.28 	(iv) biological, adoptive, or foster parent, stepparent, or a person who stood in loco 
2.29 	parentis when the employee was a minor child;
2.30 	(v) grandchild, foster grandchild, or stepgrandchild;
2.31 	(vi) grandparent or stepgrandparent;
3.1 	(vii) a child of a sibling of the employee;
3.2 	(viii) a sibling of the parents of the employee; or
3.3 	(ix) a child-in-law or sibling-in-law;
3.4 	(2) any of the family members listed in clause (1) of a spouse or registered domestic 
3.5 	partner;
3.6 	(3) any other individual related by blood or whose close association with the employee 
3.7 	is the equivalent of a family relationship; and
3.8 	(4) up to one individual annually designated by the employee.
3.9 		Subd. 8.Health care professional. "Health care professional" means (1) any person 
3.10 	licensed, certified, or otherwise authorized under federal or state law to provide medical or 
3.11 	emergency services, including doctors, physician assistants, nurses, and emergency room 
3.12 	personnel; or
3.13 	(2) any other individual determined by the commissioner by rule, in accordance with 
3.14 	the rulemaking procedures in the Administrative Procedure Act, to be capable of providing 
3.15 	health care services.
3.16 		Subd. 9.Prevailing wage rate. "Prevailing wage rate" has the meaning given in section 
3.17 	177.42 and as calculated by the Department of Labor and Industry.
3.18 		Subd. 10.Retaliatory personnel action. "Retaliatory personnel action" means:
3.19 	(1) any form of intimidation, threat, reprisal, harassment, discrimination, or adverse 
3.20 	employment action, including discipline, discharge, suspension, transfer, or reassignment 
3.21 	to a lesser position in terms of job classification, job security, or other condition of 
3.22 	employment; reduction in pay or hours or denial of additional hours; the accumulation of 
3.23 	points under an employer's absence control policy or attendance point system; informing 
3.24 	another employer that the person has engaged in activities protected by this chapter; or 
3.25 	reporting or threatening to report the actual or suspected citizenship or immigration status 
3.26 	of an employee, former employee, or family member of an employee to a federal, state, or 
3.27 	local agency; and
3.28 	(2) interference with or punishment for participating in any manner in an investigation, 
3.29 	proceeding, or hearing under this chapter.
3.30 		Subd. 11.Sexual assault. "Sexual assault" means an act that constitutes a violation 
3.31 	under sections 609.342 to 609.3453 or 609.352.
3.32 		Subd. 12.Stalking. "Stalking" has the meaning given in section 609.749.
4.1 		Subd. 13.Year. "Year" means a regular and consecutive 12-month period, as determined 
4.2 	by an employer and clearly communicated to each employee of that employer.

4.3 	Sec. 3. [181.9446] ACCRUAL OF EARNED SICK AND SAFE TIME.
4.4 	(a) An employee accrues a minimum of one hour of earned sick and safe time for every 
4.5 	30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year. 
4.6 	Employees may not accrue more than 48 hours of earned sick and safe time in a year unless 
4.7 	the employer agrees to a higher amount.
4.8 	(b)(1) Except as provided in clause (2), employers must permit an employee to carry 
4.9 	over accrued but unused sick and safe time into the following year. The total amount of 
4.10 	accrued but unused earned sick and safe time for an employee must not exceed 80 hours at 
4.11 	any time, unless an employer agrees to a higher amount. Alternatively, in lieu of carryover 
4.12 	of unused earned sick and safe time provided pursuant to this section from one year to the 
4.13 	next, an employer may pay an employee for unused earned sick and safe time provided 
4.14 	pursuant to this section at the end of a year and provide the employee with an amount of 
4.15 	earned sick and safe time that meets or exceeds the requirements of this section that is 
4.16 	available for the employee's immediate use at the beginning of the subsequent year.
4.17 	(2) In lieu of permitting the carryover of accrued but unused sick and safe time into the 
4.18 	following year as provided under clause (1), an employer may pay an employee for accrued 
4.19 	but unused sick and safe time at the end of a year at the same hourly rate as an employee 
4.20 	earns from employment, provided that the employer provides an employee with an amount 
4.21 	of earned sick and safe time that meets or exceeds the requirements of this section that is 
4.22 	available for the employee's immediate use at the beginning of the subsequent year. In no 
4.23 	case shall this hourly rate be less than that provided under section 177.24 or an applicable 
4.24 	local minimum wage.
4.25 	(c) Employees who are exempt from overtime requirements under United States Code, 
4.26 	title 29, section 213(a)(1), as amended through the effective date of this section, are deemed 
4.27 	to work 40 hours in each workweek for purposes of accruing earned sick and safe time, 
4.28 	except that an employee whose normal workweek is less than 40 hours will accrue earned 
4.29 	sick and safe time based on the normal workweek.
4.30 	(d) Earned sick and safe time under this section begins to accrue at the commencement 
4.31 	of employment of the employee.
4.32 	(e) Employees may use earned sick and safe time as it is accrued.

5.1 	Sec. 4. [181.9447] USE OF EARNED SICK AND SAFE TIME.
5.2 		Subdivision 1.Eligible use. An employee may use accrued earned sick and safe time 
5.3 	for:
5.4 	(1) an employee's:
5.5 	(i) mental or physical illness, injury, or other health condition;
5.6 	(ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury, 
5.7 	or health condition; or
5.8 	(iii) need for preventive medical or health care;
5.9 	(2) care of a family member:
5.10 	(i) with a mental or physical illness, injury, or other health condition;
5.11 	(ii) who needs medical diagnosis, care, or treatment of a mental or physical illness, 
5.12 	injury, or other health condition; or
5.13 	(iii) who needs preventive medical or health care;
5.14 	(3) absence due to domestic abuse, sexual assault, or stalking of the employee or 
5.15 	employee's family member, provided the absence is to:
5.16 	(i) seek medical attention related to physical or psychological injury or disability caused 
5.17 	by domestic abuse, sexual assault, or stalking;
5.18 	(ii) obtain services from a victim services organization;
5.19 	(iii) obtain psychological or other counseling;
5.20 	(iv) seek relocation or take steps to secure an existing home due to domestic abuse, 
5.21 	sexual assault, or stalking; or
5.22 	(v) seek legal advice or take legal action, including preparing for or participating in any 
5.23 	civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, 
5.24 	or stalking;
5.25 	(4) closure of the employee's place of business due to weather or other public emergency 
5.26 	or an employee's need to care for a family member whose school or place of care has been 
5.27 	closed due to weather or other public emergency;
5.28 	(5) the employee's inability to work or telework because the employee is: (i) prohibited 
5.29 	from working by the employer due to health concerns related to the potential transmission 
5.30 	of a communicable illness related to a public health emergency; or (ii) seeking or awaiting 
6.1 	the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related 
6.2 	to a public emergency and such employee has been exposed to a communicable disease or 
6.3 	the employee's employer has requested a test or diagnosis; and
6.4 	(6) when it has been determined by the health authorities having jurisdiction or by a 
6.5 	health care professional that the presence of the employee or family member of the employee 
6.6 	in the community would jeopardize the health of others because of the exposure of the 
6.7 	employee or family member of the employee to a communicable disease, whether or not 
6.8 	the employee or family member has actually contracted the communicable disease.
6.9 		Subd. 2.Notice. An employer may require notice of the need for use of earned sick and 
6.10 	safe time as provided in this paragraph. If the need for use is foreseeable, an employer may 
6.11 	require advance notice of the intention to use earned sick and safe time but must not require 
6.12 	more than seven days' advance notice. If the need is unforeseeable, an employer may require 
6.13 	an employee to give notice of the need for earned sick and safe time as soon as practicable. 
6.14 	An employer that requires notice of the need to use earned sick and safe time in accordance 
6.15 	with this subdivision shall have a written policy containing reasonable procedures for 
6.16 	employees to provide notice of the need to use earned sick and safe time, and shall provide 
6.17 	a written copy of such policy to employees. If a copy of the written policy has not been 
6.18 	provided to an employee, an employer shall not deny the use of earned sick and safe time 
6.19 	to the employee on that basis.
6.20 		Subd. 3.Documentation. (a) When an employee uses earned sick and safe time for 
6.21 	more than three consecutive days, an employer may require reasonable documentation that 
6.22 	the earned sick and safe time is covered by subdivision 1.
6.23 	(b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6), 
6.24 	reasonable documentation may include a signed statement by a health care professional 
6.25 	indicating the need for use of earned sick and safe time. However, if the employee or 
6.26 	employee's family member did not receive services from a health care professional, or if 
6.27 	documentation cannot be obtained from a health care professional in a reasonable time or 
6.28 	without added expense, then reasonable documentation for the purposes of this paragraph 
6.29 	may include a written statement from the employee indicating that the employee is using 
6.30 	or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause 
6.31 	(1), (2), (5), or (6).
6.32 	(c) For earned sick and safe time under subdivision 1, clause (3), an employer must 
6.33 	accept a court record or documentation signed by a volunteer or employee of a victims 
7.1 	services organization, an attorney, a police officer, or an antiviolence counselor as reasonable 
7.2 	documentation.
7.3 	(d) For earned sick and safe time to care for a family member under subdivision 1, clause 
7.4 	(4), an employer must accept as reasonable documentation a written statement from the 
7.5 	employee indicating that the employee is using or used earned sick and safe time for a 
7.6 	qualifying purpose as reasonable documentation.
7.7 	(e) An employer must not require disclosure of details relating to domestic abuse, sexual 
7.8 	assault, or stalking or the details of an employee's or an employee's family member's medical 
7.9 	condition as related to an employee's request to use earned sick and safe time under this 
7.10 	section.
7.11 	(f) Written statements by an employee may be written in the employee's first language 
7.12 	and need not be notarized or in any particular format.
7.13 		Subd. 4.Replacement worker. An employer may not require, as a condition of an 
7.14 	employee using earned sick and safe time, that the employee seek or find a replacement 
7.15 	worker to cover the hours the employee uses as earned sick and safe time.
7.16 		Subd. 5.Increment of time used. Earned sick and safe time may be used in the smallest 
7.17 	increment of time tracked by the employer's payroll system, provided such increment is not 
7.18 	more than four hours.
7.19 		Subd. 6.Retaliation prohibited. (a) An employer shall not take retaliatory personnel 
7.20 	action against a person because the person has exercised or attempted to exercise rights 
7.21 	protected under this act, including but not limited to because the person requested earned 
7.22 	sick and safe time, used earned sick and safe time, requested a statement of accrued sick 
7.23 	and safe time, informed any person of his or her potential rights under sections 181.9445 
7.24 	to 181.9448, or made a complaint or filed an action to enforce a right to earned sick and 
7.25 	safe time under this section.
7.26 	(b) It shall be unlawful for an employer's absence control policy or attendance point 
7.27 	system to count earned sick and safe time taken under this act as an absence that may lead 
7.28 	to or result in a retaliatory personnel action or any other adverse action.
7.29 	(c) It shall be unlawful for an employer or any other person to interfere with, restrain, 
7.30 	or deny the exercise of, or the attempt to exercise, any right protected under this act. A 
7.31 	person need not explicitly refer to this act or the rights enumerated herein to be protected 
7.32 	from retaliatory personnel actions.
8.1 		Subd. 7.Pay and benefits after leave. An employee returning from a leave under this 
8.2 	section is entitled to return to employment at the same rate of pay the employee had been 
8.3 	receiving when the leave commenced, plus any automatic adjustments in the employee's 
8.4 	pay scale that occurred during the leave period. The employee returning from a leave is 
8.5 	entitled to retain all accrued preleave benefits of employment and seniority as if there had 
8.6 	been no interruption in service, provided that nothing under this section prevents the accrual 
8.7 	of benefits or seniority during the leave pursuant to a collective bargaining or other agreement 
8.8 	between the employer and employees.
8.9 		Subd. 8.Part-time return from leave. An employee, by agreement with the employer, 
8.10 	may return to work part time during the leave period without forfeiting the right to return 
8.11 	to employment at the end of the leave, as provided under this section.
8.12 		Subd. 9.Notice and posting by employer. (a) Employers must give notice to all 
8.13 	employees that they are entitled to earned sick and safe time, including the amount of earned 
8.14 	sick and safe time, the accrual year for the employee, the terms of its use under this section, 
8.15 	and a copy of the written policy for providing notice as provided under subdivision 2; that 
8.16 	retaliatory personnel actions against employees who request or use earned sick and safe 
8.17 	time are prohibited; and that each employee has the right to file a complaint or bring a civil 
8.18 	action if earned sick and safe time is denied by the employer or the employee is retaliated 
8.19 	against for requesting or using earned sick and safe time.
8.20 	(b) Employers must supply employees with a notice in English and other appropriate 
8.21 	languages that contains the information required in paragraph (a) at commencement of 
8.22 	employment or the effective date of this section, whichever is later.
8.23 	(c) The means used by the employer must be at least as effective as the following options 
8.24 	for providing notice:
8.25 	(1) posting a copy of the notice at each location where employees perform work and 
8.26 	where the notice must be readily observed and easily reviewed by all employees performing 
8.27 	work;
8.28 	(2) providing a paper or electronic copy of the notice to employees; or
8.29 	(3) a conspicuous posting in a web-based or app-based platform through which an 
8.30 	employee performs work.
8.31 	The notice must contain all information required under paragraph (a). The commissioner 
8.32 	shall create and make available to employers a poster and a model notice that contains the 
8.33 	information required under paragraph (a) for their use in complying with this section.
9.1 	(d) An employer that provides an employee handbook to its employees must include in 
9.2 	the handbook notice of employee rights and remedies under this section.
9.3 		Subd. 10.Required statement to employee. (a) Upon request of the employee, the 
9.4 	employer must provide, in writing or electronically, current information stating the 
9.5 	employee's amount of:
9.6 	(1) earned sick and safe time available to the employee; and
9.7 	(2) used earned sick and safe time.
9.8 	(b) Employers may choose a reasonable system for providing the information in paragraph 
9.9 	(a), including but not limited to listing information on each pay stub or developing an online 
9.10 	system where employees can access their own information.
9.11 		Subd. 11.Employer records. (a) Employers shall retain accurate records documenting 
9.12 	hours worked by employees and earned sick and safe time taken and comply with all 
9.13 	requirements under section 177.30.
9.14 	(b) An employer must allow an employee to inspect records required by this section and 
9.15 	relating to that employee at a reasonable time and place.
9.16 		Subd. 12.Confidentiality and nondisclosure. (a) If, in conjunction with this section, 
9.17 	an employer possesses:
9.18 	(1) health or medical information regarding an employee or an employee's family 
9.19 	member;
9.20 	(2) information pertaining to domestic abuse, sexual assault, or stalking;
9.21 	(3) information that the employee has requested or obtained leave under this section; or
9.22 	(4) any written or oral statement, documentation, record, or corroborating evidence 
9.23 	provided by the employee or an employee's family member, the employer must treat such 
9.24 	information as confidential.
9.25 	Information given by an employee may only be disclosed by an employer if the disclosure 
9.26 	is requested or consented to by the employee, when ordered by a court or administrative 
9.27 	agency, or when otherwise required by federal or state law.
9.28 	(b) Records and documents relating to medical certifications, recertifications, or medical 
9.29 	histories of employees or family members of employees created for purposes of section 
9.30 	177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records 
9.31 	separate from the usual personnel files. At the request of the employee, the employer must 
10.1 	destroy or return the records required by sections 181.9445 to 181.9448 that are older than 
10.2 	three years prior to the current calendar year.
10.3 	(c) Employers may not discriminate against any employee based on records created for 
10.4 	the purposes of section 177.50 or sections 181.9445 to 181.9448.

10.5 	Sec. 5. [181.9448] EFFECT ON OTHER LAW OR POLICY.
10.6 		Subdivision 1.No effect on more generous sick and safe time policies. (a) Nothing 
10.7 	in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting 
10.8 	or retaining earned sick and safe time policies that meet or exceed, and do not otherwise 
10.9 	conflict with, the minimum standards and requirements provided in sections 181.9445 to 
10.10 	181.9448.
10.11 	(b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of 
10.12 	parties to a collective bargaining agreement to bargain and agree with respect to earned sick 
10.13 	and safe time policies or to diminish the obligation of an employer to comply with any 
10.14 	contract, collective bargaining agreement, or any employment benefit program or plan that 
10.15 	meets or exceeds, and does not otherwise conflict with, the minimum standards and 
10.16 	requirements provided in this section.
10.17 	(c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or 
10.18 	otherwise affect the applicability of any other law, regulation, requirement, policy, or 
10.19 	standard that provides for a greater amount, accrual, or use by employees of paid sick and 
10.20 	safe time or that extends other protections to employees.
10.21 	(d) Employers who provide earned sick and safe time to their employees under a paid 
10.22 	time off policy or other paid leave policy that may be used for the same purposes and under 
10.23 	the same conditions as earned sick and safe time, and that meets or exceeds, and does not 
10.24 	otherwise conflict with, the minimum standards and requirements provided in sections 
10.25 	181.9445 to 181.9448 are not required to provide additional earned sick and safe time.
10.26 	(e) An employer may opt to satisfy the requirements of sections 181.9445 to 181.9448 
10.27 	for construction industry employees by:
10.28 	(1) paying at least the prevailing wage rate as defined by section 177.42 and as calculated 
10.29 	by the Department of Labor and Industry; or
10.30 	(2) paying at least the required rate established in a registered apprenticeship agreement 
10.31 	for apprentices registered with the Department of Labor and Industry.
11.1 	An employer electing this option is deemed to be in compliance with sections 181.9445 to 
11.2 	181.9448 for construction industry employees who receive either at least the prevailing 
11.3 	wage rate or the rate required in the applicable apprenticeship agreement regardless of 
11.4 	whether the employees are working on private or public projects.
11.5 	(f) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy 
11.6 	whereby employees may donate unused accrued sick and safe time to another employee.
11.7 	(g) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and 
11.8 	safe time to an employee before accrual by the employee.
11.9 		Subd. 2.Termination; separation; transfer. Sections 181.9445 to 181.9448 do not 
11.10 	require financial or other reimbursement to an employee from an employer upon the 
11.11 	employee's termination, resignation, retirement, or other separation from employment for 
11.12 	accrued earned sick and safe time that has not been used. If an employee is transferred to 
11.13 	a separate division, entity, or location, but remains employed by the same employer, the 
11.14 	employee is entitled to all earned sick and safe time accrued at the prior division, entity, or 
11.15 	location and is entitled to use all earned sick and safe time as provided in sections 181.9445 
11.16 	to 181.9448. When there is a separation from employment and the employee is rehired 
11.17 	within 180 days of separation by the same employer, previously accrued earned sick and 
11.18 	safe time that had not been used must be reinstated. An employee is entitled to use accrued 
11.19 	earned sick and safe time and accrue additional earned sick and safe time at the 
11.20 	commencement of reemployment.
11.21 		Subd. 3.Employer succession. (a) When a different employer succeeds or takes the 
11.22 	place of an existing employer, all employees of the original employer who remain employed 
11.23 	by the successor employer are entitled to all earned sick and safe time accrued but not used 
11.24 	when employed by the original employer, and are entitled to use all earned sick and safe 
11.25 	time previously accrued but not used.
11.26 	(b) If, at the time of transfer of the business, employees are terminated by the original 
11.27 	employer and hired within 30 days by the successor employer following the transfer, those 
11.28 	employees are entitled to all earned sick and safe time accrued but not used when employed 
11.29 	by the original employer, and are entitled to use all earned sick and safe time previously 
11.30 	accrued but not used.

11.31 	Sec. 6. SEVERABILITY.
 11.32 	If any provision of this act or application thereof to any person or circumstance is judged 
11.33 	invalid, the invalidity shall not affect other provisions or applications of the act which can 
12.1 	be given effect without the invalid provision or application, and to this end the provisions 
12.2 	of this act are declared severable.

12.3 	Sec. 7. REPEALER.
 12.4 	Minnesota Statutes 2022, section 181.9413, is repealed.

12.5 	Sec. 8. EFFECTIVE DATE.
 12.6 	This article is effective 180 days following final enactment.

12.7 	ARTICLE 2
12.8 	EARNED SICK AND SAFE TIME ENFORCEMENT

12.9 	Section 1. Minnesota Statutes 2022, section 177.27, subdivision 2, is amended to read:
12.10 		Subd. 2.Submission of records; penalty. The commissioner may require the employer 
12.11 	of employees working in the state to submit to the commissioner photocopies, certified 
12.12 	copies, or, if necessary, the originals of employment records which the commissioner deems 
12.13 	necessary or appropriate. The records which may be required include full and correct 
12.14 	statements in writing, including sworn statements by the employer, containing information 
12.15 	relating to wages, hours, names, addresses, and any other information pertaining to the 
12.16 	employer's employees and the conditions of their employment as the commissioner deems 
12.17 	necessary or appropriate.
12.18 	The commissioner may require the records to be submitted by certified mail delivery 
12.19 	or, if necessary, by personal delivery by the employer or a representative of the employer, 
12.20 	as authorized by the employer in writing.
12.21 	The commissioner may fine the employer up to $1,000 $10,000 for each failure to submit 
12.22 	or deliver records as required by this section, and up to $5,000 for each repeated failure. 
12.23 	This penalty is in addition to any penalties provided under section 177.32, subdivision 1. 
12.24 	In determining the amount of a civil penalty under this subdivision, the appropriateness of 
12.25 	such penalty to the size of the employer's business and the gravity of the violation shall be 
12.26 	considered.

12.27 	Sec. 2. Minnesota Statutes 2022, section 177.27, subdivision 4, is amended to read:
12.28 		Subd. 4.Compliance orders. The commissioner may issue an order requiring an 
12.29 	employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 
12.30 	181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, 
13.1 	subdivision 2a, 181.722, 181.79, and181.939 to 181.943, and 181.9445 to 181.9448, or 
13.2 	with any rule promulgated under section 177.28. The commissioner shall issue an order 
13.3 	requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated. 
13.4 	For purposes of this subdivision only, a violation is repeated if at any time during the two 
13.5 	years that preceded the date of violation, the commissioner issued an order to the employer 
13.6 	for violation of sections 177.41 to 177.435 and the order is final or the commissioner and 
13.7 	the employer have entered into a settlement agreement that required the employer to pay 
13.8 	back wages that were required by sections 177.41 to 177.435. The department shall serve 
13.9 	the order upon the employer or the employer's authorized representative in person or by 
13.10 	certified mail at the employer's place of business. An employer who wishes to contest the 
13.11 	order must file written notice of objection to the order with the commissioner within 15 
13.12 	calendar days after being served with the order. A contested case proceeding must then be 
13.13 	held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being 
13.14 	served with the order, the employer fails to file a written notice of objection with the 
13.15 	commissioner, the order becomes a final order of the commissioner.

13.16 	Sec. 3. Minnesota Statutes 2022, section 177.27, subdivision 7, is amended to read:
13.17 		Subd. 7.Employer liability. If an employer is found by the commissioner to have 
13.18 	violated a section identified in subdivision 4, or any rule adopted under section 177.28, and 
13.19 	the commissioner issues an order to comply, the commissioner shall order the employer to 
13.20 	cease and desist from engaging in the violative practice and to take such affirmative steps 
13.21 	that in the judgment of the commissioner will effectuate the purposes of the section or rule 
13.22 	violated. The commissioner shall order the employer to pay to the aggrieved parties back 
13.23 	pay, gratuities, and compensatory damages, less any amount actually paid to the employee 
13.24 	by the employer, and for an additional equal amount as liquidated damages. Any employer 
13.25 	who is found by the commissioner to have repeatedly or willfully violated a section or 
13.26 	sections identified in subdivision 4 shall be subject to a civil penalty of up to $1,000  $10,000 
13.27 	for each violation for each employee. In determining the amount of a civil penalty under 
13.28 	this subdivision, the appropriateness of such penalty to the size of the employer's business 
13.29 	and the gravity of the violation shall be considered. In addition, the commissioner may order 
13.30 	the employer to reimburse the department and the attorney general for all appropriate 
13.31 	litigation and hearing costs expended in preparation for and in conducting the contested 
13.32 	case proceeding, unless payment of costs would impose extreme financial hardship on the 
13.33 	employer. If the employer is able to establish extreme financial hardship, then the 
13.34 	commissioner may order the employer to pay a percentage of the total costs that will not 
13.35 	cause extreme financial hardship. Costs include but are not limited to the costs of services 
14.1 	rendered by the attorney general, private attorneys if engaged by the department, 
14.2 	administrative law judges, court reporters, and expert witnesses as well as the cost of 
14.3 	transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's 
14.4 	order from the date the order is signed by the commissioner until it is paid, at an annual rate 
14.5 	provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish 
14.6 	escrow accounts for purposes of distributing damages.

14.7 	Sec. 4. [177.50] EARNED SICK AND SAFE TIME ENFORCEMENT.
14.8 		Subdivision 1.Definitions. The definitions in section 181.9445 apply to this section.
14.9 		Subd. 2.Rulemaking authority. The commissioner may adopt rules to carry out the 
14.10 	purposes of this section and sections 181.9445 to 181.9448.
14.11 		Subd. 3.Individual remedies. In addition to any other remedies provided by law, a 
14.12 	person injured by a violation of sections 181.9445 to 181.9448 may bring a civil action to 
14.13 	recover general and special damages, along with costs, fees, and reasonable attorney fees, 
14.14 	and may receive injunctive and other equitable relief as determined by a court. An action 
14.15 	to recover damages under this subdivision must be commenced within three years of the 
14.16 	violation of sections 181.9445 to 181.9448 that caused the injury to the employee.
14.17 		Subd. 4.Grants to community organizations. The commissioner may make grants to 
14.18 	community organizations for the purpose of outreach to and education for employees 
14.19 	regarding their rights under sections 181.9445 to 181.9448. The community-based 
14.20 	organizations must be selected based on their experience, capacity, and relationships in 
14.21 	high-violation industries. The work under such a grant may include the creation and 
14.22 	administration of a statewide worker hotline.
14.23 		Subd. 5.Report to legislature. (a) The commissioner must submit an annual report to 
14.24 	the legislature, including to the chairs and ranking minority members of any relevant 
14.25 	legislative committee. The report must include but is not limited to:
14.26 	(1) a list of all violations of sections 181.9445 to 181.9448, including the employer 
14.27 	involved, and the nature of any violations; and
14.28 	(2) an analysis of noncompliance with sections 181.9445 to 181.9448, including any 
14.29 	patterns by employer, industry, or county.
14.30 	(b) A report under this section must not include an employee's name or other identifying 
14.31 	information, any health or medical information regarding an employee or an employee's 
14.32 	family member, or any information pertaining to domestic abuse, sexual assault, or stalking 
14.33 	of an employee or an employee's family member.
15.1 		Subd. 6.Contract for labor or services. It is the responsibility of all employers to not 
15.2 	enter into any contract or agreement for labor or services where the employer has any actual 
15.3 	knowledge or knowledge arising from familiarity with the normal facts and circumstances 
15.4 	of the business activity engaged in, or has any additional facts or information that, taken 
15.5 	together, would make a reasonably prudent person undertake to inquire whether, taken 
15.6 	together, the contractor is not complying or has failed to comply with this section. For 
15.7 	purposes of this subdivision, "actual knowledge" means information obtained by the employer 
15.8 	that the contractor has violated this section within the past two years and has failed to present 
15.9 	the employer with credible evidence that such noncompliance has been cured going forward.

15.10 	EFFECTIVE DATE. This section is effective 180 days after final enactment.

15.11 	ARTICLE 3
15.12 	EARNED SICK AND SAFE TIME APPROPRIATIONS

15.13 	Section 1. EARNED SICK AND SAFE TIME APPROPRIATIONS.
 15.14 	(a) $1,367,000 in fiscal year 2024 is appropriated from the general fund to the 
15.15 	commissioner of labor and industry for enforcement and other duties regarding earned sick 
15.16 	and safe time under Minnesota Statutes, sections 181.9445 to 181.9448, and chapter 177. 
15.17 	In fiscal year 2025, the base is $2,018,000. In fiscal year 2026, the base is $1,708,000.
15.18 	(b) $3,000 in fiscal year 2024 is appropriated from the general fund to the commissioner 
15.19 	of management and budget for printing costs associated with earned sick and safe time 
15.20 	under Minnesota Statutes, sections 181.9445 to 181.9448. This is a onetime appropriation.
15.21 	(c) $51,000 in fiscal year 2024 is appropriated from the general fund to the entities 
15.22 	specified in paragraph (d) to offset the cost of earned sick and safe time leave required under 
15.23 	this act of executive branch agencies, boards, and commissions. The base for fiscal year 
15.24 	2025 and beyond is $102,000.
15.25 	(d) The commissioner of management and budget must determine an allocation of the 
15.26 	amount appropriated in paragraph (c) for each executive branch state agency, board, and 
15.27 	commission. Each allocation is directly appropriated to each of these entities as specified 
15.28 	by the commissioner.
15.29 	(e) $300,000 in fiscal year 2024 is appropriated from the general fund to the commissioner 
15.30 	of labor and industry for grants to community organizations under Minnesota Statutes, 
15.31 	section 177.50, subdivision 4. In fiscal year 2025, the base is $300,000. In fiscal year 2026, 
15.32 	the base is $0.
16.1 	(f) $18,000 in fiscal year 2024 is appropriated from the general fund to the house of 
16.2 	representatives to modify timecard and human resources systems as necessary to comply 
16.3 	with this act. This is a onetime appropriation.
16.4 	(g) $1,000 in fiscal year 2024 is appropriated from the general fund to the supreme court 
16.5 	for purposes of this act. The base for this appropriation is $492,000 in fiscal year 2025 and 
16.6 	$459,000 in fiscal year 2026.

APPENDIX 

Repealed Minnesota Statutes: 23-01416 

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.