1.1Senator Rasmusson moved to amend
S.F. No. 1832 as follows (...):
1.2Page 133, after line 15, insert:
1.4EARNED SICK AND SAGE TIME MODIFICATIONS
1.5 Section 1. Minnesota Statutes 2024, section 181.9445, subdivision 6, is amended to read:
1.6 Subd. 6.
Employer. "Employer" means a person who has
one 15 or more employees.
1.7Employer includes an individual, a corporation, a partnership, an association, a business
1.8trust, a nonprofit organization, a group of persons, the state of Minnesota, a county,
town,
1.9city, school district, or other governmental subdivision. In the case of an employee
leasing
1.10company or professional employer organization, the taxpaying employer, as described
in
1.11section
268.046, subdivision 1, remains the employer. In the case of an individual provider
1.12within the meaning of section
256B.0711, subdivision 1, paragraph (d), the employer includes
1.13any participant within the meaning of section
256B.0711, subdivision 1, paragraph (e), or
1.14participant's representative within the meaning of section
256B.0711, subdivision 1,
1.15paragraph (f). In the event that a temporary employee is supplied by a staffing agency,
1.16absent a contractual agreement stating otherwise, that individual shall be an employee
of
1.17the staffing agency for all purposes of section
177.50 and sections
181.9445 to
181.9448.
1.18Employer does not include the United States government.
1.19 Sec. 2. Minnesota Statutes 2024, section 181.9446, is amended to read:
1.20181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.
1.21(a) An employee accrues a minimum of one hour of earned sick and safe time for every
1.2230 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
1.23Employees may not accrue more than 48 hours of earned sick and safe time in a year
unless
1.24the employer agrees to a higher amount.
1.25(b)(1) Except as provided in clause (2), employers must permit an employee to carry
1.26over accrued but unused sick and safe time into the following year. The total amount
of
1.27accrued but unused earned sick and safe time for an employee must not exceed 80 hours
at
1.28any time, unless an employer agrees to a higher amount.
1.29(2) In lieu of permitting the carryover of accrued but unused sick and safe time into
the
1.30following year as provided under clause (1), an employer may provide an employee with
1.31earned sick and safe time for the year that meets or exceeds the requirements of this
section
1.32that is available for the employee's immediate use at the beginning of the subsequent
year
2.1as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick
and
2.2safe time at the end of a year at the same base rate as an employee earns from employment
2.3and in no case at a rate less than that provided under section
177.24 or an applicable local
2.4minimum wage;
or (ii) 80 hours, if an employer does not pay an employee for accrued but
2.5unused sick and safe time at the end of a year
; or (iii) upon initial employment, an employer
2.6providing sick and safe time under item (i) or (ii) may prorate sick and safe time
amounts
2.7for an employee based on full- or part-time work for the remainder of that year.
2.8(c) Employees who are exempt from overtime requirements under United States Code,
2.9title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work
40
2.10hours in each workweek for purposes of accruing earned sick and safe time, except
that an
2.11employee whose normal workweek is less than 40 hours will accrue earned sick and safe
2.12time based on the normal workweek.
2.13(d) Earned sick and safe time under this section begins to accrue at the commencement
2.14of employment of the employee.
2.15(e) Employees may use earned sick and safe time as it is accrued.
2.16 Sec. 3. Minnesota Statutes 2024, section 181.9447, subdivision 2, is amended to read:
2.17 Subd. 2.
Notice. An employer may require notice of the need for use of earned sick and
2.18safe time as provided in this paragraph. If the need for use is foreseeable, an employer
may
2.19require advance notice of the intention to use earned sick and safe time but must
not require
2.20more than seven days' advance notice. If the need is unforeseeable, an employer may
require
2.21an employee to give notice of the need for earned sick and safe time as
soon as practicable
2.22reasonably required by the employer. An employer that requires notice of the need to use
2.23earned sick and safe time in accordance with this subdivision shall have a written
policy
2.24containing reasonable procedures for employees to provide notice of the need to use
earned
2.25sick and safe time, and shall provide a written copy of such policy to employees.
If a copy
2.26of the written policy has not been provided to an employee, an employer shall not
deny the
2.27use of earned sick and safe time to the employee on that basis.
2.28 Sec. 4. Minnesota Statutes 2024, section 181.9447, subdivision 3, is amended to read:
2.29 Subd. 3.
Documentation. (a) When an employee uses earned sick and safe time for
2.30more than
three two consecutive scheduled work days, an employer may require reasonable
2.31documentation that the earned sick and safe time is covered by subdivision 1.
3.1(b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and
(6),
3.2reasonable documentation may include a signed statement by a health care professional
3.3indicating the need for use of earned sick and safe time. However, if the employee
or
3.4employee's family member did not receive services from a health care professional,
or if
3.5documentation cannot be obtained from a health care professional in a reasonable time
or
3.6without added expense, then reasonable documentation for the purposes of this paragraph
3.7may include a written statement from the employee indicating that the employee is
using
3.8or used earned sick and safe time for a qualifying purpose covered by subdivision
1, clause
3.9(1), (2), (5), or (6).
The employer may require documentation at such time that reasonable
3.10documentation is available if it is not available in a reasonable amount of time initially.
3.11(c) For earned sick and safe time under subdivision 1, clause (3), an employer must
3.12accept a court record or documentation signed by a volunteer or employee of a victims
3.13services organization, an attorney, a police officer, or an antiviolence counselor
as reasonable
3.14documentation. If documentation cannot be obtained in a reasonable time or without
added
3.15expense, then reasonable documentation for the purposes of this paragraph may include
a
3.16written statement from the employee indicating that the employee is using or used
earned
3.17sick and safe time for a qualifying purpose covered under subdivision 1, clause (3).
3.18(d) For earned sick and safe time to care for a family member under subdivision 1,
clause
3.19(4), an employer must accept as reasonable documentation a written statement from
the
3.20employee indicating that the employee is using or used earned sick and safe time for
a
3.21qualifying purpose as reasonable documentation.
3.22(e) An employer must not require disclosure of details relating to domestic abuse,
sexual
3.23assault, or stalking or the details of an employee's or an employee's family member's
medical
3.24condition as related to an employee's request to use earned sick and safe time under
this
3.25section.
3.26(f) Written statements by an employee may be written in the employee's first language
3.27and need not be notarized or in any particular format.
3.28 Sec. 5. Minnesota Statutes 2024, section 181.9447, subdivision 4, is amended to read:
3.29 Subd. 4.
Replacement worker. For earned sick and safe time use that is unforeseeable,
3.30an employer may not require, as a condition of an employee using earned sick and safe
3.31time, that the employee seek or find a replacement worker to cover the hours the employee
3.32uses as earned sick and safe time.
This subdivision does not prohibit an employee from
3.33voluntarily seeking or trading shifts with a replacement worker to cover the hours
the
3.34employee uses as earned sick and safe time.
4.1 Sec. 6. Minnesota Statutes 2024, section 181.9448, subdivision 1, is amended to read:
4.2 Subdivision 1.
Effect on more generous sick and safe time policies. (a) Nothing in
4.3sections
181.9445 to
181.9448 shall be construed to discourage employers from adopting
4.4or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
4.5conflict with, the minimum standards and requirements provided in sections
181.9445 to
4.6181.9448.
All paid time off and other paid leave made available to an employee by an
4.7employer in excess of the minimum amount required in section
181.9446 for absences from
4.8work due to personal illness or injury, but not including short-term or long-term
disability
4.9or other salary continuation benefits, must meet or exceed the minimum standards and
4.10requirements provided in sections
181.9445 to
181.9448, except for section
181.9446. For
4.11paid leave accrued prior to January 1, 2024, for absences from work due to personal
illness
4.12or injury, an employer may require an employee who uses such leave to follow the written
4.13notice and documentation requirements in the employer's applicable policy or applicable
4.14collective bargaining agreement as of December 31, 2023, in lieu of the requirements
of
4.15section
181.9447, subdivisions 2 and 3, provided that an employer does not require an
4.16employee to use leave accrued on or after January 1, 2024, before using leave accrued
prior
4.17to that date.
4.18(b) Nothing in sections
181.9445 to
181.9448 shall be construed to limit the right of
4.19parties to a collective bargaining agreement to bargain and agree with respect to
earned sick
4.20and safe time policies or to diminish the obligation of an employer to comply with
any
4.21contract, collective bargaining agreement, or any employment benefit program or plan
that
4.22meets or exceeds, and does not otherwise conflict with, the minimum standards and
4.23requirements provided in this section.
4.24(c) Nothing in sections
181.9445 to
181.9448 shall be construed to preempt, limit, or
4.25otherwise affect the applicability of any other law, regulation, requirement, policy,
or
4.26standard that provides for a greater amount, accrual, or use by employees of paid
sick and
4.27safe time or that extends other protections to employees.
4.28(d) Nothing in sections
181.9445 to
181.9448 shall be construed or applied so as to
4.29create any power or duty in conflict with federal law.
4.30(e) Employers who provide earned sick and safe time to their employees under a paid
4.31time off policy or other paid leave policy that may be used for the same purposes
and under
4.32the same conditions as earned sick and safe time, and that meets or exceeds, and does
not
4.33otherwise conflict with, the minimum standards and requirements provided in sections
4.34181.9445 to
181.9448 are not required to provide additional earned sick and safe time.
5.1(f) The provisions of sections
181.9445 to
181.9448 may be waived by a collective
5.2bargaining agreement with a bona fide building and construction trades labor organization
5.3that has established itself as the collective bargaining representative for the affected
building
5.4and construction industry employees, provided that for such waiver to be valid, it
shall
5.5explicitly reference sections
181.9445 to
181.9448 and clearly and unambiguously waive
5.6application of those sections to such employees.
5.7(g) The requirements of section
181.9447, subdivision 3, may be waived for paid leave
5.8made available to an employee by an employer for absences from work in excess of the
5.9minimum amount required in section
181.9446 through a collective bargaining agreement
5.10with a labor organization that has established itself as the collective bargaining
representative
5.11for the employees, provided that for such waiver to be valid, it shall explicitly
reference
5.12section
181.9447, subdivision 3, and clearly and unambiguously waive application of that
5.13subdivision to such employees.
5.14(h) An individual provider, as defined in section
256B.0711, subdivision 1, paragraph
5.15(d), who provides services through a consumer support grant under section
256.476,
5.16consumer-directed community supports under section
256B.4911, or community first services
5.17and supports under section
256B.85, to a family member who is a participant, as defined
5.18in section
256B.0711, subdivision 1, paragraph (e), may individually waive the provisions
5.19of sections
181.9445 to
181.9448 for the remainder of the participant's service plan year,
5.20provided that the funds are returned to the participant's budget. Once an individual
provider
5.21has waived the provisions of sections
181.9445 to
181.9448, they may not accrue earned
5.22sick and safe time until the start of the participant's next service plan year.
5.23 (i) Sections
181.9445 to
181.9448 do not prohibit an employer from establishing a policy
5.24whereby employees may donate unused accrued sick and safe time to another employee.
5.25 (j) Sections
181.9445 to
181.9448 do not prohibit an employer from advancing sick and
5.26safe time to an employee before accrual by the employee.
5.27 Sec. 7. Minnesota Statutes 2024, section 181.9448, is amended by adding a subdivision
5.28to read:
5.29 Subd. 4. New business exemption. Sections 181.9445 to 181.9448 shall not apply to
5.30an employer that is a new business during the first year of operation."
5.31Amend the title accordingly
5.32The motion prevailed. #did not prevail. So the amendment was #not adopted.