1.1Senator Seeberger moved to amend
S.F. No. 1832 as follows (...):
1.2Page 133, after line 15, insert:
1.4EARNED SICK AND SAFE 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 four 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 181.9447, subdivision 2, is amended to read:
1.20 Subd. 2.
Notice. An employer may require notice of the need for use of earned sick and
1.21safe time as provided in this paragraph. If the need for use is foreseeable, an employer
may
1.22require advance notice of the intention to use earned sick and safe time but must
not require
1.23more than seven days' advance notice. If the need is unforeseeable, an employer may
require
1.24an employee to give notice of the need for earned sick and safe time as
soon as practicable
1.25reasonably required by the employer. An employer that requires notice of the need to use
1.26earned sick and safe time in accordance with this subdivision shall have a written
policy
1.27containing reasonable procedures for employees to provide notice of the need to use
earned
1.28sick and safe time, and shall provide a written copy of such policy to employees.
If a copy
1.29of the written policy has not been provided to an employee, an employer shall not
deny the
1.30use of earned sick and safe time to the employee on that basis.
2.1 Sec. 3. Minnesota Statutes 2024, section 181.9447, subdivision 3, is amended to read:
2.2 Subd. 3.
Documentation. (a) When an employee uses earned sick and safe time for
2.3more than
three two consecutive scheduled work days, an employer may require reasonable
2.4documentation that the earned sick and safe time is covered by subdivision 1.
2.5(b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and
(6),
2.6reasonable documentation may include a signed statement by a health care professional
2.7indicating the need for use of earned sick and safe time. However, if the employee
or
2.8employee's family member did not receive services from a health care professional,
or if
2.9documentation cannot be obtained from a health care professional in a reasonable time
or
2.10without added expense, then reasonable documentation for the purposes of this paragraph
2.11may include a written statement from the employee indicating that the employee is
using
2.12or used earned sick and safe time for a qualifying purpose covered by subdivision
1, clause
2.13(1), (2), (5), or (6).
2.14(c) For earned sick and safe time under subdivision 1, clause (3), an employer must
2.15accept a court record or documentation signed by a volunteer or employee of a victims
2.16services organization, an attorney, a police officer, or an antiviolence counselor
as reasonable
2.17documentation. If documentation cannot be obtained in a reasonable time or without
added
2.18expense, then reasonable documentation for the purposes of this paragraph may include
a
2.19written statement from the employee indicating that the employee is using or used
earned
2.20sick and safe time for a qualifying purpose covered under subdivision 1, clause (3).
2.21(d) For earned sick and safe time to care for a family member under subdivision 1,
clause
2.22(4), an employer must accept as reasonable documentation a written statement from
the
2.23employee indicating that the employee is using or used earned sick and safe time for
a
2.24qualifying purpose as reasonable documentation.
2.25(e) An employer must not require disclosure of details relating to domestic abuse,
sexual
2.26assault, or stalking or the details of an employee's or an employee's family member's
medical
2.27condition as related to an employee's request to use earned sick and safe time under
this
2.28section.
2.29(f) Written statements by an employee may be written in the employee's first language
2.30and need not be notarized or in any particular format.
2.31 Sec. 4. Minnesota Statutes 2024, section 181.9447, subdivision 4, is amended to read:
2.32 Subd. 4.
Replacement worker. an employer may not require, as a condition of an
2.33employee using earned sick and safe time, that the employee seek or find a replacement
3.1worker to cover the hours the employee uses as earned sick and safe time.
This subdivision
3.2does not prohibit an employee from voluntarily seeking or trading shifts with a replacement
3.3worker to cover the hours the employee uses as earned sick and safe time.
3.4 Sec. 5. Minnesota Statutes 2024, section 181.9448, subdivision 1, is amended to read:
3.5 Subdivision 1.
Effect on more generous sick and safe time policies. (a) Nothing in
3.6sections
181.9445 to
181.9448 shall be construed to discourage employers from adopting
3.7or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
3.8conflict with, the minimum standards and requirements provided in sections
181.9445 to
3.9181.9448.
All paid time off and other paid leave made available to an employee by an
3.10employer in excess of the minimum amount required in section
181.9446 for absences from
3.11work due to personal illness or injury, but not including short-term or long-term
disability
3.12or other salary continuation benefits, must meet or exceed the minimum standards and
3.13requirements provided in sections
181.9445 to
181.9448, except for section
181.9446. For
3.14paid leave accrued prior to January 1, 2024, for absences from work due to personal
illness
3.15or injury, an employer may require an employee who uses such leave to follow the written
3.16notice and documentation requirements in the employer's applicable policy or applicable
3.17collective bargaining agreement as of December 31, 2023, in lieu of the requirements
of
3.18section
181.9447, subdivisions 2 and 3, provided that an employer does not require an
3.19employee to use leave accrued on or after January 1, 2024, before using leave accrued
prior
3.20to that date.
3.21(b) If an employer makes available paid time off or other paid leave in excess of
the
3.22minimum amount required in section 181.9446 for absences from work due to personal
3.23illness or injury, an employer may limit the application of the minimum standards
and
3.24requirements provided in sections 181.9445, 181.9447, and 181.9448 to no less than
the
3.25available leave or 160 hours in a 12-month period, whichever is less. An employer
may not
3.26require an employee to use leave covered by the minimum standards and requirements
3.27pursuant to this section prior to other available paid time off or other paid leave.
The
3.28requirements of this paragraph do not apply to short-term or long-term disability
benefits
3.29administered under chapter 268B, or other salary continuation benefits.
3.30(b) (c) Nothing in sections
181.9445 to
181.9448 shall be construed to limit the right of
3.31parties to a collective bargaining agreement to bargain and agree with respect to
earned sick
3.32and safe time policies or to diminish the obligation of an employer to comply with
any
3.33contract, collective bargaining agreement, or any employment benefit program or plan
that
4.1meets or exceeds, and does not otherwise conflict with, the minimum standards and
4.2requirements provided in this section.
4.3(c) (d) Nothing in sections
181.9445 to
181.9448 shall be construed to preempt, limit,
4.4or otherwise affect the applicability of any other law, regulation, requirement, policy,
or
4.5standard that provides for a greater amount, accrual, or use by employees of paid
sick and
4.6safe time or that extends other protections to employees.
4.7(d) (e) Nothing in sections
181.9445 to
181.9448 shall be construed or applied so as to
4.8create any power or duty in conflict with federal law.
4.9(e) (f) Employers who provide earned sick and safe time to their employees under a paid
4.10time off policy or other paid leave policy that may be used for the same purposes
and under
4.11the same conditions as earned sick and safe time, and that meets or exceeds, and does
not
4.12otherwise conflict with, the minimum standards and requirements provided in sections
4.13181.9445 to
181.9448 are not required to provide additional earned sick and safe time.
4.14(f) (g) The provisions of sections
181.9445 to
181.9448 may be waived by a collective
4.15bargaining agreement with a bona fide building and construction trades labor organization
4.16that has established itself as the collective bargaining representative for the affected
building
4.17and construction industry employees, provided that for such waiver to be valid, it
shall
4.18explicitly reference sections
181.9445 to
181.9448 and clearly and unambiguously waive
4.19application of those sections to such employees.
4.20(g) (h) The requirements of section
181.9447, subdivision 3, may be waived for paid
4.21leave made available to an employee by an employer for absences from work in excess
of
4.22the minimum amount required in section
181.9446 through a collective bargaining agreement
4.23with a labor organization that has established itself as the collective bargaining
representative
4.24for the employees, provided that for such waiver to be valid, it shall explicitly
reference
4.25section
181.9447, subdivision 3, and clearly and unambiguously waive application of that
4.26subdivision to such employees.
4.27(h) (i) An individual provider, as defined in section
256B.0711, subdivision 1, paragraph
4.28(d), who provides services through a consumer support grant under section
256.476,
4.29consumer-directed community supports under section
256B.4911, or community first services
4.30and supports under section
256B.85, to a family member who is a participant, as defined
4.31in section
256B.0711, subdivision 1, paragraph (e), may individually waive the provisions
4.32of sections
181.9445 to
181.9448 for the remainder of the participant's service plan year,
4.33provided that the funds are returned to the participant's budget. Once an individual
provider
5.1has waived the provisions of sections
181.9445 to
181.9448, they may not accrue earned
5.2sick and safe time until the start of the participant's next service plan year.
5.3 (i) (j) Sections
181.9445 to
181.9448 do not prohibit an employer from establishing a
5.4policy whereby employees may donate unused accrued sick and safe time to another
5.5employee.
5.6 (j) (k) Sections
181.9445 to
181.9448 do not prohibit an employer from advancing sick
5.7and safe time to an employee before accrual by the employee.
An employer is permitted to
5.8advance earned sick and safe time to an employee based on the number of hours the
employee
5.9is anticipated to work for the remaining portion of an accrual year. If the advanced
amount
5.10is less than the amount the employee would have accrued based on the actual hours
worked,
5.11the employer must provide additional earned sick and safe time to make up the difference.
5.12EFFECTIVE DATE.This section is effective January 1, 2026."
5.13Amend the title accordingly
5.14The motion prevailed. #did not prevail. So the amendment was #not adopted.