Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1241 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to employment; repealing the Minnesota Paid Leave Law; returning unspent
3	3	1.3 money in the family medical leave account to the general fund; repealing Minnesota
4	4	1.4 Statutes 2024, sections 268B.001; 268B.01; 268B.02; 268B.03; 268B.04,
5	5	1.5 subdivisions 1, 2, 3, 4, 5, 6, 6a, 8; 268B.05; 268B.06, subdivisions 1, 2, 3, 4, 5, 6,
6	6	1.6 7a, 8, 9; 268B.07; 268B.081; 268B.085; 268B.09; 268B.10, subdivisions 1, 2, 3,
7	7	1.7 4, 5, 6, 7, 8, 9, 9a, 10, 12, 12a, 13, 14, 15, 16, 17, 18, 19, 20, 21, 21a; 268B.11;
8	8	1.8 268B.12; 268B.13; 268B.14, subdivisions 1, 2, 3, 4, 5a, 5b, 5c, 6, 7, 8, 9; 268B.145;
9	9	1.9 268B.15; 268B.155; 268B.16; 268B.17; 268B.18; 268B.185; 268B.19; 268B.21;
10	10	1.10 268B.22; 268B.23; 268B.24; 268B.25; 268B.26; 268B.27; 268B.28; 268B.29;
11	11	1.11 268B.30.
12	12	1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
13	13	1.13 Section 1. TRANSFER.
14	14	1.14 Unspent funds from the family medical leave account under Minnesota Statutes, section
15	15	1.15268B.02, are transferred to the general fund.
16	16	1.16 EFFECTIVE DATE.This section is effective July 1, 2025.
17	17	1.17 Sec. 2. REPEALER.
18	18	1.18 Minnesota Statutes 2024, sections 268B.001; 268B.01; 268B.02; 268B.03; 268B.04,
19	19	1.19subdivisions 1, 2, 3, 4, 5, 6, 6a, and 8; 268B.05; 268B.06, subdivisions 1, 2, 3, 4, 5, 6, 7a,
20	20	1.208, and 9; 268B.07; 268B.081; 268B.085; 268B.09; 268B.10, subdivisions 1, 2, 3, 4, 5, 6,
21	21	1.217, 8, 9, 9a, 10, 12, 12a, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 21a; 268B.11; 268B.12;
22	22	1.22268B.13; 268B.14, subdivisions 1, 2, 3, 4, 5a, 5b, 5c, 6, 7, 8, and 9; 268B.145; 268B.15;
23	23	1.23268B.155; 268B.16; 268B.17; 268B.18; 268B.185; 268B.19; 268B.21; 268B.22; 268B.23;
24	24	1.24268B.24; 268B.25; 268B.26; 268B.27; 268B.28; 268B.29; and 268B.30, are repealed.
25	25	1Sec. 2.
26	26	REVISOR SS/AC 25-0357802/10/25
27	27	State of Minnesota
28	28	This Document can be made available
29	29	in alternative formats upon request
30	30	HOUSE OF REPRESENTATIVES
31	31	H. F. No. 1241
32	32	NINETY-FOURTH SESSION
33	33	Authored by Joy, Knudsen, Fogelman, Gordon, Duran and others02/20/2025
34	34	The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy 2.1 EFFECTIVE DATE.This section is effective July 1, 2025.
35	35	2Sec. 2.
36	36	REVISOR SS/AC 25-0357802/10/25 268B.001 CITATION.
37	37	This chapter may be cited as the "Minnesota Paid Leave Law."
38	38	268B.01 DEFINITIONS.
39	39	Subdivision 1.Scope.For the purposes of this chapter, the terms defined in this section have
40	40	the meanings given.
41	41	Subd. 2.Active duty."Active duty" has the meaning given in United States Code, title 29,
42	42	section 2611(14), and includes domestic deployment.
43	43	Subd. 3.Applicant."Applicant" means an individual or the individual's authorized representative
44	44	applying for leave with benefits under this chapter.
45	45	Subd. 4.Applicant's average weekly wage."Applicant's average weekly wage" means an
46	46	amount equal to the applicant's high quarter wage credits divided by 13.
47	47	Subd. 4a.Authorized representative."Authorized representative" means an individual
48	48	designated by the person or the individual's legal representative to act on their behalf. This individual
49	49	may be a family member, guardian, or other individual designated by the person or the individual's
50	50	legal representative, if any, to assist in purchasing and arranging for supports. For the purposes of
51	51	this chapter, an authorized representative must be at least 18 years of age.
52	52	Subd. 5.Base period.(a) "Base period," unless otherwise provided in this subdivision, means
53	53	the most recent four completed calendar quarters before the effective date of an applicant's application
54	54	for family or medical leave benefits if the application has an effective date occurring after the month
55	55	following the most recent completed calendar quarter. The base period under this paragraph is as
56	56	follows:
57	57	The base period is the prior:
58	58	If the application for family or medical leave
59	59	benefits is effective on or between these dates:
60	60	January 1 to December 31February 1 to March 31
61	61	April 1 to March 31May 1 to June 30
62	62	July 1 to June 30August 1 to September 30
63	63	October 1 to September 30November 1 to December 31
64	64	(b) If an application for family or medical leave benefits has an effective date that is during the
65	65	month following the most recent completed calendar quarter, then the base period is the first four
66	66	of the most recent five completed calendar quarters before the effective date of an applicant's
67	67	application for family or medical leave benefits. The base period under this paragraph is as follows:
68	68	The base period is the prior:
69	69	If the application for family or medical leave
70	70	benefits is effective on or between these dates:
71	71	October 1 to September 30January 1 to January 31
72	72	January 1 to December 31April 1 to April 30
73	73	April 1 to March 31July 1 to July 31
74	74	July 1 to June 30October 1 to October 31
75	75	(c) Regardless of paragraph (a), a base period of the first four of the most recent five completed
76	76	calendar quarters must be used if the applicant would have more wage credits under that base period
77	77	than under a base period of the four most recent completed calendar quarters.
78	78	(d) If the applicant has insufficient wage credits to establish a benefit account under a base
79	79	period of the four most recent completed calendar quarters, or a base period of the first four of the
80	80	most recent five completed calendar quarters, but during either base period the applicant received
81	81	workers' compensation for temporary disability under chapter 176 or a similar federal law or similar
82	82	law of another state, or if the applicant whose own serious illness caused a loss of work for which
83	83	the applicant received compensation for loss of wages from some other source, the applicant may
84	84	request a base period as follows:
85	85	(1) if an applicant was compensated for a loss of work of seven to 13 weeks during a base period
86	86	referred to in paragraph (a) or (b), then the base period is the first four of the most recent six
87	87	1R
88	88	APPENDIX
89	89	Repealed Minnesota Statutes: 25-03578 completed calendar quarters before the effective date of the application for family or medical leave
90	90	benefits;
91	91	(2) if an applicant was compensated for a loss of work of 14 to 26 weeks during a base period
92	92	referred to in paragraph (a) or (b), then the base period is the first four of the most recent seven
93	93	completed calendar quarters before the effective date of the application for family or medical leave
94	94	benefits;
95	95	(3) if an applicant was compensated for a loss of work of 27 to 39 weeks during a base period
96	96	referred to in paragraph (a) or (b), then the base period is the first four of the most recent eight
97	97	completed calendar quarters before the effective date of the application for family or medical leave
98	98	benefits; and
99	99	(4) if an applicant was compensated for a loss of work of 40 or more weeks during a base period
100	100	referred to in paragraph (a) or (b), then the base period is the first four of the most recent nine
101	101	completed calendar quarters before the effective date of the application for family or medical leave
102	102	benefits.
103	103	(e) For an applicant under a private plan as provided in section 268B.10, the base period is those
104	104	most recent four quarters in which wage credits were earned. If an employer does not have four
105	105	quarters of wage detail information, the employer must accept an employee's certification of wage
106	106	credits, based on the employee's records. If the employee does not provide certification of additional
107	107	wage credits, the employer may use a base period that consists of all available quarters.
108	108	(f) The base period is calculated once during the benefit year.
109	109	Subd. 6.Benefit."Benefit" or "benefits" means monetary payments under this chapter associated
110	110	with qualifying bonding, family care, medical care related to pregnancy, serious health condition,
111	111	qualifying exigency, or safety leave events, unless otherwise indicated by context.
112	112	Subd. 7.Benefit account."Benefit account" means a benefit account established under section
113	113	268B.04.
114	114	Subd. 8.Benefit year.(a) Except as provided in paragraphs (b) to (d), "benefit year" means the
115	115	period of 52 calendar weeks beginning the effective date of leave under section 268B.04 is effective.
116	116	For an effective date of leave that is any January 1, April 1, July 1, or October 1, the benefit year
117	117	will be a period of 53 calendar weeks.
118	118	(b) For an individual with multiple employers participating in the state plan, "benefit year"
119	119	means the period of 52 calendar weeks beginning the date an effective date of leave under section
120	120	268B.04 is effective for any of the multiple employers.
121	121	(c) For a private plan under section 268B.10, "benefit year" means:
122	122	(1) a calendar year;
123	123	(2) any fixed 12-month period, such as a fiscal year or a 12-month period measured forward
124	124	from an employee's first date of employment;
125	125	(3) a 12-month period measured forward from an employee's first day of leave taken; or
126	126	(4) a rolling 12-month period measured backward from an employee's first day of leave taken.
127	127	Employers are required to notify employees of their benefit year within 30 days of the private plan
128	128	approval and first day of employment.
129	129	(d) For individuals with multiple employers with at least one employer participating in the state
130	130	plan and at least one employer participating in a private plan:
131	131	(1) for the employer or employers participating in the state plan, "benefit year" means the period
132	132	of 52 calendar weeks beginning the effective date of leave is effective for any employer; and
133	133	(2) the employer or employers participating in a private plan may define their benefit year
134	134	according to paragraph (c).
135	135	Subd. 9.Bonding."Bonding" means time spent by an applicant who is a biological, adoptive,
136	136	or foster parent with a biological, adopted, or foster child in conjunction with the child's birth,
137	137	adoption, or placement.
138	138	Subd. 10.Calendar day."Calendar day" or "day" means a fixed 24-hour period corresponding
139	139	to a single calendar date.
140	140	2R
141	141	APPENDIX
142	142	Repealed Minnesota Statutes: 25-03578 Subd. 11.Calendar quarter."Calendar quarter" means the period of three consecutive calendar
143	143	months ending on March 31, June 30, September 30, or December 31.
144	144	Subd. 12.Calendar week."Calendar week" has the same meaning as "week" under subdivision
145	145	49.
146	146	Subd. 13.Commissioner."Commissioner" means the commissioner of employment and
147	147	economic development, unless otherwise indicated by context.
148	148	Subd. 14.Construction industry."Construction industry" means any construction,
149	149	reconstruction, building erection, alteration, remodel, repair, renovation, rehabilitation, excavation,
150	150	or demolition of any building, structure, facility utility, power plant, sewer, dam, highway, road,
151	151	street, airport, bridge, or other improvement.
152	152	Subd. 15.Covered employment.(a) "Covered employment" means performing services of
153	153	whatever nature, unlimited by the relationship of master and servant as known to the common law,
154	154	or any other legal relationship performed for wages or under any contract calling for the performance
155	155	of services, written or oral, express or implied.
156	156	(b) For the purposes of this chapter, covered employment means an employee's entire employment
157	157	during a calendar year if:
158	158	(1) 50 percent or more of the employment during the calendar year is performed in Minnesota;
159	159	or
160	160	(2) 50 percent or more of the employment during the calendar year is not performed in Minnesota
161	161	or any other single state within the United States, or United States territory or foreign nation, but
162	162	some of the employment is performed in Minnesota and the employee's residence is in Minnesota
163	163	during 50 percent or more of the calendar year.
164	164	(c) "Covered employment" does not include:
165	165	(1) a self-employed individual;
166	166	(2) an independent contractor; or
167	167	(3) employment by a seasonal employee, as defined in subdivision 35.
168	168	(d) Entities that are excluded under this section may opt in to coverage following a procedure
169	169	determined by the commissioner. In such cases, services provided by employees are considered
170	170	covered employment under subdivision 15.
171	171	(e) The commissioner may adopt rules in accordance with chapter 14 to:
172	172	(1) further define the application of this subdivision; and
173	173	(2) establish the criteria for covered employment for individuals that do not meet the criteria in
174	174	paragraphs (a) and (b), but that perform services as an employee to a Minnesota employer.
175	175	Subd. 15a.Covered individual."Covered individual" means either:
176	176	(1) an applicant who meets the financial eligibility requirements of section 268B.04, subdivision
177	177	2, if services provided are covered employment under subdivision 15; or
178	178	(2) a self-employed individual or independent contractor who has elected coverage under section
179	179	268B.11 and who meets the financial eligibility requirements under section 268B.11.
180	180	Subd. 15b.Effective date of application."Effective date of application" means the date on
181	181	which an application is submitted to the department.
182	182	Subd. 15c.Effective date of leave."Effective date of leave" means the date of first absence
183	183	associated with a leave under section 268B.09.
184	184	Subd. 16.Department."Department" means the Department of Employment and Economic
185	185	Development, unless otherwise indicated by context.
186	186	Subd. 17.Employee.(a) "Employee" means an individual who performs services of whatever
187	187	nature for an employer.
188	188	(b) Employee does not include employees of the United States of America, self-employed
189	189	individuals, or independent contractors.
190	190	(c) Employee does not include seasonal employees as defined in subdivision 35.
191	191	3R
192	192	APPENDIX
193	193	Repealed Minnesota Statutes: 25-03578 Subd. 18.Employer.(a) "Employer" means:
194	194	(1) any person, type of organization, or entity, including any partnership, association, trust,
195	195	estate, joint stock company, insurance company, limited liability company, or corporation, whether
196	196	domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the legal representative of a
197	197	deceased person, having any individual in covered employment;
198	198	(2) the state, state agencies, Minnesota State Colleges and Universities, University of Minnesota,
199	199	and other statewide public systems;
200	200	(3) any municipality or local government entity, including but not limited to a county, city,
201	201	town, school district, Metropolitan Council, Metropolitan Airports Commission, housing and
202	202	redevelopment authority, port authority, economic development authority, sports facilities authority,
203	203	board or commission, joint powers board or organization created under section 471.59, destination
204	204	medical center corporation, municipal corporation, quasimunicipal corporation, or other political
205	205	subdivision. An employer also includes charter schools; and
206	206	(4) the taxpaying employer as described in section 268.046, subdivision 1.
207	207	(b) Employer does not include:
208	208	(1) the United States of America; or
209	209	(2) a self-employed individual who has elected and been approved for coverage under section
210	210	268B.11 with regard to the self-employed individual's own coverage and benefits.
211	211	Subd. 19.Estimated self-employment income."Estimated self-employment income" means
212	212	a self-employed individual's net earnings from self-employment in the most recent taxable year.
213	213	Subd. 20.Family and medical benefit insurance account."Family and medical benefit
214	214	insurance account" means the family and medical benefit insurance account in the special revenue
215	215	fund in the state treasury under section 268B.02.
216	216	Subd. 21.Family benefit program."Family benefit program" means the program administered
217	217	under this chapter for the collection of premiums and payment of benefits related to family care,
218	218	bonding, safety leave, and leave related to a qualifying exigency.
219	219	Subd. 22.Family care."Family care" means an applicant caring for a family member with a
220	220	serious health condition or caring for a family member who is a military member.
221	221	Subd. 23.Family member.(a) "Family member" means, with respect to an applicant:
222	222	(1) a spouse or domestic partner;
223	223	(2) a child, including a biological child, adopted child, foster child, stepchild, child of a domestic
224	224	partner, or child to whom the applicant stands in loco parentis, is a legal guardian, or is a de facto
225	225	custodian;
226	226	(3) a parent or legal guardian of the applicant;
227	227	(4) a sibling;
228	228	(5) a grandchild;
229	229	(6) a grandparent or spouse's grandparent;
230	230	(7) a son-in-law or daughter-in-law; and
231	231	(8) an individual who has a personal relationship with the applicant that creates an expectation
232	232	and reliance that the applicant care for the individual without compensation, whether or not the
233	233	applicant and the individual reside together.
234	234	(b) For the purposes of this chapter, "grandchild" means a child of the applicant's child.
235	235	(c) For the purposes of this chapter, "grandparent" means a parent of the applicant's parent.
236	236	(d) For the purposes of this chapter, "parent" means the biological, adoptive, de facto custodian,
237	237	or foster parent, stepparent, or legal guardian of an applicant or the applicant's spouse, or an individual
238	238	who stood in loco parentis to an applicant when the applicant was a child.
239	239	Subd. 23a.Financially eligible."Financially eligible" means an applicant meets the requirements
240	240	established under section 268B.04, subdivision 2.
241	241	4R
242	242	APPENDIX
243	243	Repealed Minnesota Statutes: 25-03578 Subd. 24.Health care provider."Health care provider" means:
244	244	(1) an individual who is licensed, certified, or otherwise authorized under law to practice in the
245	245	individual's scope of practice as a physician; physician assistant; podiatrist; osteopath; surgeon;
246	246	advanced practice registered nurse; an alcohol and drug counselor as defined in section 148F.01,
247	247	subdivision 5; or a mental health professional as defined in section 245I.02, subdivision 27; or
248	248	(2) any other individual determined by the commissioner by rule, in accordance with the
249	249	rulemaking procedures in the Administrative Procedure Act, to be capable of providing health care
250	250	services.
251	251	Subd. 25.High quarter."High quarter" means the calendar quarter in an applicant's base period
252	252	with the highest amount of wage credits.
253	253	Subd. 26.Incapacity."Incapacity" means inability to perform regular work, attend school, or
254	254	perform regular daily activities due to a serious health condition, treatment therefore, or recovery
255	255	therefrom.
256	256	Subd. 27.Independent contractor.If there is an existing specific test or definition for
257	257	independent contractor in Minnesota statute or rule applicable to an occupation or sector as of May
258	258	25, 2023, that test or definition shall apply to that occupation or sector for purposes of this chapter.
259	259	If there is not an existing test or definition as described, the definition for independent contractor
260	260	shall be as provided in Minnesota Rules, part 5200.0221.
261	261	Subd. 27a.Initial paid week."Initial paid week" means the first seven days of a leave, which
262	262	must be paid and is a payable period for leave types including family care, medical care related to
263	263	pregnancy, serious health condition, qualifying exigency, or safety leave. For intermittent leave,
264	264	initial paid week means seven consecutive or nonconsecutive, or a combination of consecutive and
265	265	nonconsecutive, calendar days from the effective date of leave, of which only days when leave is
266	266	taken are payable. The initial week must be paid retroactively after the applicant has met the
267	267	seven-day qualifying event under section 268B.06, subdivision 2. A retroactive payment must be
268	268	included in the first benefit payment to the applicant.
269	269	Subd. 28.Inpatient care."Inpatient care" means an overnight stay in a hospital, hospice, or
270	270	residential medical care facility, including any period of incapacity, or any subsequent treatment
271	271	in connection with such inpatient care.
272	272	Subd. 29.Maximum weekly benefit amount."Maximum weekly benefit amount" means the
273	273	state's average weekly wage as calculated under section 268.035, subdivision 23.
274	274	Subd. 30.Medical benefit program."Medical benefit program" means the program administered
275	275	under this chapter for the collection of premiums and payment of benefits related to an applicant's
276	276	serious health condition or medical care related to pregnancy.
277	277	Subd. 31.Medical care related to pregnancy."Medical care related to pregnancy" includes
278	278	prenatal care or incapacity due to pregnancy or recovery from childbirth, stillbirth, miscarriage, or
279	279	related health conditions.
280	280	Subd. 32.Net earnings from self-employment."Net earnings from self-employment" has the
281	281	meaning given in section 1402 of the Internal Revenue Code, as defined in section 290.01,
282	282	subdivision 31.
283	283	Subd. 33.Qualifying exigency.(a) "Qualifying exigency" means a need arising out of a military
284	284	member's active duty service or notice of an impending call or order to active duty in the United
285	285	States armed forces, including providing for the care or other needs of the family member's child
286	286	or other dependent, making financial or legal arrangements for the family member, attending
287	287	counseling, attending military events or ceremonies, spending time with the family member during
288	288	a rest and recuperation leave or following return from deployment, or making arrangements following
289	289	the death of the military member.
290	290	(b) For the purposes of this chapter, a "military member" means a current or former member
291	291	of the United States armed forces, including a member of the National Guard or reserves, who,
292	292	except for a deceased military member, is a resident of the state and is a family member of the
293	293	applicant taking leave related to the qualifying exigency.
294	294	Subd. 34.Safety leave."Safety leave" means leave from work because of domestic abuse,
295	295	sexual assault, or stalking of the applicant or applicant's family member, provided the leave is to:
296	296	5R
297	297	APPENDIX
298	298	Repealed Minnesota Statutes: 25-03578 (1) seek medical attention related to the physical or psychological injury or disability caused
299	299	by domestic abuse, sexual assault, or stalking;
300	300	(2) obtain services from a victim services organization;
301	301	(3) obtain psychological or other counseling;
302	302	(4) seek relocation due to the domestic abuse, sexual assault, or stalking; or
303	303	(5) seek legal advice or take legal action, including preparing for or participating in any civil
304	304	or criminal legal proceeding related to, or resulting from, the domestic abuse, sexual assault, or
305	305	stalking.
306	306	Subd. 35.Seasonal employee.(a) A seasonal employee is an individual who is employed for
307	307	no more than 150 days during any consecutive 52-week period in hospitality by an employer whose
308	308	average receipts during any six months of the preceding calendar year were not more than 33 percent
309	309	of its average receipts for the other six months of such year.
310	310	(b) For the purposes of this section, "hospitality" has the meaning given under the collective
311	311	definitions in section 157.15, subdivisions 4 to 9 and 11 to 14.
312	312	(c) For an individual to be classified as a seasonal employee, an employer must apply to the
313	313	department in a format and manner prescribed by the commissioner and certify that:
314	314	(1) the employee meets or will meet the 150-day maximum employment duration under this
315	315	subdivision;
316	316	(2) the employee's primary line of work is hospitality;
317	317	(3) the employer meets the receipts threshold under this subdivision; and
318	318	(4) the employer has provided the required employee notice required under section 268B.26.
319	319	(d) An employer must notify the department, in a format and manner prescribed by the
320	320	commissioner, within five business days if a previously classified seasonal employee no longer
321	321	meets the criteria above and is no longer a seasonal employee.
322	322	Subd. 36.Self-employed individual."Self-employed individual" means a resident of the state
323	323	who, in one taxable year preceding the current calendar year, derived at least 5.3 percent of the
324	324	state's average annual wage in net earnings from self-employment.
325	325	Subd. 37.Self-employment premium base."Self-employment premium base" means the lesser
326	326	of:
327	327	(1) a self-employed individual's estimated self-employment income for the calendar year plus
328	328	the individual's self-employment wages in the calendar year; or
329	329	(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability Insurance
330	330	tax in the taxable year.
331	331	Subd. 38.Self-employment wages."Self-employment wages" means the amount of wages that
332	332	a self-employed individual earned in the calendar year from an entity from which the individual
333	333	also received net earnings from self-employment.
334	334	Subd. 39.Serious health condition.(a) "Serious health condition" means a physical or mental
335	335	illness, injury, impairment, condition, or substance use disorder that involves:
336	336	(1) inpatient care in a hospital, hospice, or residential medical care facility, including any period
337	337	of incapacity; or
338	338	(2) continuing treatment or supervision by a health care provider which includes any one or
339	339	more of the following:
340	340	(i) a period of incapacity of seven or more days, and any subsequent treatment or period of
341	341	incapacity relating to the same condition, that also involves:
342	342	(A) treatment two or more times, within 30 days of the first day of incapacity, unless extenuating
343	343	circumstances beyond the individual's control prevent a follow-up visit from occurring as planned,
344	344	by a health care provider or by a provider of health care services under orders of, or on referral by,
345	345	a health care provider; or
346	346	(B) treatment by a health care provider on at least one occasion that results in a regimen of
347	347	continuing treatment under the supervision of the health care provider;
348	348	6R
349	349	APPENDIX
350	350	Repealed Minnesota Statutes: 25-03578 (ii) a period of incapacity due to medical care related to pregnancy;
351	351	(iii) a period of incapacity or treatment for a chronic health condition that:
352	352	(A) requires periodic visits, defined as at least twice a year, for treatment by a health care
353	353	provider or under orders of, or on referral by, a health care provider;
354	354	(B) continues over an extended period of time, including recurring episodes of a single underlying
355	355	condition; and
356	356	(C) may cause episodic rather than continuing periods of incapacity;
357	357	(iv) a period of incapacity which is permanent or long term due to a condition for which treatment
358	358	may not be effective. The applicant or family member must be under the continuing supervision
359	359	of, but need not be receiving active treatment by, a health care provider; or
360	360	(v) a period of absence to receive multiple treatments, including any period of recovery from
361	361	the treatments, by a health care provider or by a provider of health care services under orders of,
362	362	or on referral by, a health care provider, for:
363	363	(A) restorative surgery after an accident or other injury; or
364	364	(B) a condition that would likely result in a period of incapacity of more than seven full calendar
365	365	days in the absence of medical intervention or treatment.
366	366	(b) For the purposes of paragraph (a), clauses (1) and (2), treatment by a health care provider
367	367	means an in-person visit or telemedicine visit with a health care provider, or by a provider of health
368	368	care services under orders of, or on referral by, a health care provider.
369	369	(c) For the purposes of paragraph (a), treatment includes but is not limited to examinations to
370	370	determine if a serious health condition exists and evaluations of the condition.
371	371	(d) Absences attributable to incapacity under paragraph (a), clause (2), item (ii) or (iii), qualify
372	372	for leave under this chapter even if the applicant or the family member does not receive treatment
373	373	from a health care provider during the absence, and even if the absence does not last more than
374	374	seven consecutive, full calendar days.
375	375	Subd. 40.State's average weekly wage."State's average weekly wage" means the weekly wage
376	376	calculated under section 268.035, subdivision 23.
377	377	Subd. 41.Supplemental benefit payment.(a) "Supplemental benefit payment" means:
378	378	(1) a payment made by an employer to an employee as salary continuation or as paid time off.
379	379	Such a payment must be in addition to any family or medical leave benefits the employee is receiving
380	380	under this chapter; and
381	381	(2) a payment offered by an employer to an employee who is taking leave under this chapter to
382	382	supplement the family or medical leave benefits the employee is receiving.
383	383	(b) Employers may, but are not required to, designate certain benefits including but not limited
384	384	to salary continuation, vacation leave, sick leave, or other paid time off as a supplemental benefit
385	385	payment.
386	386	(c) Nothing in this chapter requires an employee to receive supplemental benefit payments.
387	387	(d) At no time shall a supplemental benefit payment combined with any leave benefit received
388	388	under this chapter exceed the regular wage or salary of the applicant.
389	389	Subd. 42.Taxable year."Taxable year" has the meaning given in section 290.01, subdivision
390	390	9.
391	391	Subd. 43.Taxable wages."Taxable wages" means those wages paid to an employee in covered
392	392	employment each calendar year up to an amount equal to the maximum wages subject to premium
393	393	in a calendar year, which is equal to the maximum earnings in that year subject to the FICA Old-Age,
394	394	Survivors, and Disability Insurance tax rounded to the nearest $1,000.
395	395	Subd. 44.Typical workweek."Typical workweek" means the average number of hours worked
396	396	per week by an employee within the last two quarters prior to the effective date of application.
397	397	Subd. 45.Wage credits."Wage credits" means the amount of wages paid within an applicant's
398	398	base period for covered employment, as defined in subdivision 15.
399	399	7R
400	400	APPENDIX
401	401	Repealed Minnesota Statutes: 25-03578 Subd. 46.Wage detail report."Wage detail report" means the report on each employee and
402	402	all seasonal employees in covered employment required from an employer on a calendar quarter
403	403	basis under section 268B.12.
404	404	Subd. 47.Wages."Wages" has the meaning given in section 268.035, subdivision 29.
405	405	Subd. 48.Wages paid.(a) "Wages paid" means the amount of wages:
406	406	(1) that have been actually paid; or
407	407	(2) that have been credited to or set apart so that payment and disposition is under the control
408	408	of the employee.
409	409	(b) Wage payments delayed beyond the regularly scheduled pay date are wages paid on the
410	410	missed pay date. Back pay is wages paid on the date of actual payment. Any wages earned but not
411	411	paid with no scheduled date of payment are wages paid on the last day of employment.
412	412	(c) Wages paid does not include wages earned but not paid except as provided for in this
413	413	subdivision.
414	414	Subd. 49.Week."Week" means calendar week ending at midnight Saturday.
415	415	Subd. 50.Weekly benefit amount."Weekly benefit amount" means the amount of family and
416	416	medical leave benefits computed under section 268B.04.
417	417	268B.02 FAMILY AND MEDICAL BENEFIT INSURANCE PROGRAM CREATION.
418	418	Subdivision 1.Creation.A family and medical benefit insurance program is created to be
419	419	administered by the commissioner according to the terms of this chapter.
420	420	Subd. 2.Creation of division.A Family and Medical Benefit Insurance Division is created
421	421	within the department under the authority of the commissioner. The commissioner shall appoint a
422	422	director of the division. The division shall administer and operate the benefit program under this
423	423	chapter.
424	424	Subd. 3.Rulemaking.The commissioner shall adopt rules to implement the provisions of this
425	425	chapter. For the purposes of this chapter, the commissioner may use the expedited rulemaking
426	426	process under section 14.389.
427	427	Subd. 4.Account creation; appropriation.The family and medical benefit insurance account
428	428	is created in the special revenue fund in the state treasury. Unless otherwise appropriated, money
429	429	in this account is appropriated to the commissioner to pay benefits under and to administer this
430	430	chapter, including outreach required under section 268B.18. Appropriations and transfers to the
431	431	account are credited to the account. Earnings, such as interest, dividends, and any other earnings
432	432	arising from assets of the account, are credited to the account. Money remaining in the account at
433	433	the end of a fiscal year is not canceled to the general fund but remains in the account until expended.
434	434	Subd. 5.Information technology services and equipment.The department is exempt from
435	435	the provisions of section 16E.016 for the purposes of this chapter.
436	436	Subd. 6.Procurement.For purposes of administering this chapter, until July 1, 2026, the
437	437	department is exempt from the requirements of sections 16A.15, subdivision 3; 16C.06; 16C.08 to
438	438	16C.09; and any other applicable state procurement laws and procedures.
439	439	268B.03 PAYMENT OF BENEFITS.
440	440	Subdivision 1.Requirements.The commissioner must pay benefits from the family and medical
441	441	benefit insurance account as provided under this chapter to an applicant who has met each of the
442	442	following requirements:
443	443	(1) the applicant has filed an application for benefits and established a benefit account in
444	444	accordance with section 268B.04;
445	445	(2) the applicant has met all of the ongoing eligibility requirements under section 268B.06;
446	446	(3) the applicant does not have an outstanding overpayment of family or medical leave benefits
447	447	due to misrepresentation, including any penalties or interest;
448	448	(4) the applicant has not been held ineligible for benefits under section 268B.07, subdivision
449	449	2; and
450	450	8R
451	451	APPENDIX
452	452	Repealed Minnesota Statutes: 25-03578 (5) the applicant is not employed exclusively by a private plan employer and has wage credits
453	453	during the base year attributable to employers covered under the state family and medical leave
454	454	program.
455	455	Subd. 2.Benefits paid from state funds.Benefits are paid from state funds and are not
456	456	considered paid from any special insurance plan, nor as paid by an employer. An application for
457	457	family or medical leave benefits is not considered a claim against an employer but is considered a
458	458	request for benefits from the family and medical benefit insurance account. The commissioner has
459	459	the responsibility for the proper payment of benefits regardless of the level of interest or participation
460	460	by an applicant or an employer in any determination or appeal. An applicant's entitlement to benefits
461	461	must be determined based upon that information available without regard to a burden of proof. Any
462	462	agreement between an applicant and an employer is not binding on the commissioner in determining
463	463	an applicant's entitlement. There is no presumption of entitlement or nonentitlement to benefits.
464	464	268B.04 FINANCIAL ELIGIBILITY; BENEFITS.
465	465	Subdivision 1.Application for benefits; determination of financial eligibility.(a) An
466	466	application for benefits may be filed up to 60 days before leave taken under chapter 268B in person,
467	467	by mail, or by electronic transmission as the commissioner may require. The applicant must include
468	468	certification supporting a request for leave under this chapter. The applicant must meet eligibility
469	469	requirements and must provide all requested information in the manner required. If the applicant
470	470	fails to provide all requested information within a time period to be specified by the commissioner,
471	471	the application is considered closed and the division must not further act on it.
472	472	(b) The commissioner must examine each application for benefits to determine the base period
473	473	and the benefit year, and based upon all the covered employment in the base period the commissioner
474	474	must determine the financial eligibility of the applicant, which includes the weekly benefit amount
475	475	available, if any, and the maximum amount of benefits available, if any. The department must notify
476	476	all employers from which the applicant is taking leave, either in writing or electronically, not more
477	477	than five business days after a claim for benefits has been filed by an employee or former employee
478	478	as provided under this section.
479	479	(c) If a base period employer did not provide wage detail information for the applicant as required
480	480	under section 268B.12, the commissioner may accept an applicant certification of wage credits,
481	481	based upon the applicant's records, and determine the financial eligibility of the applicant.
482	482	(d) The commissioner may, at any time within 12 months from the establishment of a leave,
483	483	reconsider any determination of benefit account and make an amended determination if the
484	484	commissioner finds that the wage credits listed in the determination were incorrect for any reason.
485	485	An amended determination of benefit account must be promptly sent to the applicant and any
486	486	impacted base period employers, by mail or electronic transmission. This paragraph does not apply
487	487	to determinations of eligibility or determinations of ineligibility issued.
488	488	(e) If an amended determination of benefit account reduces the weekly benefit amount or
489	489	maximum amount of benefits available, any benefits that have been paid greater than the applicant
490	490	was entitled is an overpayment of benefits. A determination or amended determination issued under
491	491	this section that results in an overpayment of benefits must set out the amount of the overpayment
492	492	and the requirement that the overpaid benefits must be repaid according to section 268B.185.
493	493	Subd. 2.Benefit account requirements.To establish a benefit account, an applicant must have
494	494	wage credits of at least 5.3 percent of the state's average annual wage rounded down to the next
495	495	lower $100.
496	496	Subd. 3.Weekly benefit amount; maximum amount of benefits available; prorated
497	497	amount.(a) Subject to the maximum weekly benefit amount, an applicant's weekly benefit is
498	498	calculated by adding the amounts obtained by applying the following percentage to an applicant's
499	499	average weekly wage during the high quarter of the base period:
500	500	(1) 90 percent of wages that do not exceed 50 percent of the state's average weekly wage; plus
501	501	(2) 66 percent of wages that exceed 50 percent of the state's average weekly wage but not 100
502	502	percent; plus
503	503	(3) 55 percent of wages that exceed 100 percent of the state's average weekly wage.
504	504	(b) For applicants that have changed employers within the base period, the weekly benefit
505	505	amount is calculated based on the highest quarter of wages in the base period.
506	506	9R
507	507	APPENDIX
508	508	Repealed Minnesota Statutes: 25-03578 (c) The state's average weekly wage is the average wage as calculated under section 268.035,
509	509	subdivision 23, at the time a benefit amount is first determined.
510	510	(d) The maximum weekly benefit amount is the state's average weekly wage as calculated under
511	511	section 268.035, subdivision 23.
512	512	(e) The state's maximum weekly benefit amount, computed in accordance with section 268.035,
513	513	subdivision 23, applies to leaves established effective on or after the last Sunday in October. Once
514	514	established, an applicant's weekly benefit amount is not affected by the last Sunday in October
515	515	change in the state's maximum weekly benefit amount.
516	516	(f) For a covered individual receiving family or medical leave, a weekly benefit amount is
517	517	prorated when:
518	518	(1) the covered individual works hours for wages;
519	519	(2) the covered individual uses paid sick leave, paid vacation leave, or other paid time off that
520	520	is not considered a supplemental benefit payment as defined in section 268B.01, subdivision 41;
521	521	or
522	522	(3) leave is taken intermittently.
523	523	Subd. 4.Timing of payment.Except as otherwise provided for in this chapter, benefits must
524	524	be paid weekly.
525	525	Subd. 5.Maximum length of benefits.(a) The total number of weeks that an applicant may
526	526	take benefits in a single benefit year for a serious health condition is the lesser of 12 weeks, or 12
527	527	weeks minus the number of weeks within the same benefit year that the applicant received benefits
528	528	for bonding, safety leave, family care, and qualifying exigency plus eight weeks.
529	529	(b) The total number of weeks that an applicant may take benefits in a single benefit year for
530	530	bonding, safety leave, family care, and qualifying exigency is the lesser of 12 weeks, or 12 weeks
531	531	minus the number of weeks within the same benefit year that the applicant received benefits for a
532	532	serious health condition plus eight weeks.
533	533	Subd. 6.Minimum period for which benefits payable.Except for a claim for benefits for
534	534	bonding leave, any claim for benefits must be based on a single qualifying event of at least seven
535	535	calendar days.
536	536	Subd. 6a.Minimum increment of leave.Intermittent leave must be taken in increments
537	537	consistent with the established policy of the employer to account for use of other forms of leave,
538	538	so long as such employer's policy permits a minimum increment of at most one calendar day of
539	539	intermittent leave. An applicant is not permitted to apply for payment for benefits associated with
540	540	intermittent leave until the applicant has eight hours of accumulated leave time, unless more than
541	541	30 calendar days have lapsed since the initial taking of the leave.
542	542	Subd. 8.Limitations on applications and leaves.(a) An application for family or medical
543	543	leave benefits is effective the Sunday of the calendar week that the application was filed. An
544	544	application for benefits may be backdated one calendar week before the Sunday of the week the
545	545	application was actually filed if the applicant requests the backdating within seven calendar days
546	546	of the effective date of application. An application may be backdated only if the applicant was
547	547	eligible for the benefit during the period of the backdating. If an individual attempted to file an
548	548	application for benefits, but was prevented from filing an application by the department, the
549	549	application is effective the Sunday of the calendar week the individual first attempted to file an
550	550	application.
551	551	(b) If the applicant was unable to apply in a timely manner due to incapacitation or due to no
552	552	fault of their own, the commissioner may backdate the claim beyond one calendar week to the
553	553	effective date of leave. The commissioner may require the employee to prove the circumstances
554	554	that prevented timely filing.
555	555	268B.05 NOTIFICATION OF CHANGED CIRCUMSTANCES.
556	556	An applicant shall promptly notify the department of changes that may affect eligibility under
557	557	section 268B.06.
558	558	268B.06 ELIGIBILITY REQUIREMENTS; PAYMENTS THAT AFFECT BENEFITS.
559	559	Subdivision 1.Eligibility conditions.(a) An applicant may be eligible to receive family or
560	560	medical leave benefits for any week if:
561	561	10R
562	562	APPENDIX
563	563	Repealed Minnesota Statutes: 25-03578 (1) the week for which benefits are requested is in the applicant's benefit year;
564	564	(2) the applicant was unable to perform regular work due to a serious health condition, a
565	565	qualifying exigency, safety leave, family care, bonding, or medical care related to pregnancy. For
566	566	bonding leave, eligibility ends 12 months after birth or placement;
567	567	(3) the applicant has sufficient wage credits from an employer or employers as defined in section
568	568	268B.01, subdivision 45, to establish a benefit account under section 268B.04; and
569	569	(4) an applicant requesting benefits under this chapter must fulfill certification requirements
570	570	under subdivision 3.
571	571	(b) A self-employed individual or independent contractor who has elected and been approved
572	572	for coverage under section 268B.11 need not fulfill the requirement of paragraph (a), clause (3) or
573	573	(4).
574	574	Subd. 2.Seven-day qualifying event.(a) The period for which an applicant is seeking benefits
575	575	must be or have been based on a single event of at least seven calendar days' duration related to
576	576	medical care related to pregnancy, family care, a qualifying exigency, safety leave, or the applicant's
577	577	serious health condition. The days must be consecutive, unless the leave is intermittent. The
578	578	seven-day qualifying event under this paragraph is a retroactively payable period, not an unpaid
579	579	waiting period.
580	580	(b) Benefits related to bonding need not meet the seven-day qualifying event requirement.
581	581	(c) The commissioner shall use the rulemaking authority under section 268B.02, subdivision
582	582	3, to adopt rules regarding what serious health conditions and other events are prospectively presumed
583	583	to constitute seven-day qualifying events under this chapter.
584	584	Subd. 3.Certification.(a) Certification for an applicant taking leave related to the applicant's
585	585	serious health condition shall be sufficient if the certification states the date on which the serious
586	586	health condition began, the probable duration of the condition, and the appropriate medical facts
587	587	within the knowledge of the health care provider as required by the commissioner. If the applicant
588	588	requests intermittent leave, the certification must include the health care provider's reasonable
589	589	estimate of the frequency and duration and estimated treatment schedule, if applicable.
590	590	(b) Certification for an applicant taking leave to care for a family member with a serious health
591	591	condition shall be sufficient if the certification states the date on which the serious health condition
592	592	commenced, the probable duration of the condition, the appropriate medical facts within the
593	593	knowledge of the health care provider as required by the commissioner, a statement that the family
594	594	member requires care, and an estimate of the amount of time that the family member will require
595	595	care.
596	596	(c) Certification for an applicant taking leave due to medical care related to pregnancy shall be
597	597	sufficient if the certification states the applicant is experiencing medical care related to pregnancy
598	598	and recovery period based on appropriate medical facts within the knowledge of the health care
599	599	provider.
600	600	(d) Certification for an applicant taking bonding leave because of the birth of the applicant's
601	601	child shall be sufficient if the certification includes either the child's birth certificate or a document
602	602	issued by the health care provider of the child or the health care provider of the person who gave
603	603	birth, stating the child's birth date or estimated due date.
604	604	(e) Certification for an applicant taking bonding leave because of the placement of a child with
605	605	the applicant for adoption or foster care shall be sufficient if the applicant provides a document
606	606	issued by the health care provider of the child, an adoption or foster care agency involved in the
607	607	placement, or by other individuals as determined by the commissioner that confirms the placement
608	608	and the date of placement. To the extent that the status of an applicant as an adoptive or foster parent
609	609	changes while an application for benefits is pending, or while the covered individual is receiving
610	610	benefits, the applicant must notify the department of such change in status in writing.
611	611	(f) Certification for an applicant taking leave because of a qualifying exigency shall be sufficient
612	612	if the certification includes:
613	613	(1) a copy of the family member's active-duty orders;
614	614	(2) other documentation issued by the United States armed forces; or
615	615	(3) other documentation permitted by the commissioner.
616	616	11R
617	617	APPENDIX
618	618	Repealed Minnesota Statutes: 25-03578 (g) Certification for an applicant taking safety leave is sufficient if the certification includes a
619	619	court record or documentation signed by a qualified person acting in the qualified person's
620	620	professional capacity to declare a need for safety leave. The commissioner must not require disclosure
621	621	of details relating to an applicant's or applicant's family member's domestic abuse, sexual assault,
622	622	or stalking. The commissioner may adopt rules regarding safety leave.
623	623	(h) Certifications under paragraphs (a) to (d) must be reviewed and signed by a health care
624	624	provider with knowledge of the qualifying event associated with the leave.
625	625	(i) For a leave taken on an intermittent basis, based on a serious health condition of an applicant
626	626	or applicant's family member, the certification under this subdivision must include an explanation
627	627	of how such leave would be medically beneficial to the individual with the serious health condition.
628	628	Subd. 4.Not eligible.An applicant is ineligible for family or medical leave benefits for any
629	629	portion of a typical workweek:
630	630	(1) that occurs before the effective date of leave;
631	631	(2) that the applicant fails or refuses to provide information on an issue of ineligibility required
632	632	under section 268B.07, subdivision 2;
633	633	(3) for which the applicant worked for pay;
634	634	(4) for which the applicant is incarcerated; or
635	635	(5) for which the applicant is receiving or has received unemployment insurance benefits.
636	636	Subd. 5.Vacation, sick leave, and paid time off.(a) An employee may use vacation pay, sick
637	637	pay, or paid time off pay in lieu of family or medical leave program benefits under this chapter,
638	638	provided the employee is concurrently eligible and subject to the total amount of leave available
639	639	under section 268B.04, subdivision 5. Subject to the limitations of section 268B.09, subdivisions
640	640	6 and 7, an employee is entitled to the employment protections under section 268B.09 for those
641	641	workdays during which this option is exercised. This subdivision applies to private plans under
642	642	section 268B.10.
643	643	(b) An employer may offer supplemental benefit payments, as defined in section 268B.01,
644	644	subdivision 41, to an employee taking leave under this chapter. The choice to receive supplemental
645	645	benefits lies with the employee. Nothing in this section shall be construed as requiring an employee
646	646	to receive or an employer to provide supplemental benefits payments. The total amount of paid
647	647	benefits under this chapter and the supplemental benefits paid must not exceed the employee's usual
648	648	salary.
649	649	(c) An employer may provide an employee with wage replacement during an absence. If the
650	650	total amount of paid benefits under this chapter and the supplemental benefits paid exceed the
651	651	employee's usual salary, the employee must refund the excess to either the employer or the paid
652	652	leave division.
653	653	(d) If an employer provides wage replacement to an employee for weeks that should be paid
654	654	by the division, the department may reimburse the employer directly for those weeks.
655	655	Subd. 6.Workers' compensation offset.(a) An applicant is not eligible to receive benefits for
656	656	any portion of a week in which the applicant is receiving or has received compensation for loss of
657	657	wages equal to or in excess of the applicant's weekly family or medical leave benefit amount under:
658	658	(1) the workers' compensation law of this state; or
659	659	(2) the workers' compensation law of any other state or similar federal law.
660	660	(b) This subdivision does not apply to an applicant who has a claim pending for loss of wages
661	661	under paragraph (a). If the applicant later receives compensation as a result of the pending claim,
662	662	the applicant is subject to paragraph (a) and the family or medical leave benefits paid are overpaid
663	663	benefits under section 268B.185.
664	664	(c) If the amount of compensation described under paragraph (a) for any week is less than the
665	665	applicant's weekly family or medical leave benefit amount, benefits requested for that week are
666	666	reduced by the amount of that compensation payment.
667	667	Subd. 7a.Disability insurance offset.An employee may receive disability insurance payments
668	668	in addition to family and medical leave benefits provided the employee is concurrently eligible for
669	669	both benefits. Disability insurance benefits may be offset by family and medical leave benefits paid
670	670	to the employee pursuant to the terms of a disability insurance policy.
671	671	12R
672	672	APPENDIX
673	673	Repealed Minnesota Statutes: 25-03578 Subd. 8.Social Security disability benefits.(a) An applicant who is receiving, has received,
674	674	or has filed for primary Social Security disability benefits for any week is ineligible for benefits
675	675	for that week, unless:
676	676	(1) the Social Security Administration approved the collecting of primary Social Security
677	677	disability benefits each month the applicant was employed during the base period; or
678	678	(2) the applicant provides a statement from an appropriate health care professional who is aware
679	679	of the applicant's Social Security disability claim and the basis for that claim, certifying that the
680	680	applicant is able to perform the essential functions of their employment with or without a reasonable
681	681	accommodation.
682	682	(b) If an applicant meets the requirements of paragraph (a), clause (1) or (2), there is no deduction
683	683	from the applicant's weekly benefit amount for any Social Security disability benefits.
684	684	(c) Information from the Social Security Administration is conclusive, absent specific evidence
685	685	showing that the information was erroneous.
686	686	Subd. 9.Seasonal employment denial.(a) An applicant is not eligible to receive benefits or
687	687	take protected leave under the provisions of this chapter for any week the applicant is a seasonal
688	688	employee as defined in section 268B.01, subdivision 35.
689	689	(b) If benefits are denied to any applicant under paragraph (a) who remains employed more
690	690	than 150 days, the applicant is only entitled to benefits beginning the Sunday following the
691	691	completion of the 150-day period.
692	692	268B.07 DETERMINATION ON ISSUES OF ELIGIBILITY.
693	693	Subdivision 1.Employer notification.(a) Upon a determination that an applicant is entitled
694	694	to benefits, the commissioner must promptly send a notification to the employer or employers of
695	695	the applicant from which the applicant is taking leave, if any, in accordance with paragraph (b).
696	696	(b) The notification under paragraph (a) must include, at a minimum:
697	697	(1) the name of the applicant;
698	698	(2) that the applicant has applied for and received benefits;
699	699	(3) the week the benefits commence;
700	700	(4) the weekly benefit amount payable; and
701	701	(5) the maximum duration of benefits.
702	702	(c) The commissioner may adopt rules regarding additional information that may be requested
703	703	from an applicant and notifications provided to an employer as part of the application and eligibility
704	704	determination process for benefits.
705	705	Subd. 2.Determination.(a) The commissioner must determine any issue of ineligibility raised
706	706	by information required from an applicant and send to the applicant and any current base period
707	707	employer from which the applicant applied to take leave, by mail or electronic transmission, a
708	708	determination of eligibility or a determination of ineligibility, as is appropriate, within two weeks,
709	709	unless the application is incomplete due to outstanding requests for information including clerical
710	710	or other errors. Nothing prohibits the commissioner from requesting additional information or the
711	711	applicant from supplementing their initial application before a determination of eligibility. The
712	712	commissioner may extend the deadline for a determination under this subdivision due to extenuating
713	713	circumstances.
714	714	(b) The commissioner shall set requirements for an applicant to respond to a request for
715	715	information. If the required information is not provided in the timeline provided in paragraph (a),
716	716	the application is denied.
717	717	(c) The commissioner shall prescribe requirements for when an incomplete application is closed.
718	718	Applicants shall have the ability to reopen closed claims in a manner and form prescribed by the
719	719	commissioner.
720	720	(d) If an applicant obtained benefits through misrepresentation, the department is authorized to
721	721	issue a determination of ineligibility within 12 months of the effective date of leave.
722	722	13R
723	723	APPENDIX
724	724	Repealed Minnesota Statutes: 25-03578 (e) If the department has filed an intervention in a workers' compensation matter under section
725	725	176.361, the department is authorized to issue a determination of ineligibility within 48 months of
726	726	the effective date of leave.
727	727	(f) The determination must contain a prominent statement indicating the consequences of not
728	728	appealing.
729	729	(g) An issue of ineligibility required to be determined under this section includes any question
730	730	regarding the denial or allowing of benefits under this chapter.
731	731	Subd. 3.Amended determination.Unless an appeal has been filed, the commissioner, on the
732	732	commissioner's own motion, may reconsider a determination of eligibility or determination of
733	733	ineligibility that has not become final and issue an amended determination. Any amended
734	734	determination must be sent to the applicant and any employer in the current base period from which
735	735	the applicant applied for leave by mail or electronic transmission.
736	736	Subd. 4.Benefit payment.If a determination or amended determination allows benefits to an
737	737	applicant, the family or medical leave benefits must be paid regardless of any appeal period or any
738	738	appeal having been filed.
739	739	Subd. 5.Overpayment.A determination or amended determination that holds an applicant
740	740	ineligible for benefits for periods an applicant has been paid benefits is an overpayment of those
741	741	family or medical leave benefits. A determination or amended determination issued under this
742	742	section that results in an overpayment of benefits must set out the amount of the overpayment and
743	743	the requirement that the overpaid benefits must be repaid according to section 268B.185.
744	744	268B.081 APPEALS.
745	745	Subdivision 1.Appeal filing.(a) The commissioner may allow an appeal to be filed by electronic
746	746	transmission. The commissioner may restrict the manner and format under which an appeal by
747	747	electronic transmission may be filed. The notification of the determination or decision that is subject
748	748	to appeal must clearly state the manner in which the determination or decision may be appealed.
749	749	Subject to paragraph (b), this paragraph applies to requests for reconsideration under subdivision
750	750	6.
751	751	(b) Except as provided in paragraph (c), the commissioner must allow an applicant to file an
752	752	appeal by mail even if an appeal by electronic transmission is allowed. To be considered an appeal,
753	753	a written statement delivered or mailed to the department must identify:
754	754	(1) the determination or decision that the applicant disagrees with; and
755	755	(2) the reason the applicant disagrees with the determination or decision.
756	756	(c) If an agent files an appeal on behalf of an employer, the commissioner may require the
757	757	appeal to be filed online. If the commissioner requires the appeal to be filed online, the appeal must
758	758	be filed through the electronic address provided on the determination being appealed and use of
759	759	another method of filing does not constitute an appeal. This paragraph does not apply to:
760	760	(1) an employee filing an appeal on behalf of an employer; or
761	761	(2) an attorney licensed to practice law who is directly representing the employer on appeal.
762	762	(d) All information requested by the department when the appeal is filed must be supplied or
763	763	the communication does not constitute an appeal.
764	764	(e) If no appeal is filed by the deadlines listed in subdivision 2, the determination or decision
765	765	is conclusive and final, unless the appealing party can demonstrate good cause for failing to file in
766	766	a timely manner. For purposes of this paragraph, "good cause" is a reason that would have prevented
767	767	a reasonable person acting with due diligence from filing in a timely manner. Unless otherwise
768	768	specified, deadlines in this section may be extended up to 60 days for good cause.
769	769	Subd. 2.Appealable issues and deadlines.(a) An applicant may appeal to the department:
770	770	(1) within 30 calendar days after a financial eligibility determination or amended financial
771	771	eligibility determination sent by mail or electronic transmission by the department under section
772	772	268B.04 regarding:
773	773	(i) whether services performed constitute employment;
774	774	(ii) whether the employment is covered employment;
775	775	14R
776	776	APPENDIX
777	777	Repealed Minnesota Statutes: 25-03578 (iii) whether money paid constitutes wages; or
778	778	(iv) a denial resulting from the applicant's missing or incomplete documentation;
779	779	(2) within 30 calendar days after an eligibility determination sent by the department related to
780	780	seasonal employment status under section 268B.06, subdivision 9;
781	781	(3) within 30 calendar days after an eligibility determination sent by the department under
782	782	section 268B.07 regarding:
783	783	(i) financial eligibility, calculations of benefit amount, work schedule, and leave balance
784	784	available; or
785	785	(ii) a denial resulting from missing or incomplete documentation;
786	786	(4) within 30 calendar days after the denial of a good cause demonstration under subdivision
787	787	1, paragraph (e). The deadline for appeals of denials of good cause demonstration may not be
788	788	extended;
789	789	(5) within 30 calendar days after an applicant receives a decision from an insurer, approved
790	790	private plan administrator, or employer under section 268B.10, subdivision 6, regarding the results
791	791	of the administrative review under section 268B.10, subdivision 6, paragraph (b); and
792	792	(6) within 30 calendar days after a determination of overpayment penalty sent by the department
793	793	under section 268B.185.
794	794	(b) A base period employer may appeal to the department:
795	795	(1) within 30 calendar days after a denial of an application for seasonal worker status under
796	796	section 268B.01, subdivision 35;
797	797	(2) within 30 calendar days after a financial eligibility determination or amended financial
798	798	eligibility determination sent by mail or electronic transmission by the department under section
799	799	268B.04 regarding:
800	800	(i) whether services performed constitute employment;
801	801	(ii) whether the employment is covered employment; or
802	802	(iii) whether money paid constitutes wages;
803	803	(3) within 30 calendar days after a denial of an application for substitution of a private plan is
804	804	sent under section 268B.10;
805	805	(4) within 30 calendar days after a notice of termination of a private plan is sent by the department
806	806	under section 268B.10, subdivision 16;
807	807	(5) within 30 calendar days after a notice of penalties is sent by the department under section
808	808	268B.10, subdivision 17;
809	809	(6) within 30 calendar days after the notice of the determination of the calculation of premiums
810	810	has been sent by the department under section 268B.14, subdivision 1;
811	811	(7) within 30 calendar days after a determination of denial is sent by the department under
812	812	section 268B.15, subdivision 7; and
813	813	(8) within 30 calendar days after a determination of penalty is sent by the department under
814	814	section 268B.19.
815	815	(c) Notwithstanding any provision of this chapter, the commissioner or a hearing officer may,
816	816	before a determination is made under this chapter, refer any issue of ineligibility, or any other issue
817	817	under this chapter, directly for hearing in accordance with this section. The status of the issue is
818	818	the same as if a determination had been made and an appeal filed.
819	819	(d) The computation of time provisions of sections 645.15 and 645.151 apply to this section.
820	820	Subd. 3.Notice of hearing.The notice of hearing must include materials that provide:
821	821	(1) a statement that the purpose of the hearing is to take sworn testimony and other evidence
822	822	on the issues involved, that the hearing is the only procedure available under the law at which a
823	823	party may present evidence, and that further appeals consist of a review of the evidence submitted
824	824	at the hearing;
825	825	15R
826	826	APPENDIX
827	827	Repealed Minnesota Statutes: 25-03578 (2) a statement of the parties' right to represent themselves or to be represented by an attorney
828	828	or other authorized representative;
829	829	(3) a brief description of the procedure to be followed to request a continuance of the hearing;
830	830	(4) a brief description of the procedure to be followed at the hearing, including the role of the
831	831	hearing officer;
832	832	(5) a statement that the parties should arrange in advance for the participation of witnesses the
833	833	parties need to support their position;
834	834	(6) a statement that a party may find out the name of the other party's attorney or other authorized
835	835	representative, names of the witnesses that the other party intends to have testify at the hearing,
836	836	and an explanation of the process for making the request;
837	837	(7) a statement that subpoenas may be available to compel the participation of witnesses or the
838	838	production of documents and an explanation of the process for requesting a subpoena;
839	839	(8) a statement that documents contained in the department's records and documents submitted
840	840	by the parties that will be introduced at the hearing as possible exhibits will be sent to the parties
841	841	in advance of the hearing;
842	842	(9) a statement that even if the applicant already received benefits, the applicant should participate
843	843	in the hearing, because if the applicant is held ineligible, the applicant is not eligible to receive
844	844	further benefits and will have to pay back the benefits already received;
845	845	(10) a statement that the hearing officer will determine the facts based upon a preponderance
846	846	of the evidence along with the statutory definition of "preponderance of the evidence"; and
847	847	(11) a statement that a party who fails to participate in the hearing will not be allowed a rehearing
848	848	unless the party can show good cause for failing to participate, along with the statutory definition
849	849	of "good cause."
850	850	Subd. 4.Hearing.(a) Upon a timely appeal to a determination having been filed or upon a
851	851	referral for direct hearing, the department must set a time and date for a de novo due process hearing
852	852	and send notice to an applicant and an employer, by mail or electronic transmission, not less than
853	853	ten calendar days before the date of the hearing.
854	854	(b) The commissioner may adopt rules on procedures for hearings. The rules need not conform
855	855	to common law or statutory rules of evidence and other technical rules of procedure.
856	856	(c) The department has discretion regarding the method by which the hearing is conducted.
857	857	(d) The department may conduct a joint hearing with the unemployment insurance division if
858	858	the substance of the appeal pertains to both programs.
859	859	(e) The department must assign a hearing officer to conduct a hearing and may transfer to
860	860	another hearing officer any proceedings pending before another hearing officer.
861	861	(f) The department has discretion regarding the method by which the hearing is conducted. The
862	862	hearing must be conducted by a hearing officer as an evidence-gathering inquiry, without regard
863	863	to a burden of proof. The order of presentation of evidence is determined by the hearing officer.
864	864	(g) Each party may present and examine witnesses and offer their own documents or other
865	865	exhibits. Parties have the right to examine witnesses, object to exhibits and testimony, and
866	866	cross-examine the other party's witnesses. The hearing officer must assist all parties in the
867	867	presentation of evidence. The hearing officer must rule upon evidentiary objections on the record.
868	868	The hearing officer must permit rebuttal testimony. Parties have the right to make closing statements.
869	869	Closing statements may include comments based upon the evidence and arguments of law. The
870	870	hearing officer may limit repetitious testimony and arguments.
871	871	(h) The hearing officer must exercise control over the hearing procedure in a manner that protects
872	872	the parties' rights to a fair hearing, including the sequestration of witnesses to avoid prejudice or
873	873	collusion. The hearing officer must ensure that all relevant facts are clearly and fully developed.
874	874	The hearing officer may obtain testimony and other evidence from department employees and any
875	875	other person the hearing officer believes will assist in reaching a proper result.
876	876	(i) Before taking testimony, the hearing officer must inform the parties:
877	877	(1) that the purpose of the hearing is to take testimony and other evidence on the issues;
878	878	16R
879	879	APPENDIX
880	880	Repealed Minnesota Statutes: 25-03578 (2) that the hearing is the only opportunity available to the parties to present testimony and other
881	881	evidence on the issues involved;
882	882	(3) of an explanation of how the hearing will be conducted, including the role and obligations
883	883	of the hearing officer;
884	884	(4) that the parties have the right to request that the hearing be continued so that additional
885	885	witnesses and documents can be presented, by subpoena if necessary;
886	886	(5) that the facts will be determined upon a preponderance of the evidence, along with the
887	887	statutory definition of "preponderance of the evidence";
888	888	(6) of the statutory provision on burden of proof;
889	889	(7) that certain government agencies may have access to the information provided at the hearing
890	890	if allowed by statute and that the information provided may be disclosed under a district court order;
891	891	and
892	892	(8) that after the hearing is over, the hearing officer will issue a written decision, which will be
893	893	sent to the parties by mail or electronic transmission.
894	894	Subd. 5.Decision.(a) After the conclusion of the hearing, upon the evidence obtained, the
895	895	hearing officer must serve by mail or electronic transmission to all parties the decision, reasons for
896	896	the decision, and written findings of fact. The hearing officer's decision is final unless a request for
897	897	reconsideration is filed under subdivision 6.
898	898	(b) If the appellant fails to participate in the hearing, the hearing officer has the discretion to
899	899	dismiss the appeal by summary decision. By failing to participate, the appellant is considered to
900	900	have failed to exhaust available administrative remedies unless the appellant files a request for
901	901	reconsideration under subdivision 6 and establishes good cause for failing to participate in the
902	902	hearing. Submission of a written statement does not constitute participation. The appellant must
903	903	participate personally or through an authorized representative.
904	904	(c) The hearing officer must issue a decision dismissing the appeal as untimely if the judge
905	905	decides the appeal was not filed in accordance with the deadlines under subdivision 2 after sending
906	906	the determination. The hearing officer may dismiss the appeal by summary decision or may conduct
907	907	a hearing to obtain evidence on the timeliness of the appeal.
908	908	(d) Decisions of a hearing officer are not precedential.
909	909	Subd. 6.Request for reconsideration.(a) Any party, or the commissioner, may, within 30
910	910	calendar days after service of the hearing officer's decision, file a request for reconsideration asking
911	911	the hearing officer to reconsider that decision. Upon the filing of a request for reconsideration, the
912	912	division must send a notice by mail or electronic transmission to the appellant that a request for
913	913	reconsideration has been filed. The notice must inform the appellant:
914	914	(1) that reconsideration is the procedure for the hearing officer to correct any factual or legal
915	915	mistake in the decision or to order an additional hearing when appropriate;
916	916	(2) of the opportunity to provide comment on the request for reconsideration and the right to
917	917	obtain a copy of any recorded testimony and exhibits offered or received into evidence at the hearing;
918	918	(3) that providing specific comments as to a perceived factual or legal mistake in the decision,
919	919	or a perceived mistake in procedure during the hearing, will assist the hearing officer in deciding
920	920	the request for reconsideration;
921	921	(4) of the right to obtain any comments and submissions provided by any other party regarding
922	922	the request for reconsideration; and
923	923	(5) of the provisions of paragraph (c) regarding additional evidence.
924	924	This paragraph does not apply if paragraph (d) is applicable. Sending the notice does not mean the
925	925	hearing officer has decided the request for reconsideration was timely filed.
926	926	(b) In deciding a request for reconsideration, the hearing officer must not consider evidence
927	927	that was not submitted at the hearing, except for purposes of determining whether to order an
928	928	additional hearing. The hearing officer must order an additional hearing if a party shows that
929	929	evidence which was not submitted at the hearing:
930	930	(1) would likely change the outcome of the decision and there was good cause for not having
931	931	previously submitted that evidence; or
932	932	17R
933	933	APPENDIX
934	934	Repealed Minnesota Statutes: 25-03578 (2) would show that the evidence that was submitted at the hearing was likely false and that the
935	935	likely false evidence had an effect on the outcome of the decision.
936	936	For purposes of this paragraph, "good cause" is a reason that would have prevented a reasonable
937	937	person acting with due diligence from submitting the evidence.
938	938	(c) If the appellant failed to participate in the hearing, the hearing officer must issue an order
939	939	setting aside the decision and ordering an additional hearing if the party who failed to participate
940	940	had good cause for failing to do so. The appellant who failed to participate in the hearing must be
941	941	informed of the requirement to show good cause for failing to participate. If the hearing officer
942	942	determines that good cause for failure to participate has not been shown, the judge must state that
943	943	determination in the decision issued under paragraph (f). Submission of a written statement at the
944	944	hearing does not constitute participation for purposes of this paragraph. "Good cause" for purposes
945	945	of this paragraph is a reason that would have prevented a reasonable person acting with due diligence
946	946	from participating in the hearing.
947	947	(d) A request for reconsideration must be decided by the hearing officer who issued the decision
948	948	under subdivision 5 unless that hearing officer:
949	949	(1) is no longer employed by the department as a hearing officer;
950	950	(2) is on an extended or indefinite leave; or
951	951	(3) has been removed from the proceedings by the department.
952	952	(e) If a request for reconsideration is timely filed, the hearing officer must issue:
953	953	(1) a decision affirming the findings of fact, reasons for the decision, and a decision issued
954	954	under subdivision 5;
955	955	(2) a decision modifying the findings of fact, reasons for the decision, and a decision issued
956	956	under subdivision 5; or
957	957	(3) an order setting aside the findings of fact, reasons for the decision, and a decision issued
958	958	under subdivision 5 and ordering an additional hearing.
959	959	(f) The hearing officer must issue a decision dismissing the request for reconsideration as
960	960	untimely if the judge decides the request for reconsideration was not filed within 30 calendar days
961	961	after sending the decision under subdivision 5.
962	962	(g) The hearing officer must send to all parties by mail or electronic transmission the decision
963	963	or order issued under this subdivision. A decision affirming or modifying the previously issued
964	964	findings of fact, reasons for the decision, and a decision issued under subdivision 5, or a decision
965	965	dismissing the request for reconsideration as untimely, is the final decision on the matter and is
966	966	binding on the parties unless judicial review is sought under subdivision 9.
967	967	Subd. 7.Withdrawal of an appeal.(a) An appeal that is pending before a hearing officer may
968	968	be withdrawn by the appealing party, or an authorized representative of that party, by filing a notice
969	969	of withdrawal. A notice of withdrawal may be filed by mail or by electronic transmission.
970	970	(b) The appeal must, by order, be dismissed if a notice of withdrawal is filed, unless a hearing
971	971	officer directs that further proceedings are required. An order of dismissal issued because of a notice
972	972	of withdrawal is not subject to reconsideration or appeal.
973	973	(c) A party may file a new appeal after the order of dismissal, but the original deadline period
974	974	for appeal begins from the date of issuance of the determination, and that period is not suspended
975	975	or restarted by the notice of withdrawal and order of dismissal. The new appeal may only be filed
976	976	by mail or facsimile transmission.
977	977	(d) For purposes of this subdivision, "appeals" includes a request for reconsideration filed under
978	978	subdivision 6.
979	979	Subd. 8.Effect of decisions.(a) If a hearing officer's decision allows benefits to an applicant,
980	980	the benefits must be paid regardless of any request for reconsideration or petition to the Minnesota
981	981	Court of Appeals.
982	982	(b) If a hearing officer's decision modifies or reverses a determination that allowed benefits to
983	983	be paid, or on reconsideration the decision modifies or reverses a prior decision that allowed benefits
984	984	to be paid, any benefits paid are an overpayment of those benefits. A decision that results in an
985	985	overpayment of benefits must set out the amount of the overpayment and the requirement under
986	986	section 268B.185, subdivision 1, that the benefits must be repaid.
987	987	18R
988	988	APPENDIX
989	989	Repealed Minnesota Statutes: 25-03578 (c) If a hearing officer, on reconsideration under subdivision 6, orders the taking of additional
990	990	evidence, the hearing officer's prior decision must continue to be enforced until new findings of
991	991	fact and decision are made by the hearing officer.
992	992	Subd. 9.Use of evidence; data privacy.(a) All testimony at a hearing must be recorded. A
993	993	copy of recorded testimony and exhibits offered or received into evidence at the hearing must, upon
994	994	request, be furnished to a party at no cost:
995	995	(1) during the time period for filing a request for reconsideration;
996	996	(2) while a request for reconsideration is pending;
997	997	(3) during the time for filing a petition under subdivision 12; or
998	998	(4) while a petition is pending.
999	999	Regardless of any law to the contrary, recorded testimony and other evidence may later be made
1000	1000	available only under a district court order. A subpoena is not considered a district court order.
1001	1001	(b) Testimony obtained at a hearing must not be used or considered for any purpose, including
1002	1002	impeachment, in any civil, administrative, or contractual proceeding, except by a local, state, or
1003	1003	federal human rights agency with enforcement powers, unless the proceeding is initiated by the
1004	1004	department. This paragraph does not apply to criminal proceedings.
1005	1005	Subd. 10.No collateral estoppel.No findings of fact, decision, or order issued by a hearing
1006	1006	officer may be held conclusive or binding or used as evidence in any separate or subsequent action
1007	1007	in any other forum, be it contractual, administrative, or judicial, except proceedings provided for
1008	1008	under this chapter, regardless of whether the action involves the same or related parties or involves
1009	1009	the same facts.
1010	1010	Subd. 11.Representation; fees.(a) In any proceeding under subdivision 4 or 6, an applicant
1011	1011	or employer may be self-represented or represented by an attorney or an authorized representative.
1012	1012	Except for services provided by a licensed attorney, no person may charge an applicant a fee of
1013	1013	any kind for advising, assisting, or representing an applicant in a hearing, on reconsideration, or in
1014	1014	a proceeding under subdivision 12.
1015	1015	(b) A hearing officer may refuse to allow a person to represent others in a hearing if that person
1016	1016	acts in an unethical manner or repeatedly fails to follow the instructions of the hearing officer.
1017	1017	(c) An applicant may not be charged fees, costs, or disbursements of any kind in a proceeding
1018	1018	before a hearing officer, the Minnesota Court of Appeals, or the Supreme Court of Minnesota.
1019	1019	(d) No attorney fees may be awarded, or costs or disbursements assessed, against the department
1020	1020	as a result of any proceedings under this section.
1021	1021	Subd. 12.Appeal to court of appeals.(a) Any final determination on a request for
1022	1022	reconsideration may be appealed by any party directly to the Minnesota Court of Appeals. The
1023	1023	Minnesota Court of Appeals must, by writ of certiorari to the department, review the hearing officer's
1024	1024	decision on reconsideration, provided a petition for the writ is filed with the court and a copy is
1025	1025	served upon the hearing officer or the commissioner and any other party within 30 calendar days
1026	1026	of the sending of the hearing officer's decision on reconsideration under subdivision 6. Three days
1027	1027	are added to the 30-calendar-day period if the decision on reconsideration was mailed to the parties.
1028	1028	(b) Any employer petitioning for a writ of certiorari must pay to the court the required filing
1029	1029	fee in accordance with the Rules of Civil Appellate Procedure. If the employer requests a written
1030	1030	transcript of the testimony received at the hearing conducted under this section, the employer must
1031	1031	pay to the department the cost of preparing the transcript. That money is credited to the administration
1032	1032	account.
1033	1033	(c) Upon issuance by the Minnesota Court of Appeals of a writ of certiorari as a result of an
1034	1034	applicant's petition, the department must furnish to the applicant at no cost a written transcript of
1035	1035	any testimony received at the hearing conducted under this section and, if requested, a copy of all
1036	1036	exhibits entered into evidence. No filing fee or cost bond is required of an applicant petitioning the
1037	1037	Minnesota Court of Appeals for a writ of certiorari.
1038	1038	(d) The Minnesota Court of Appeals may affirm the decision of the hearing officer or remand
1039	1039	the case for further proceedings, or it may reverse or modify the decision if the substantial rights
1040	1040	of the petitioner may have been prejudiced because the findings, inferences, conclusion, or decision
1041	1041	are:
1042	1042	19R
1043	1043	APPENDIX
1044	1044	Repealed Minnesota Statutes: 25-03578 (1) in violation of constitutional provisions;
1045	1045	(2) in excess of the statutory authority or jurisdiction of the department;
1046	1046	(3) made upon unlawful procedure;
1047	1047	(4) affected by other error of law;
1048	1048	(5) unsupported by substantial evidence in view of the hearing record as submitted; or
1049	1049	(6) arbitrary or capricious.
1050	1050	(e) The department is the primary responding party to any judicial action involving a hearing
1051	1051	officer's decision. The department may be represented by an attorney licensed to practice law in
1052	1052	Minnesota.
1053	1053	Subd. 13.Rescheduling and continuances.(a) Requests to reschedule a hearing must be
1054	1054	addressed in a manner and form prescribed by the commissioner in advance of the regularly scheduled
1055	1055	hearing date. A hearing must be rescheduled based on a party's good cause need for additional time
1056	1056	to obtain necessary evidence or to obtain representation or adequately prepare, inability to participate
1057	1057	due to illness, or other compelling reasons beyond the control of the party that prevent participation
1058	1058	at the originally scheduled time. A hearing may be rescheduled only once by each party except in
1059	1059	the case of an emergency. If requested, a written statement by mail or electronic transmission
1060	1060	confirming the reasons for requesting that the case be rescheduled must be provided to the
1061	1061	department.
1062	1062	(b) The ten-calendar-day notice requirement for hearings does not apply to rescheduled hearings.
1063	1063	(c) If a request for rescheduling is made because of the unavailability of a witness or the need
1064	1064	to obtain documents, the hearing officer may direct that the hearing take place as scheduled. After
1065	1065	obtaining the testimony and other evidence then available, the hearing officer must determine
1066	1066	whether the hearing should be continued to obtain the testimony of the unavailable witness or the
1067	1067	unavailable documents. The ten-calendar-day notice requirement for hearings does not apply to
1068	1068	continued hearings. The hearing officer has the discretion to continue a hearing if the hearing officer
1069	1069	determines that additional evidence is necessary for a proper result.
1070	1070	Subd. 14.Consolidation of parties, issues, and new issues.Upon the request of a party or on
1071	1071	the hearing officer's motion, the hearing officer may consolidate for hearing issues involving one
1072	1072	or more of the same parties. The hearing officer may take testimony and render a decision on issues
1073	1073	not listed on the notice of hearing if each party is notified on the record, is advised of the right to
1074	1074	object, and does not object. If a party objects, the hearing officer must:
1075	1075	(1) continue the hearing to allow the party to prepare for consideration of the issue; or
1076	1076	(2) direct the department to address the issue and send to the parties a determination by mail or
1077	1077	electronic transmission.
1078	1078	Subd. 15.Interpreters.(a) The department must provide an interpreter, when necessary, upon
1079	1079	the request of a party. The requesting party must notify the department at least five calendar days
1080	1080	before the date of the hearing that an interpreter is required. The hearing officer must continue any
1081	1081	hearing where a witness or party needs an interpreter to be understood or to understand the
1082	1082	proceedings.
1083	1083	(b) A written statement in the five most common languages spoken in Minnesota must accompany
1084	1084	all notices and written materials sent to the parties stating that the accompanying documents are
1085	1085	important and that if the reader does not understand the documents the reader should seek immediate
1086	1086	assistance.
1087	1087	Subd. 16.Exhibits in hearings.(a) Upon receipt of the notice of hearing, and no later than five
1088	1088	calendar days before the scheduled date of hearing, parties may submit to the department, by
1089	1089	electronic transmission or mail, any documents a party would like to offer as exhibits at the hearing.
1090	1090	Copies of the documents submitted by the parties, as well as all documents that are contained in
1091	1091	the department's records that will be introduced as exhibits, must be mailed, or sent by electronic
1092	1092	transmission, to all parties or the parties' authorized representatives by the department in advance
1093	1093	of the hearing.
1094	1094	(b) If a party requests to introduce additional documents during the hearing, and the hearing
1095	1095	officer rules that the documents should be considered, the requesting party must provide copies of
1096	1096	the documents to the hearing officer and the other party. The record must be left open for sufficient
1097	1097	time for the submission of a written response to the documents. The response may be sent by mail
1098	1098	20R
1099	1099	APPENDIX
1100	1100	Repealed Minnesota Statutes: 25-03578 or electronic transmission. The hearing officer may, when appropriate, reconvene the hearing to
1101	1101	obtain a response or permit cross-examination regarding the late filed exhibits.
1102	1102	Subd. 17.Access to data.The parties to a hearing must be allowed reasonable access to
1103	1103	department data necessary to represent themselves in the hearing. Access to data must be consistent
1104	1104	with all laws relating to data practices. The data must be provided by the department at no cost and
1105	1105	mailed or sent by electronic transmission to the party or the party's authorized representative.
1106	1106	Subd. 18.Subpoenas and discovery.(a) The hearing officer may issue subpoenas to compel
1107	1107	the attendance of witnesses, the production of documents, or other exhibits upon a showing of
1108	1108	necessity by the requesting party. Requests for issuance of subpoenas must be made to the
1109	1109	department, by electronic transmission or mail, sufficiently in advance of the scheduled hearing to
1110	1110	allow for the service of the subpoenas. The requesting party must identify the person or documents
1111	1111	to be subpoenaed and the subject matter and necessity of the evidence requested. A request for a
1112	1112	subpoena may be denied if the testimony or documents sought would be irrelevant, immaterial, or
1113	1113	unduly cumulative or repetitious.
1114	1114	(b) If a request for a subpoena has been denied, the hearing officer must reconsider the request
1115	1115	during the hearing and determine whether the request was properly denied. If the hearing officer
1116	1116	determines that the request for a subpoena was not properly denied, the hearing officer must continue
1117	1117	the hearing to allow for service of and compliance with the subpoena. The hearing officer may issue
1118	1118	a subpoena even if a party has not requested one.
1119	1119	(c) Within five calendar days following request by another party, each party must disclose the
1120	1120	name of the party's attorney or other authorized representative and the names of all witnesses the
1121	1121	party intends to have testify at the hearing. The request and the response may be made by mail or
1122	1122	by electronic transmission. Any witnesses unknown at the time of the request must be disclosed as
1123	1123	soon as they become known. If a party fails to comply with the disclosure requirements, the hearing
1124	1124	officer may, upon notice to the parties, continue the hearing.
1125	1125	Subd. 19.Disqualification of hearing officer.(a) A hearing officer must request to be removed
1126	1126	from any case by the department where the hearing officer believes that presiding over the case
1127	1127	would create the appearance of impropriety. The department must remove a hearing officer from
1128	1128	any case if the hearing officer has a financial or personal interest in the outcome.
1129	1129	(b) Any party may request the removal of a hearing officer by submitting to the department, by
1130	1130	mail or electronic transmission, a written statement of the basis for removal. The department must
1131	1131	decide the fitness of the hearing officer to hear the particular case.
1132	1132	Subd. 20.Public access to hearings and recording of hearings.(a) Hearings are not public.
1133	1133	Only parties, the parties' authorized representatives and witnesses, and authorized department
1134	1134	personnel are permitted to participate in or listen to hearings. If any other person wishes to listen
1135	1135	to or sit in on a hearing, the parties must provide their consent as required by section 13.05,
1136	1136	subdivision 4.
1137	1137	(b) The hearing officer must make a recording of all testimony that is the official record. No
1138	1138	other voice recordings or pictures may be made of any party, representative, or witness during the
1139	1139	hearing.
1140	1140	Subd. 21.Administration of oath or affirmation.A hearing officer has authority to administer
1141	1141	oaths and affirmations. Before testifying, every witness is required to declare to testify truthfully,
1142	1142	by oath or affirmation under sections 358.07 and 358.08.
1143	1143	Subd. 22.Receipt of evidence.Only evidence received into the record of any hearing may be
1144	1144	considered by the hearing officer. The parties may stipulate to the existence of any fact or the
1145	1145	authenticity of any exhibit. All competent, relevant, and material evidence, including records and
1146	1146	documents in the possession of the parties that are offered into evidence, are part of the hearing
1147	1147	record. A hearing officer may receive any evidence that possesses probative value, including hearsay,
1148	1148	if it is the type of evidence on which reasonable, prudent persons are accustomed to rely in the
1149	1149	conduct of their serious affairs. A hearing officer may exclude any evidence that is irrelevant,
1150	1150	immaterial, unreliable, or unduly repetitious. A hearing officer is not bound by statutory and common
1151	1151	law rules of evidence. The rules of evidence may be used as a guide in determining the quality of
1152	1152	evidence offered. A hearing officer may draw adverse inferences from the refusal of a party or
1153	1153	witness to testify on the basis of any privilege. A hearing officer may only use reliable, probative,
1154	1154	and substantial evidence as a basis for decision.
1155	1155	Subd. 23.Official notice.A hearing officer may take official notice of matters of common
1156	1156	knowledge and may take notice of facts within the hearing officer's specialized knowledge in the
1157	1157	21R
1158	1158	APPENDIX
1159	1159	Repealed Minnesota Statutes: 25-03578 field of paid leave. The hearing officer must state on the record any fact that is judicially noticed.
1160	1160	The hearing officer must give the parties an opportunity to contest the noticed facts.
1161	1161	268B.085 NOTICE TO EMPLOYER; SCHEDULES.
1162	1162	Subdivision 1.Notice to employer.(a) If the need for leave is foreseeable, an employee must
1163	1163	provide the employer at least 30 days' advance notice before leave under this chapter is to begin.
1164	1164	If 30 days' notice is not practicable because of a lack of knowledge of approximately when leave
1165	1165	will be required to begin, a change in circumstances, or a medical emergency, notice must be given
1166	1166	as soon as practicable. Whether leave is to be continuous or is to be taken intermittently, notice
1167	1167	need only be given one time, but the employee must advise the employer as soon as practicable if
1168	1168	dates of scheduled leave change or are extended, or were initially unknown. In those cases where
1169	1169	the employee is required to provide at least 30 days' notice of foreseeable leave and does not do so,
1170	1170	the employee must explain the reasons why notice was not practicable upon request from the
1171	1171	employer.
1172	1172	(b) "As soon as practicable" means as soon as both possible and practical, taking into account
1173	1173	all of the facts and circumstances in the individual case. When an employee becomes aware of a
1174	1174	need for leave under this chapter less than 30 days in advance, it should be practicable for the
1175	1175	employee to provide notice of the need for leave either the same day or the next day, unless the
1176	1176	need for leave is based on a medical emergency. In all cases, however, the determination of when
1177	1177	an employee could practicably provide notice must take into account the individual facts and
1178	1178	circumstances.
1179	1179	(c) An employee shall provide at least oral, telephone, or text message notice sufficient to make
1180	1180	the employer aware that the employee needs leave allowed under this chapter and the anticipated
1181	1181	timing and duration of the leave.
1182	1182	(d) In addition to any other prohibition imposed under this chapter, an employer must not
1183	1183	discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or
1184	1184	discriminate against an employee for providing this certification.
1185	1185	(e) An employer may require an employee to comply with the employer's usual and customary
1186	1186	notice and procedural requirements for requesting leave, including the employer's attendance or
1187	1187	call-out policies and procedures, absent unusual circumstances or other circumstances caused by
1188	1188	the reason for the employee's need for leave. An employee may be required by an employer's or
1189	1189	covered business entity's policy to contact a specific individual or designated phone number to
1190	1190	report this information. Leave under this chapter must not be delayed or denied where an employer's
1191	1191	usual and customary notice or procedural requirements require notice to be given sooner than set
1192	1192	forth in this subdivision.
1193	1193	(f) An employer may require that an employee taking leave under this chapter provide a copy
1194	1194	of the certification under section 268B.06, subdivision 3. Upon written request from the employer,
1195	1195	the employee shall provide a copy of the certification as soon as practicable and possible given all
1196	1196	of the facts and circumstances in the individual case. Providing certification at or around the time
1197	1197	the employee provides a certification to the department shall be considered practicable.
1198	1198	(g) If an employer has failed to provide notice to the employee as required under section 268B.26,
1199	1199	paragraph (a), (b), or (e), the employee is not required to comply with the notice requirements of
1200	1200	this subdivision.
1201	1201	(h) An employer may not require, as a condition of an employee taking leave under this chapter,
1202	1202	that the employee seek or find a replacement worker to cover the hours the employee uses under
1203	1203	this chapter.
1204	1204	Subd. 2.Bonding leave.Bonding leave taken under this chapter begins at a time requested by
1205	1205	the employee. Bonding leave must end within 12 months of the birth, adoption, or placement of a
1206	1206	foster child, except that, in the case where the child must remain in the hospital longer than the
1207	1207	mother, the leave must end within 12 months after the child leaves the hospital. Employees may
1208	1208	also use bonding leave before the actual placement or adoption of a child in situations that include
1209	1209	but are not limited to where the employee may be required to:
1210	1210	(1) attend counseling sessions;
1211	1211	(2) appear in court;
1212	1212	(3) consult with the attorney or doctors representing the birth parent;
1213	1213	(4) submit to a physical examination; or
1214	1214	22R
1215	1215	APPENDIX
1216	1216	Repealed Minnesota Statutes: 25-03578 (5) travel to another country to complete an adoption.
1217	1217	Subd. 3.Intermittent schedule.(a) Leave under this chapter, based on a serious health condition,
1218	1218	may be taken intermittently if such leave is reasonable and appropriate to the needs of the individual
1219	1219	with the serious health condition. For all other leaves under this chapter, leave may be taken
1220	1220	intermittently. Intermittent leave is leave taken in separate blocks of time due to a single, seven-day
1221	1221	qualifying event.
1222	1222	(b) For an applicant who takes leave on an intermittent schedule, the weekly benefit amount
1223	1223	shall be prorated.
1224	1224	(c) An employee requesting leave taken intermittently shall provide the employer with a schedule
1225	1225	of needed workdays off as soon as practicable and must make a reasonable effort to schedule the
1226	1226	intermittent leave so as not to disrupt unduly the operations of the employer. If this cannot be done
1227	1227	to the satisfaction of both employer and employee, the employer cannot require the employee to
1228	1228	change their leave schedule in order to accommodate the employer.
1229	1229	(d) Notwithstanding the allowance for intermittent leave under this subdivision, an employer
1230	1230	shall not be required under this chapter to provide, but may elect to provide, more than 480 hours
1231	1231	of intermittent leave in any 12-month period. If an employer limits hours of intermittent leave
1232	1232	pursuant to this paragraph, an employee is entitled to take their remaining leave continuously,
1233	1233	subject to the total amount of leave available under section 268B.04, subdivision 5. An employer
1234	1234	may run intermittent leave available under the Family and Medical Leave Act, United States Code,
1235	1235	title 29, sections 2601 to 2654, as amended, concurrent with an employee's entitlement to intermittent
1236	1236	leave under this chapter.
1237	1237	268B.09 EMPLOYMENT PROTECTIONS.
1238	1238	Subdivision 1.Retaliation prohibited.(a) An employer must not discharge, discipline, penalize,
1239	1239	interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee
1240	1240	for requesting or obtaining benefits or leave, or for exercising any other right under this chapter.
1241	1241	(b) For the purposes of this section, the term "leave" includes but is not limited to:
1242	1242	(1) leave taken for any day for which the commissioner has determined that the employee is
1243	1243	eligible for benefits or leave under this chapter; or
1244	1244	(2) any day for which the employee meets the eligibility criteria under section 268B.06,
1245	1245	subdivision 1, paragraph (a), clauses (2) and (3), or the employee has applied for benefits in good
1246	1246	faith under this chapter. For the purposes of this subdivision, "good faith" is defined as anything
1247	1247	that is not knowingly false or in reckless disregard of the truth.
1248	1248	(c) In addition to the remedies provided in subdivision 8, the commissioner of labor and industry
1249	1249	may also issue a penalty to the employer of not less than $1,000 and not more than $10,000 per
1250	1250	violation, payable to the employee aggrieved. In determining the amount of the penalty under this
1251	1251	subdivision, the appropriateness of the penalty to the size of the employer's business and the gravity
1252	1252	of the violation shall be considered.
1253	1253	Subd. 2.Interference prohibited.An employer must not obstruct or impede an application for
1254	1254	leave or benefits or the exercise of any other right under this chapter. In addition to the remedies
1255	1255	provided in subdivision 8, the commissioner of labor and industry may also issue a penalty to the
1256	1256	employer of not less than $1,000 and not more than $10,000 per violation, payable to the employee
1257	1257	aggrieved. In determining the amount of the penalty under this subdivision, the appropriateness of
1258	1258	the penalty to the size of the employer's business and the gravity of the violation shall be considered.
1259	1259	Subd. 3.Waiver of rights void.(a) Any agreement to waive, release, or commute rights to
1260	1260	benefits or any other right under this chapter is void, except for a voluntary settlement agreement
1261	1261	resolving disputed claims or a valid separation agreement releasing putative claims.
1262	1262	(b) Any provision, whether oral or written, of a lease, contract, or other agreement or instrument
1263	1263	that purports to be a waiver by an individual of any right or remedy provided in this chapter is
1264	1264	contrary to public policy and void if the waiver or release purports to waive claims arising out of
1265	1265	acts or practices that occur after the execution of the waiver or release.
1266	1266	(c) A waiver or release of rights or remedies secured by this chapter that purports to apply to
1267	1267	claims arising out of acts or practices prior to, or concurrent with, the execution of the waiver or
1268	1268	release may be rescinded within 15 calendar days of its execution, except that a waiver or release
1269	1269	given in settlement of a claim filed with the department or with another administrative agency or
1270	1270	judicial body is valid and final upon execution. A waiving or releasing party must be informed in
1271	1271	23R
1272	1272	APPENDIX
1273	1273	Repealed Minnesota Statutes: 25-03578 writing of the right to rescind the waiver or release. To be effective, the rescission must be in writing
1274	1274	and delivered to the waived or released party by hand, electronically with the receiving party's
1275	1275	consent, or by mail within the 15-day period. If delivered by mail, the rescission must be:
1276	1276	(1) postmarked within the 15-day period;
1277	1277	(2) properly addressed to the waived or released party; and
1278	1278	(3) sent by certified mail, return receipt requested.
1279	1279	Subd. 4.No assignment of benefits.Any assignment, pledge, or encumbrance of benefits is
1280	1280	void, unless otherwise provided in this chapter. Benefits are exempt from levy, execution, attachment,
1281	1281	or any other remedy provided for the collection of debt. Any waiver of this subdivision is void.
1282	1282	Subd. 5.Continued insurance.(a) During any leave for which an employee is entitled to
1283	1283	benefits or leave under this chapter, the employer must maintain coverage under any group insurance
1284	1284	policy, group subscriber contract, or health care plan for the employee and any dependents as if the
1285	1285	employee was not on leave, provided, however, that the employee must continue to pay any employee
1286	1286	share of the cost of such benefits.
1287	1287	(b) This subdivision may be waived for employees who are working in the construction industry
1288	1288	under a bona fide collective bargaining agreement that requires employer contributions to a
1289	1289	multiemployer health plan pursuant to United States Code, title 29, section 186(c)(5), but only if
1290	1290	the waiver is set forth in clear and unambiguous terms in the collective bargaining agreement and
1291	1291	explicitly cites this subdivision.
1292	1292	Subd. 6.Employee right to reinstatement.(a) On return from leave under this chapter, an
1293	1293	employee is entitled to be returned to the same position the employee held when leave commenced
1294	1294	or to an equivalent position with equivalent benefits, pay, and other terms and conditions of
1295	1295	employment. Except as provided under subdivision 7, an employee is entitled to reinstatement even
1296	1296	if the employee has been replaced or the employee's position has been restructured to accommodate
1297	1297	the employee's absence.
1298	1298	(b)(1) An equivalent position is one that is virtually identical to the employee's former position
1299	1299	in terms of pay, benefits, and working conditions, including privileges, prerequisites, and status. It
1300	1300	must involve the same or substantially similar duties and responsibilities, which must entail
1301	1301	substantially equivalent skill, effort, responsibility, and authority.
1302	1302	(2) If an employee is no longer qualified for the position because of the employee's inability to
1303	1303	attend a necessary course, renew a license, fly a minimum number of hours, or similar condition,
1304	1304	as a result of the leave, the employee must be given a reasonable opportunity to fulfill those
1305	1305	conditions upon return from leave.
1306	1306	(c)(1) An employee is entitled to any unconditional pay increases which may have occurred
1307	1307	during the leave period, such as cost of living increases. Pay increases conditioned upon seniority,
1308	1308	length of service, or work performed must be granted in accordance with the employer's policy,
1309	1309	practice, or contract with respect to other employees on an equivalent leave status for a reason that
1310	1310	does not qualify for leave under this chapter. An employee is entitled to be restored to a position
1311	1311	with the same or equivalent pay premiums, such as a shift differential. If an employee departed
1312	1312	from a position for which they receive overtime pay, the employee is ordinarily entitled to a position
1313	1313	with overtime pay and overtime hours on return from leave under this chapter. If a pay premium,
1314	1314	such as a shift differential, or overtime has been decreased or eliminated for other similarly classified
1315	1315	employees, an employee is not entitled to restoration of the pay premium or overtime.
1316	1316	(2) Equivalent pay includes any bonus or payment, whether it is discretionary or nondiscretionary,
1317	1317	made to employees consistent with clause (1). If a bonus or other payment is based on the
1318	1318	achievement of a specified goal such as hours worked, products sold, or perfect attendance, and
1319	1319	the employee has not met the goal due to leave under this chapter, the payment may be denied,
1320	1320	unless otherwise paid to employees on an equivalent leave status for a reason that does not qualify
1321	1321	for leave under this chapter.
1322	1322	(d) Benefits under this section include all benefits provided or made available to employees by
1323	1323	an employer, including group life insurance, health insurance, disability insurance, sick leave,
1324	1324	annual leave, educational benefits, and pensions, regardless of whether benefits are provided by a
1325	1325	practice or written policy of an employer through an employee benefit plan as defined in section
1326	1326	3(3) of United States Code, title 29, section 1002(3).
1327	1327	(1) At the end of an employee's leave under this chapter, benefits must be resumed in the same
1328	1328	manner and at the same levels as provided when the leave began, and subject to any changes in
1329	1329	24R
1330	1330	APPENDIX
1331	1331	Repealed Minnesota Statutes: 25-03578 benefit levels that may have taken place during the period of leave affecting the entire workforce,
1332	1332	unless otherwise elected by the employee. Upon return from a leave under this chapter, an employee
1333	1333	must not be required to requalify for any benefits the employee enjoyed before leave began, including
1334	1334	family or dependent coverages.
1335	1335	(2) An employee may, but is not entitled to, accrue any additional benefits or seniority during
1336	1336	a leave under this chapter. Benefits accrued at the time leave began must be available to an employee
1337	1337	upon return from leave.
1338	1338	(3) With respect to pension and other retirement plans, leave under this chapter must not be
1339	1339	treated as or counted toward a break in service for purposes of vesting and eligibility to participate.
1340	1340	If the plan requires an employee to be employed on a specific date in order to be credited with a
1341	1341	year of service for vesting, contributions, or participation purposes, an employee on leave under
1342	1342	this chapter must be treated as employed on that date. Periods of leave under this chapter need not
1343	1343	be treated as credited service for purposes of benefit accrual, vesting, and eligibility to participate.
1344	1344	(4) Employees on leave under this chapter must be treated as if they continued to work for
1345	1345	purposes of changes to benefit plans. Employees on leave under this chapter are entitled to changes
1346	1346	in benefit plans, except those which may be dependent upon seniority or accrual during the leave
1347	1347	period, immediately upon return from leave or to the same extent they would have qualified if no
1348	1348	leave had been taken.
1349	1349	(e) An equivalent position must have substantially similar duties, conditions, responsibilities,
1350	1350	privileges, and status as the employee's original position.
1351	1351	(1) The employee must be reinstated to the same or a geographically proximate worksite from
1352	1352	where the employee had previously been employed. If the employee's original worksite has been
1353	1353	closed, the employee is entitled to the same rights as if the employee had not been on leave when
1354	1354	the worksite closed.
1355	1355	(2) The employee is ordinarily entitled to return to the same shift or the same or an equivalent
1356	1356	work schedule.
1357	1357	(3) The employee must have the same or an equivalent opportunity for bonuses, profit-sharing,
1358	1358	and other similar discretionary and nondiscretionary payments, excluding any bonus paid to another
1359	1359	employee or employees for covering the work of the employee while the employee was on leave.
1360	1360	(4) This chapter does not prohibit an employer from accommodating an employee's request to
1361	1361	be restored to a different shift, schedule, or position which better suits the employee's personal
1362	1362	needs on return from leave, or to offer a promotion to a better position. However, an employee must
1363	1363	not be induced by the employer to accept a different position against the employee's wishes.
1364	1364	(f) The requirement that an employee be restored to the same or equivalent job with the same
1365	1365	or equivalent pay, benefits, and terms and conditions of employment does not extend to de minimis,
1366	1366	intangible, or unmeasurable aspects of the job.
1367	1367	(g) Nothing in this section shall be deemed to affect the Americans with Disabilities Act, United
1368	1368	States Code, title 42, chapter 126.
1369	1369	(h) Ninety calendar days from the date of hire, an employee has a right and is entitled to
1370	1370	reinstatement as provided under this subdivision for any day for which:
1371	1371	(1) the employee has been deemed eligible for benefits under this chapter; or
1372	1372	(2) the employee meets the eligibility criteria under section 268B.06, subdivision 1, paragraph
1373	1373	(a), clauses (2) and (3), or the employee has applied for benefits in good faith under this chapter.
1374	1374	For the purposes of this paragraph, good faith is defined as anything that is not knowingly false or
1375	1375	in reckless disregard of the truth.
1376	1376	(i) This subdivision and subdivision 7 may be waived for employees who are working in the
1377	1377	construction industry under a bona fide collective bargaining agreement with a construction trade
1378	1378	union that maintains a referral-to-work procedure for employees to obtain employment with multiple
1379	1379	signatory employers, but only if the waiver is set forth in clear and unambiguous terms in the
1380	1380	collective bargaining agreement and explicitly cites this subdivision and subdivision 7.
1381	1381	Subd. 7.Limitations on an employee's right to reinstatement.An employee has no greater
1382	1382	right to reinstatement or to other benefits and conditions of employment than if the employee had
1383	1383	been continuously employed during the period of leave under this chapter. An employer must be
1384	1384	25R
1385	1385	APPENDIX
1386	1386	Repealed Minnesota Statutes: 25-03578 able to show that an employee would not otherwise have been employed at the time reinstatement
1387	1387	is requested in order to deny restoration to employment.
1388	1388	(1) If an employee is laid off during the course of taking a leave under this chapter and
1389	1389	employment is terminated, the employer's responsibility to continue the leave, maintain group health
1390	1390	plan benefits, and restore the employee cease at the time the employee is laid off, provided the
1391	1391	employer has no continuing obligations under a collective bargaining agreement or otherwise. An
1392	1392	employer has the burden of proving that an employee would have been laid off during the period
1393	1393	of leave under this chapter and, therefore, would not be entitled to restoration to a job slated for
1394	1394	layoff when the employee's original position would not meet the requirements of an equivalent
1395	1395	position.
1396	1396	(2) If a shift has been eliminated or overtime has been decreased, an employee would not be
1397	1397	entitled to return to work that shift or the original overtime hours upon restoration. However, if a
1398	1398	position on, for example, a night shift has been filled by another employee, the employee is entitled
1399	1399	to return to the same shift on which employed before taking leave under this chapter.
1400	1400	(3) If an employee was hired for a specific term or only to perform work on a discrete project,
1401	1401	the employer has no obligation to maintain group health plan benefits and restore the employee if
1402	1402	the employment term or project is over and the employer would not otherwise have continued to
1403	1403	employ the employee.
1404	1404	Subd. 8.Remedies.(a) In addition to any other remedies available to an employee in law or
1405	1405	equity, an employer who violates the provisions of this section is liable to any employee affected
1406	1406	for:
1407	1407	(1) damages equal to the amount of:
1408	1408	(i) any and all damages recoverable by law;
1409	1409	(ii) reasonable interest on the amount of damages awarded; and
1410	1410	(iii) an additional amount as liquidated damages equal to the sum of the amount described in
1411	1411	item (i) and the interest described in item (ii), except that if an employer who has violated the
1412	1412	provisions of this section proves to the satisfaction of the court that the act or omission which
1413	1413	violated the provisions of this section was in good faith and that the employer had reasonable
1414	1414	grounds for believing that the act or omission was not a violation of the provisions of this section,
1415	1415	the court may, in the discretion of the court, reduce the amount of the liability to the amount and
1416	1416	interest determined under items (i) and (ii), respectively; and
1417	1417	(2) such injunctive and other equitable relief as determined by a court or jury, including
1418	1418	employment, reinstatement, and promotion.
1419	1419	(b) An action to recover damages or equitable relief prescribed in paragraph (a) may be
1420	1420	maintained against any employer in any federal or state court of competent jurisdiction by any one
1421	1421	or more employees for and on behalf of:
1422	1422	(1) the employees; or
1423	1423	(2) the employees and other employees similarly situated.
1424	1424	(c) Rule 23 of the Rules of Civil Procedure applies to this section.
1425	1425	(d) The court in an action under this section must, in addition to any judgment awarded to the
1426	1426	plaintiff or plaintiffs, allow reasonable attorney fees, reasonable expert witness fees, and other costs
1427	1427	of the action to be paid by the defendant.
1428	1428	(e) Nothing in this section shall be construed to allow an employee to recover damages from
1429	1429	an employer for the denial of benefits under this chapter by the department, unless the employer
1430	1430	unlawfully interfered with the application for benefits under subdivision 2.
1431	1431	(f) An employee bringing a civil action under this section is entitled to a jury trial. An employee
1432	1432	cannot waive their right to a jury trial under this section including, but not limited to, by signing
1433	1433	an agreement to submit claims to arbitration.
1434	1434	268B.10 SUBSTITUTION OF A PRIVATE PLAN.
1435	1435	Subdivision 1.Application for substitution.(a) Employers may apply to the commissioner
1436	1436	for approval to meet their obligations under this chapter through the substitution of a private plan
1437	1437	that provides paid family, paid medical, or paid family and medical benefits. In order to be approved
1438	1438	as meeting an employer's obligations under this chapter, a private plan must confer all of the same
1439	1439	26R
1440	1440	APPENDIX
1441	1441	Repealed Minnesota Statutes: 25-03578 rights, protections, and benefits provided to employees under this chapter, including but not limited
1442	1442	to benefits under section 268B.04 and employment protections under section 268B.09. Employers
1443	1443	may apply for approval of private plans that exceed the benefits provided to employees under this
1444	1444	chapter. An employee covered by a private plan under this section retains all applicable rights and
1445	1445	remedies under section 268B.09.
1446	1446	(b) An insurer must file every form, application, rider, endorsement, and rate used in connection
1447	1447	with an insurance product that provides coverage for paid family and medical leave benefits as
1448	1448	described in this section with the commissioner at least 60 days prior to the form or rate's effective
1449	1449	date. The commissioner may extend this filing review period for an additional period not to exceed
1450	1450	60 days. If any form, rate, or amendment is not disapproved by the commissioner within the filing
1451	1451	review period, the insurer may implement it. If the commissioner notifies an insurer that has filed
1452	1452	any form or rate that the form or rate does not comply with this section, section 62A.02, or chapter
1453	1453	72A, it is unlawful for the insurer to issue or use the form or rate. In the notice, the commissioner
1454	1454	shall specify the reasons for disapproval.
1455	1455	(c) Any insurer authorized to write accident and sickness insurance in Minnesota has the power
1456	1456	to issue an insurance product that provides coverage for paid family and medical leave benefits as
1457	1457	described in this section.
1458	1458	Subd. 2.Private plan requirements; medical benefit program.The commissioner, in
1459	1459	consultation with the commissioner of commerce, must approve an application for private provision
1460	1460	of the medical benefit program if the commissioner determines:
1461	1461	(1) all of the employees of the employer are to be covered under the provisions of the employer
1462	1462	plan;
1463	1463	(2) eligibility requirements for benefits and leave are no more restrictive than as provided under
1464	1464	this chapter;
1465	1465	(3) the weekly benefits payable under the private plan for any week are at least equal to the
1466	1466	weekly benefit amount payable under this chapter;
1467	1467	(4) the total number of weeks for which benefits are payable under the private plan is at least
1468	1468	equal to the total number of weeks for which benefits would have been payable under this chapter;
1469	1469	(5) no greater amount is required to be paid by employees toward the cost of benefits under the
1470	1470	employer plan than by this chapter;
1471	1471	(6) wage replacement benefits are stated in the plan separately and distinctly from other benefits;
1472	1472	(7) the private plan will provide benefits and leave for any serious health condition or medical
1473	1473	care related to pregnancy for which benefits are payable, and leave provided, under this chapter;
1474	1474	(8) the private plan will impose no additional condition or restriction on the use of medical
1475	1475	benefits beyond those explicitly authorized by this chapter or regulations promulgated pursuant to
1476	1476	this chapter;
1477	1477	(9) the private plan will allow any employee covered under the private plan who is eligible to
1478	1478	receive medical benefits under this chapter to receive medical benefits under the employer plan;
1479	1479	(10) coverage will continue under the private plan while an employee remains employed by the
1480	1480	employer. For former employees, coverage for the purposes of benefits applies until the individual
1481	1481	is hired by a new employer or 26 weeks pass, whichever occurs first; and
1482	1482	(11) if an application for leave is filed by a former employee to a private plan, the plan pays
1483	1483	benefits for the totality of the leave. Private plans may not cut off eligibility for a former employee
1484	1484	during the course of an approved leave.
1485	1485	Subd. 3.Private plan requirements; family benefit program.The commissioner, in
1486	1486	consultation with the commissioner of commerce, must approve an application for private provision
1487	1487	of the family benefit program if the commissioner determines:
1488	1488	(1) all of the employees of the employer are to be covered under the provisions of the employer
1489	1489	plan;
1490	1490	(2) eligibility requirements for benefits and leave are no more restrictive than as provided under
1491	1491	this chapter;
1492	1492	(3) the weekly benefits payable under the private plan for any week are at least equal to the
1493	1493	weekly benefit amount payable under this chapter;
1494	1494	27R
1495	1495	APPENDIX
1496	1496	Repealed Minnesota Statutes: 25-03578 (4) the total number of weeks for which benefits are payable under the private plan is at least
1497	1497	equal to the total number of weeks for which benefits would have been payable under this chapter;
1498	1498	(5) no greater amount is required to be paid by employees toward the cost of benefits under the
1499	1499	employer plan than by this chapter;
1500	1500	(6) wage replacement benefits are stated in the plan separately and distinctly from other benefits;
1501	1501	(7) the private plan will provide benefits and leave for any care for a family member with a
1502	1502	serious health condition, bonding with a child, qualifying exigency, or safety leave event for which
1503	1503	benefits are payable, and leave provided, under this chapter;
1504	1504	(8) the private plan will impose no additional condition or restriction on the use of family benefits
1505	1505	beyond those explicitly authorized by this chapter or regulations promulgated pursuant to this
1506	1506	chapter;
1507	1507	(9) the private plan will allow any employee covered under the private plan who is eligible to
1508	1508	receive family benefits under this chapter to receive family benefits under the employer plan;
1509	1509	(10) coverage will continue under the private plan while an employee remains employed by the
1510	1510	employer. For former employees, coverage for the purposes of benefits applies until the individual
1511	1511	is hired by a new employer or 26 weeks pass, whichever occurs first; and
1512	1512	(11) if an application for leave is filed by a former employee to a private plan, the private plan
1513	1513	is required to pay benefits for the totality of the leave. Private plans must not discontinue eligibility
1514	1514	for a former employee during the course of an approved leave.
1515	1515	Subd. 4.Surety bond requirement.If the private plan is in the form of self-insurance, the
1516	1516	employer shall file with its application for private provision of the medical benefit or family benefit
1517	1517	program a surety bond in an amount equal to the employer's annual premium that it would otherwise
1518	1518	be required to pay to the family and medical benefit insurance account. The surety bond must be
1519	1519	in a form approved by the commissioner and issued by a surety company authorized to transact
1520	1520	business in Minnesota.
1521	1521	Subd. 5.Private plan requirements; timing of payment.Private plan benefits may be paid
1522	1522	to align with the employer's payroll cycle or according to the terms of the approved private plan.
1523	1523	Subd. 6.Private plan requirements; weekly benefit determination.(a) For purposes of
1524	1524	determining the family and medical benefit amount and duration under a private plan, the weekly
1525	1525	benefit amount and duration shall be based on the employee's typical work week and wages earned
1526	1526	with the employer at the time of an application for benefits. If an employer does not have complete
1527	1527	base period wage detail information, the employer may accept an employee's certification of wage
1528	1528	credits, based on the employee's records.
1529	1529	(b) In the event that an employee's request for benefits is denied, in whole or in part, or the
1530	1530	amount of the benefits is contested, the employee has the right to request administrative review of
1531	1531	a decision by the private plan within 30 calendar days. If the private plan maintains the denial, the
1532	1532	employee may appeal to the department as permitted in section 268B.08.
1533	1533	Subd. 7.Use of private insurance products.Nothing in this section prohibits an employer
1534	1534	from meeting the requirements of a private plan through a private insurance product. If the employer
1535	1535	plan involves a private insurance product, that insurance product must be approved by the
1536	1536	commissioner of commerce and be issued by an insurance company authorized to transact insurance
1537	1537	in this state.
1538	1538	Subd. 8.Private plan approval and oversight fee.An employer with an approved private plan
1539	1539	is not required to pay premiums established under section 268B.14. An employer with an approved
1540	1540	private plan is responsible for a private plan approval and oversight fee equal to $250 for employers
1541	1541	with fewer than 50 employees, $500 for employers with 50 to 499 employees, and $1,000 for
1542	1542	employers with 500 or more employees. The employer must pay this fee (1) upon initial application
1543	1543	for private plan approval, and (2) any time the employer applies to amend the private plan. The
1544	1544	commissioner must review and report on the adequacy of this fee to cover private plan administrative
1545	1545	costs annually beginning January 1, 2027, as part of the annual report established in section 268B.25.
1546	1546	Subd. 9.Plan duration.A private plan under this section must be in effect for a period of at
1547	1547	least one year and, thereafter, continuously unless the commissioner finds that the employer has
1548	1548	given notice of withdrawal from the plan in a manner specified by the commissioner in this section
1549	1549	or rule. The plan may be withdrawn by the employer within 30 days of the effective date of any
1550	1550	law increasing the benefit amounts or within 30 days of the date of any change in the rate of
1551	1551	28R
1552	1552	APPENDIX
1553	1553	Repealed Minnesota Statutes: 25-03578 premiums. If the plan is not withdrawn, it must be administered to provide the increased benefit
1554	1554	amount or change in the rate of the employee's premium on the date of the increase or change.
1555	1555	Subd. 9a.Plan changes during approved leave.If an employee is using approved leave under
1556	1556	this chapter when their employer changes from the state plan to a private plan, from a private plan
1557	1557	to the state plan, or from one private plan to another private plan, the plan under which the employee
1558	1558	was covered when their benefits were approved is required to continue paying benefits for continuous,
1559	1559	intermittent, and reduced schedule leave through the duration previously approved. If the employee
1560	1560	requests an extension of their original leave, or recertification is required, the employee may reapply
1561	1561	for benefits with their new plan.
1562	1562	Subd. 10.Employer reimbursement.If an employer meeting the requirements of a private
1563	1563	plan through an insurance product under subdivision 6 has made advance payments of benefits due
1564	1564	under this chapter or has made payments to an employee in like manner as wages during any period
1565	1565	of family or medical leave for which the employee is entitled to the benefits provided by this chapter,
1566	1566	the employer is entitled to be reimbursed by the carrier or third party administrator out of any
1567	1567	benefits due or to become due for the family or medical leave, if the claim for reimbursement is
1568	1568	filed with the carrier prior to payment of the benefits by the carrier.
1569	1569	Subd. 12.Employees no longer covered.(a) An employee is no longer covered by an approved
1570	1570	private plan if the commissioner revokes the approval of the private plan.
1571	1571	(b) An employee no longer covered by an approved private plan is, if otherwise eligible,
1572	1572	immediately entitled to benefits under this chapter to the same extent as though there had been no
1573	1573	approval of the private plan.
1574	1574	Subd. 12a.Former employees and benefit applications.Covered individuals that have been
1575	1575	separated from an employer with a private plan for less than 26 weeks shall file applications for
1576	1576	benefits as follows:
1577	1577	(1) if the former employee remains unemployed on the date that an application for benefits is
1578	1578	filed, the former employee shall submit an application for benefits with the private plan of their
1579	1579	former employer; and
1580	1580	(2) if the former employee has become employed by a different employer at the time that an
1581	1581	application for benefits is filed, the former employee shall submit an application for benefits based
1582	1582	on the new employer's coverage. If the new employer is covered under the state plan, the former
1583	1583	employee shall submit the application to the state. If the new employer has an approved private
1584	1584	plan, the covered individual shall submit the application for benefits to the private plan in accordance
1585	1585	with the requirements established by their employer.
1586	1586	Subd. 13.Posting of notice regarding private plan.An employer with a private plan must
1587	1587	provide a notice prepared by or approved by the commissioner regarding the private plan consistent
1588	1588	with section 268B.26.
1589	1589	Subd. 14.Amendment.(a) The commissioner must approve any amendment, other than those
1590	1590	required by this chapter, to a private plan adjusting the provisions thereof, if the commissioner
1591	1591	determines:
1592	1592	(1) that the plan, as amended, will conform to the standards set forth in this chapter; and
1593	1593	(2) that notice of the amendment has been delivered to all affected employees at least ten days
1594	1594	before the submission of the amendment.
1595	1595	(b) Any amendments approved under this subdivision are effective on the date of the
1596	1596	commissioner's approval, unless the commissioner and the employer agree on a later date.
1597	1597	Subd. 15.Successor employer.A private plan in effect at the time a successor acquires the
1598	1598	employer organization, trade, or business, or substantially all the assets thereof, or a distinct and
1599	1599	severable portion of the organization, trade, or business, and continues its operation without
1600	1600	substantial reduction of personnel resulting from the acquisition, must continue the approved private
1601	1601	plan and must not withdraw the plan without a specific request for withdrawal in a manner and at
1602	1602	a time specified by the commissioner. A successor may terminate a private plan with notice to the
1603	1603	commissioner and within 90 days from the date of the acquisition.
1604	1604	Subd. 16.Revocation of approval by commissioner.(a) The commissioner may terminate
1605	1605	any private plan if the commissioner determines the employer or agents of the employer:
1606	1606	(1) failed to pay benefits;
1607	1607	29R
1608	1608	APPENDIX
1609	1609	Repealed Minnesota Statutes: 25-03578 (2) failed to pay benefits in a timely manner, consistent with the requirements of this chapter;
1610	1610	(3) failed to submit reports as required by this chapter or rule adopted under this chapter; or
1611	1611	(4) otherwise failed to comply with this chapter or rule adopted under this chapter.
1612	1612	(b) The commissioner must give notice of the intention to terminate a plan to the employer at
1613	1613	least ten days before taking any final action. The notice must state the effective date and the reason
1614	1614	for the termination.
1615	1615	(c) The payment of benefits must not be delayed during an employer's appeal of the revocation
1616	1616	of approval of a private plan.
1617	1617	(d) If the commissioner revokes approval of an employer's private plan, that employer is ineligible
1618	1618	to apply for approval of another private plan for a period of three years, beginning on the date of
1619	1619	revocation.
1620	1620	Subd. 17.Employer penalties.(a) The commissioner may assess the following monetary
1621	1621	penalties against an employer with an approved private plan found to have violated this chapter:
1622	1622	(1) $1,000 for the first violation; and
1623	1623	(2) $2,000 for the second, and each successive violation.
1624	1624	(b) The commissioner must waive collection of any penalty if the employer corrects the violation
1625	1625	within 30 days of receiving a notice of the violation and the notice is for a first violation.
1626	1626	(c) The commissioner may waive collection of any penalty if the commissioner determines the
1627	1627	violation to be an inadvertent error by the employer.
1628	1628	(d) Monetary penalties collected under this section shall be deposited in the family and medical
1629	1629	benefit insurance account.
1630	1630	Subd. 18.Reports, information, and records.Employers with an approved private plan must
1631	1631	maintain all reports, information, and records as relating to the private plan and claims for a period
1632	1632	of six years from creation and provide to the commissioner upon request.
1633	1633	Subd. 19.Audit and investigation.The commissioner may investigate and audit plans approved
1634	1634	under this section both before and after the plans are approved.
1635	1635	Subd. 20.Voluntary termination of an approved private plan by an employer.(a) An
1636	1636	employer may terminate its approved private plan by notifying the commissioner in writing at least
1637	1637	30 days before the voluntary termination's effective date.
1638	1638	(b) The employer must notify employees of the voluntary termination no later than 30 days
1639	1639	before the termination's effective date.
1640	1640	(c) An employer must continue the approved private plan's coverage through the termination's
1641	1641	effective date. If an employer does not continue the approved private plan's coverage through the
1642	1642	termination's effective date, the commissioner shall assess against the employer a fine per employee
1643	1643	per day the employee was not covered through the termination's effective date. The fine per employee
1644	1644	per day will equal the employer's and employee's total premium amount for a year, divided by 365.
1645	1645	Subd. 21.Employer obligations after termination of private plan approval.(a) Within seven
1646	1646	days of the effective date of a voluntary or involuntary termination of private plan approval, the
1647	1647	employer must notify all employees of the termination and notify all employees that they are under
1648	1648	the state plan as a result of the termination.
1649	1649	(b) If an employer's workforce becomes covered by the state plan because the employer's private
1650	1650	plan approval was voluntarily or involuntarily terminated, the employer must remain covered by
1651	1651	the state plan and pay premiums to the state for a period of at least three years.
1652	1652	Subd. 21a.Filing obligation.Employers covered under a private plan are subject to the quarterly
1653	1653	wage reporting requirements under section 268B.12.
1654	1654	268B.11 SELF-EMPLOYED AND INDEPENDENT CONTRACTOR ELECTION OF
1655	1655	COVERAGE.
1656	1656	Subdivision 1.Election of coverage.(a) A self-employed individual or independent contractor
1657	1657	may file with the commissioner by electronic transmission in a format prescribed by the
1658	1658	commissioner an application to be entitled to benefits under this chapter for a period not less than
1659	1659	104 consecutive calendar weeks. Upon the approval of the commissioner, sent by United States
1660	1660	30R
1661	1661	APPENDIX
1662	1662	Repealed Minnesota Statutes: 25-03578 mail or electronic transmission, the individual is entitled to benefits under this chapter beginning
1663	1663	the calendar quarter after the date of approval or beginning in a later calendar quarter if requested
1664	1664	by the self-employed individual or independent contractor. The individual ceases to be entitled to
1665	1665	benefits as of the first day of January of any calendar year only if, at least 30 calendar days before
1666	1666	the first day of January, the individual has filed with the commissioner by electronic transmission
1667	1667	in a format prescribed by the commissioner a notice to that effect.
1668	1668	(b) The commissioner may terminate any application approved under this section with 30
1669	1669	calendar days' notice sent by United States mail or electronic transmission if the self-employed
1670	1670	individual is delinquent on any premiums due under this chapter. If an approved application is
1671	1671	terminated in this manner during the first 104 consecutive calendar weeks of election, the
1672	1672	self-employed individual remains obligated to pay the premium under subdivision 3 for the remainder
1673	1673	of that 104-week period.
1674	1674	Subd. 2.Application.A self-employed individual who applies for coverage under this section
1675	1675	must provide the commissioner with (1) the amount of the individual's net earnings from
1676	1676	self-employment, if any, from the most recent taxable year and all tax documents necessary to prove
1677	1677	the accuracy of the amounts reported, and (2) any other documentation the commissioner requires.
1678	1678	A self-employed individual who is covered under this chapter must annually provide the
1679	1679	commissioner with the amount of the individual's net earnings from self-employment within 30
1680	1680	days of filing a federal income tax return.
1681	1681	Subd. 3.Premium.A self-employed individual who elects to receive coverage under this chapter
1682	1682	must annually pay a premium as provided in section 268B.14, subdivision 6, clause (1), times the
1683	1683	lesser of:
1684	1684	(1) the individual's self-employment premium base; or
1685	1685	(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability Insurance
1686	1686	tax.
1687	1687	Subd. 4.Benefits.Notwithstanding anything to the contrary, a self-employed individual who
1688	1688	has applied to and been approved for coverage by the commissioner under this section is entitled
1689	1689	to benefits on the same basis as an employee under this chapter, except that a self-employed
1690	1690	individual's weekly benefit amount under section 268B.04, subdivision 1, must be calculated as a
1691	1691	percentage of the self-employed individual's self-employment premium base, rather than wages.
1692	1692	268B.12 WAGE REPORTING.
1693	1693	Subdivision 1.Wage detail report.(a) Each employer must submit, under the employer premium
1694	1694	account described in section 268B.13, a quarterly wage detail report by electronic transmission, in
1695	1695	a format prescribed by the commissioner. The report must include for each employee in covered
1696	1696	employment and for each seasonal employee during the calendar quarter, the employee's name, the
1697	1697	total wages paid to the employee, and total number of paid hours worked. For employees exempt
1698	1698	from the definition of employee in section 177.23, subdivision 7, clause (6), the employer must
1699	1699	report 40 hours worked for each week any duties were performed by a full-time employee and must
1700	1700	report a reasonable estimate of the hours worked for each week duties were performed by a part-time
1701	1701	employee. In addition, the wage detail report must include the number of employees employed
1702	1702	during the payroll period that includes the 12th day of each calendar month and, if required by the
1703	1703	commissioner, the report must be broken down by business location and separate business unit.
1704	1704	The report is due and must be received by the commissioner on or before the last day of the month
1705	1705	following the end of the calendar quarter. The commissioner may delay the due date on a specific
1706	1706	calendar quarter in the event the department is unable to accept wage detail reports electronically.
1707	1707	(b) The employer may report the wages paid to the next lower whole dollar amount.
1708	1708	(c) An employer need not include the name of the employee or other required information on
1709	1709	the wage detail report if disclosure is specifically exempted from being reported by federal law.
1710	1710	(d) A wage detail report must be submitted for each calendar quarter even though no wages
1711	1711	were paid, unless the business has been terminated.
1712	1712	Subd. 2.Electronic transmission of report required.Each employer must submit the quarterly
1713	1713	wage detail report by electronic transmission in a format prescribed by the commissioner. The
1714	1714	commissioner has the discretion to accept wage detail reports that are submitted by any other means
1715	1715	or the commissioner may return the report submitted by other than electronic transmission to the
1716	1716	employer, and reports returned are considered as not submitted and the late fees under subdivision
1717	1717	3 may be imposed.
1718	1718	31R
1719	1719	APPENDIX
1720	1720	Repealed Minnesota Statutes: 25-03578 Subd. 3.Failure to timely file report; late fees.(a) Any employer that fails to submit the
1721	1721	quarterly wage detail report when due must pay a late fee of $10 per employee, computed based
1722	1722	upon the highest of:
1723	1723	(1) the number of employees reported on the last wage detail report submitted;
1724	1724	(2) the number of employees reported in the corresponding quarter of the prior calendar year;
1725	1725	or
1726	1726	(3) if no wage detail report has ever been submitted, the number of employees listed at the time
1727	1727	of employer registration.
1728	1728	The late fee is canceled if the wage detail report is received within 30 calendar days after a demand
1729	1729	for the report is sent to the employer by mail or electronic transmission. A late fee assessed to an
1730	1730	employer may not be canceled more than twice each 12 months. The amount of the late fee assessed
1731	1731	may not be less than $250.
1732	1732	(b) If the wage detail report is not received in a manner and format prescribed by the
1733	1733	commissioner within 30 calendar days after demand is sent under paragraph (a), the late fee assessed
1734	1734	under paragraph (a) doubles and a renewed demand notice and notice of the increased late fee will
1735	1735	be sent to the employer by mail or electronic transmission.
1736	1736	(c) Late fees due under this subdivision may be canceled, in whole or in part, under section
1737	1737	268B.16.
1738	1738	Subd. 4.Missing or erroneous information.(a) Any employer that submits the wage detail
1739	1739	report, but fails to include all required employee information or enters erroneous information, may
1740	1740	be subject to an administrative service fee of $25 for each employee for whom the information is
1741	1741	partially missing or erroneous.
1742	1742	(b) Any employer that submits the wage detail report, but fails to include an employee, may be
1743	1743	subject to an administrative service fee equal to two percent of the total wages for each employee
1744	1744	for whom the information is completely missing.
1745	1745	(c) An employer shall not be subject to any penalty under this section upon a reasonable showing
1746	1746	that the employer's act or omission which violated the provisions of this section was in good faith
1747	1747	or that the employer had reasonable grounds for believing that the act or omission was not a violation
1748	1748	of the provisions of this section.
1749	1749	Subd. 5.Fees.The fees provided for in subdivisions 3 and 4 are in addition to interest and other
1750	1750	penalties imposed by this chapter and are collected in the same manner as delinquent taxes and
1751	1751	credited to the family and medical benefit insurance account.
1752	1752	268B.13 EMPLOYER PREMIUM ACCOUNTS.
1753	1753	The commissioner must maintain a premium account for each employer. The commissioner
1754	1754	must assess the premium account for all the premiums due under section 268B.14, and credit the
1755	1755	family and medical benefit insurance account with all premiums paid.
1756	1756	268B.14 PREMIUMS.
1757	1757	Subdivision 1.Payments.(a) Family and medical leave premiums accrue and become payable
1758	1758	by each employer, except for an employer with an approved private plan under section 268B.10,
1759	1759	for each calendar year on the taxable wages that the employer paid to employees in covered
1760	1760	employment.
1761	1761	Each employer must pay premiums quarterly, at the premium rate defined under this section,
1762	1762	on the taxable wages paid to each employee. The commissioner must compute the premium due
1763	1763	from the wage detail report required under section 268B.12 and notify the employer of the premium
1764	1764	due. The premiums must be paid to the family and medical benefit insurance account and must be
1765	1765	received by the department on or before the last day of the month following the end of the calendar
1766	1766	quarter.
1767	1767	(b) If for any reason the wages on the wage detail report under section 268B.12 are adjusted
1768	1768	for any quarter, the commissioner must recompute the premiums due for that quarter and assess
1769	1769	the employer for any amount due or credit the employer as appropriate.
1770	1770	Subd. 2.Payments by electronic payment required.(a) Every employer must make any
1771	1771	payments due under this chapter by electronic payment.
1772	1772	32R
1773	1773	APPENDIX
1774	1774	Repealed Minnesota Statutes: 25-03578 (b) All third-party processors, paying on behalf of a client company, must make any payments
1775	1775	due under this chapter by electronic payment.
1776	1776	(c) Regardless of paragraph (a) or (b), the commissioner has the discretion to accept payment
1777	1777	by other means.
1778	1778	Subd. 3.Employee charge back.Notwithstanding section 177.24, subdivision 4, or 181.06,
1779	1779	subdivision 1, and subject to subdivision 6, employers must pay a minimum of 50 percent of the
1780	1780	annual premiums paid under this section. Employees, through a deduction in their wages to the
1781	1781	employer, must pay the remaining portion, if any, of the premium not paid by the employer. Such
1782	1782	deductions for any given employee must be in equal proportion to the premiums paid based on the
1783	1783	wages of that employee. Deductions under this section must not cause an employee's wage, after
1784	1784	the deduction, to fall below the rate required to be paid to the employee by any applicable statute,
1785	1785	regulation, rule, ordinance, or government resolution or policy, whichever rate of pay is greater.
1786	1786	Subd. 4.Wages and payments subject to premium.The maximum wages subject to premium
1787	1787	in a calendar year is equal to the maximum earnings in that year subject to the FICA Old-Age,
1788	1788	Survivors, and Disability Insurance tax.
1789	1789	Subd. 5a.Small employer premium rate.(a) Small employers are eligible for the premium
1790	1790	rates provided by this subdivision if the employer:
1791	1791	(1) has 30 or fewer employees pursuant to subdivision 5b; and
1792	1792	(2) the average wage for that employer as calculated in subdivision 5c is less than or equal to
1793	1793	150 percent of the state's average wage in covered employment for the basis period.
1794	1794	(b) The premium rate for small employers eligible under this subdivision is 75 percent of the
1795	1795	annual premium rate calculated in subdivisions 6 and 7, as follows:
1796	1796	(1) employers must pay a minimum of 25 percent of the rate calculated in subdivisions 6 and
1797	1797	7. Employers shall not deduct from any employees' pay to fund the employer portion of the premium;
1798	1798	and
1799	1799	(2) employees must pay the remaining portion due under this subdivision, if any, of the premium
1800	1800	not paid by the employer. The employer must make wage deductions as necessary under this
1801	1801	subdivision to fund the employee portion of the premium.
1802	1802	Subd. 5b.Employee count.(a) The basis period for determining premiums under:
1803	1803	(1) subdivision 5a;
1804	1804	(2) average employer wages under subdivision 5c; and
1805	1805	(3) eligibility for small employer assistance grants under section 268B.29 for any tax year shall
1806	1806	be the four-quarter period ending September 30 of the prior year.
1807	1807	(b) For each employer that has been covered for the entirety of the basis period, the maximum
1808	1808	number of quarterly wage records reported by the employer during the basis period shall be used
1809	1809	to determine premiums under subdivision 5a and eligibility for small employer assistance grants
1810	1810	under section 268B.29.
1811	1811	(c) For any employer not covered for the entirety of the basis period, the number of employees
1812	1812	used to determine premiums under subdivision 5a and eligibility for small employer assistance
1813	1813	grants under section 268B.29 shall be based on the number of employees working in Minnesota
1814	1814	the employer estimates they will employ in the following calendar year.
1815	1815	(d) If upon a review of the actual number of wage records reported, it is found that a new
1816	1816	employer's estimate at time of registration was ten percent or more less than the actual number of
1817	1817	records reported, the employer's premiums under subdivision 5a and eligibility for small employer
1818	1818	assistance grants under section 268B.29 shall be recalculated based on the wage records reported.
1819	1819	Subd. 5c.Average wage for employer.(a) For each employer that has been covered for the
1820	1820	entirety of the basis period, the employer's average wage shall be calculated by dividing the maximum
1821	1821	amount of covered wages reported by the employer in a single quarterly wage record during the
1822	1822	basis period by the maximum number of quarterly wage records reported by the employer during
1823	1823	the basis period.
1824	1824	(b) For any employer not covered for the entirety of the basis period, the employer's average
1825	1825	wage shall by calculated by dividing the employer's estimated amount of covered wages in the
1826	1826	33R
1827	1827	APPENDIX
1828	1828	Repealed Minnesota Statutes: 25-03578 following tax year by the employer's estimated number of employees working in Minnesota the
1829	1829	employer will employ in the following calendar year.
1830	1830	(c) If upon a review of the actual amount of covered wages reported it is found that a new
1831	1831	employer's estimate at time of registration was ten percent or more less than the actual amount of
1832	1832	covered wages, the employer's premiums under subdivision 5a and eligibility for small employer
1833	1833	assistance grants under section 268B.29 shall be recalculated based on the wage records reported.
1834	1834	Subd. 6.Annual employer premium rates.The employer premium rates beginning January
1835	1835	1, 2026, shall be as follows:
1836	1836	(1) for an employer participating in both family and medical benefit programs, 0.7 percent;
1837	1837	(2) for an employer participating in only the medical benefit program and with an approved
1838	1838	private plan for the family benefit program, 0.4 percent; and
1839	1839	(3) for an employer participating in only the family benefit program and with an approved
1840	1840	private plan for the medical benefit program, 0.3 percent.
1841	1841	Subd. 7.Premium rate adjustments.The commissioner may adjust the annual premium rates
1842	1842	pursuant to this section prior to January 1, 2026. By July 31, 2026, and then by July 31 of each year
1843	1843	thereafter, the commissioner must adjust the annual premium rates for the following calendar year
1844	1844	based on program historical experience and sound actuarial principles and so that the projected
1845	1845	fund balance as a percentage of total program expenditure does not fall below 25 percent. The
1846	1846	commissioner shall contract with a qualified independent actuarial consultant to conduct an actuarial
1847	1847	study for this purpose no less than every year. A copy of all actuarial studies, and any revisions or
1848	1848	other documents received that relate to an actuarial study, must be provided promptly to the chairs
1849	1849	and ranking minority members of the legislative committees with jurisdiction over this chapter. All
1850	1850	actuarial studies, and any revisions or other documents received that relate to an actuarial study,
1851	1851	must also be filed with the Legislative Reference Library in compliance with section 3.195. A
1852	1852	qualified independent actuarial consultant is one who is a Fellow of the Society of Actuaries (FSA)
1853	1853	and a Member of the American Academy of Actuaries (MAAA) and who has experience directly
1854	1854	relevant to the analysis required. In no year shall the annual premium rate exceed 1.2 percent of
1855	1855	taxable wages paid to each employee.
1856	1856	Subd. 8.Deposit of premiums.All premiums collected under this section must be deposited
1857	1857	into the family and medical benefit insurance account.
1858	1858	Subd. 9.Nonpayment of premiums by employer.The failure of an employer to pay premiums
1859	1859	does not impact the right of an employee to benefits, or any other right, under this chapter.
1860	1860	268B.145 INCOME TAX WITHHOLDING AND STATE TAXATION.
1861	1861	Subdivision 1.Federal income tax.If the Internal Revenue Service determines that benefits
1862	1862	received under this chapter are subject to federal income tax, the applicant may elect to have federal
1863	1863	income tax deducted and withheld from the applicant's benefits.
1864	1864	Subd. 2.State income tax.Benefits received under this chapter are subject to state income tax.
1865	1865	If the applicant elects to have federal income tax withheld, the applicant may, in addition, elect to
1866	1866	have Minnesota state income tax withheld.
1867	1867	Subd. 3.Notification.Upon filing an application for benefits, the applicant must be informed
1868	1868	that:
1869	1869	(1) benefits are subject to federal and state income tax;
1870	1870	(2) there are requirements for filing estimated tax payments;
1871	1871	(3) the applicant may elect to have federal income tax withheld from benefits;
1872	1872	(4) if the applicant elects to have federal income tax withheld, the applicant may, in addition,
1873	1873	elect to have Minnesota state income tax withheld; and
1874	1874	(5) at any time during the benefit year the applicant may change a prior election.
1875	1875	Subd. 4.Withholding.If an applicant elects to have federal income tax withheld, the
1876	1876	commissioner must deduct ten percent for federal income tax. If an applicant also elects to have
1877	1877	Minnesota state income tax withheld, the commissioner must make an additional five percent
1878	1878	deduction for state income tax. Any amount deducted under section 268B.06 has priority over any
1879	1879	amounts deducted under this section. Federal income tax withholding has priority over state income
1880	1880	34R
1881	1881	APPENDIX
1882	1882	Repealed Minnesota Statutes: 25-03578 tax withholding. An election to have income tax withheld may not be retroactive and only applies
1883	1883	to benefits paid after the election.
1884	1884	Subd. 5.Transfer of funds.The amount of any benefits deducted under this section remains
1885	1885	in the family and medical benefit insurance account until transferred to the Internal Revenue Service,
1886	1886	or the Department of Revenue, as an income tax payment on behalf of the applicant.
1887	1887	Subd. 6.Correction of errors.Any error that resulted in underwithholding or overwithholding
1888	1888	under this section must not be corrected retroactively.
1889	1889	Subd. 7.Effect of payments.Any amount deducted under this section is considered as benefits
1890	1890	paid to the applicant.
1891	1891	268B.15 COLLECTION OF PREMIUMS.
1892	1892	Subdivision 1.Amount computed presumed correct.Any amount due from an employer, as
1893	1893	computed by the commissioner, is presumed to be correctly determined and assessed, and the burden
1894	1894	is upon the employer to show its incorrectness. A statement by the commissioner of the amount
1895	1895	due is admissible in evidence in any court or administrative proceeding and is prima facie evidence
1896	1896	of the facts in the statement.
1897	1897	Subd. 2.Priority of payments.(a) Any payment received from an employer must be applied
1898	1898	in the following order:
1899	1899	(1) family and medical leave premiums under this chapter; then
1900	1900	(2) interest on past due premiums; then
1901	1901	(3) penalties, late fees, administrative service fees, and costs.
1902	1902	(b) Paragraph (a) is the priority used for all payments received from an employer, regardless of
1903	1903	how the employer may designate the payment to be applied, except when:
1904	1904	(1) there is an outstanding lien and the employer designates that the payment made should be
1905	1905	applied to satisfy the lien;
1906	1906	(2) the payment is specifically designated by the employer to be applied to an outstanding
1907	1907	overpayment of benefits of an applicant;
1908	1908	(3) a court or administrative order directs that the payment be applied to a specific obligation;
1909	1909	(4) a preexisting payment plan provides for the application of payment; or
1910	1910	(5) the commissioner, under the compromise authority of section 268B.16, agrees to apply the
1911	1911	payment to a different priority.
1912	1912	Subd. 3.Estimating the premium due.Only if an employer fails to make all necessary records
1913	1913	available for an audit under section 268B.21 and the commissioner has reason to believe the employer
1914	1914	has not reported all the required wages on the quarterly wage detail reports, may the commissioner
1915	1915	then estimate the amount of premium due and assess the employer the estimated amount due.
1916	1916	Subd. 4.Costs.(a) Any employer and any applicant subject to section 268B.185, subdivision
1917	1917	2, that fails to pay any amount when due under this chapter is liable for any filing fees, recording
1918	1918	fees, sheriff fees, costs incurred by referral to any public or private collection agency, or litigation
1919	1919	costs, including attorney fees, incurred in the collection of the amounts due.
1920	1920	(b) If any tendered payment of any amount due is not honored when presented to a financial
1921	1921	institution for payment, any costs assessed the department by the financial institution and a fee of
1922	1922	$25 must be assessed to the person.
1923	1923	Subd. 5.Interest on amounts past due.If any amounts due from an employer under this chapter
1924	1924	are not received on the date due, the commissioner must assess interest on any amount that remains
1925	1925	unpaid. Interest is assessed at the rate of one percent per month or any part of a month. Interest is
1926	1926	not assessed on unpaid interest. Interest collected under this subdivision is credited to the account.
1927	1927	Subd. 6.Interest on judgments.Regardless of section 549.09, if a judgment is entered upon
1928	1928	any past due amounts from an employer under this chapter, the unpaid judgment bears interest at
1929	1929	the rate specified in subdivision 5 until the date of payment.
1930	1930	Subd. 7.Credit adjustments; refunds.(a) If an employer makes an application for a credit
1931	1931	adjustment of any amount paid under this chapter within four years of the date that the payment
1932	1932	was due, in a manner and format prescribed by the commissioner, and the commissioner determines
1933	1933	35R
1934	1934	APPENDIX
1935	1935	Repealed Minnesota Statutes: 25-03578 that the payment or any portion thereof was erroneous, the commissioner must make an adjustment
1936	1936	and issue a credit without interest. If a credit cannot be used, the commissioner must refund, without
1937	1937	interest, the amount erroneously paid. The commissioner, on the commissioner's own motion, may
1938	1938	make a credit adjustment or refund under this subdivision.
1939	1939	(b) Any refund returned to the commissioner is considered unclaimed property under chapter
1940	1940	345.
1941	1941	(c) If a credit adjustment or refund is denied in whole or in part, a determination of denial must
1942	1942	be sent to the employer by mail or electronic transmission.
1943	1943	(d) If an employer receives a credit adjustment or refund under this section, the employer must
1944	1944	determine the amount of any overpayment attributable to a deduction from employee wages under
1945	1945	section 268B.14, subdivision 3, and return any amount erroneously deducted to each affected
1946	1946	employee.
1947	1947	Subd. 8.Priorities under legal dissolutions or distributions.In the event of any distribution
1948	1948	of an employer's assets according to an order of any court, including any receivership, assignment
1949	1949	for benefit of creditors, adjudicated insolvency, or similar proceeding, premiums then or thereafter
1950	1950	due must be paid in full before all other claims except claims for wages of not more than $1,000
1951	1951	per former employee, earned within six months of the commencement of the proceedings. In the
1952	1952	event of an employer's adjudication in bankruptcy under federal law, premiums then or thereafter
1953	1953	due are entitled to the priority provided in that law for taxes due in any state.
1954	1954	268B.155 CHILD SUPPORT DEDUCTION FROM BENEFITS.
1955	1955	Subdivision 1.Definitions.As used in this section:
1956	1956	(1) "child support agency" means the public agency responsible for child support enforcement,
1957	1957	including federally approved comprehensive Tribal IV-D programs; and
1958	1958	(2) "child support obligations" means obligations that are being enforced by a child support
1959	1959	agency in accordance with a plan described in United States Code, title 42, sections 454 and 455,
1960	1960	of the Social Security Act that has been approved by the secretary of health and human services
1961	1961	under part D of title IV of the Social Security Act. This does not include any type of spousal
1962	1962	maintenance or foster care payments.
1963	1963	Subd. 2.Notice upon application.In an application for family or medical leave benefits, the
1964	1964	applicant must disclose if child support obligations are owed and, if so, in what state and county.
1965	1965	If child support obligations are owed, the commissioner must, if the applicant establishes a leave,
1966	1966	notify the child support agency.
1967	1967	Subd. 3.Withholding of benefit.The commissioner must deduct and withhold from any family
1968	1968	or medical leave benefits payable to an applicant who owes child support obligations:
1969	1969	(1) the amount required under a proper order of a court or administrative agency; or
1970	1970	(2) if clause (1) is not applicable, the amount determined under an agreement under United
1971	1971	States Code, title 42, section 454(20)(B)(i), of the Social Security Act; or
1972	1972	(3) if clause (1) or (2) is not applicable, the amount specified by the applicant.
1973	1973	Subd. 4.Payment.Any amount deducted and withheld must be paid to the child support agency,
1974	1974	must for all purposes be treated as if it were paid to the applicant as family or medical leave benefits
1975	1975	and paid by the applicant to the child support agency in satisfaction of the applicant's child support
1976	1976	obligations.
1977	1977	Subd. 5.Payment of costs.The child support agency must pay the costs incurred by the
1978	1978	commissioner in the implementation and administration of this section and sections 518A.50 and
1979	1979	518A.53.
1980	1980	268B.16 COMPROMISE.
1981	1981	(a) The commissioner may compromise in whole or in part any action, determination, or decision
1982	1982	that affects only an employer and not an applicant. This paragraph applies if it is determined by a
1983	1983	court of law, or a confession of judgment, that an applicant, while employed, wrongfully took from
1984	1984	the employer $500 or more in money or property.
1985	1985	(b) The commissioner may at any time compromise any premium or reimbursement due from
1986	1986	an employer under this chapter.
1987	1987	36R
1988	1988	APPENDIX
1989	1989	Repealed Minnesota Statutes: 25-03578 (c) Any compromise involving an amount over $10,000 must be authorized by an attorney
1990	1990	licensed to practice law in Minnesota who is an employee of the department designated by the
1991	1991	commissioner for that purpose.
1992	1992	(d) Any compromise must be in the best interest of the state of Minnesota.
1993	1993	268B.17 ADMINISTRATIVE COSTS.
1994	1994	Beginning January 1, 2026, and each calendar year thereafter, the commissioner may spend up
1995	1995	to seven percent of projected benefit payments for that calendar year for the administration of this
1996	1996	chapter. The department may enter into interagency agreements with the Department of Labor and
1997	1997	Industry and the Department of Commerce, including agreements to transfer funds, subject to the
1998	1998	limit in this section, for the Department of Labor and Industry to fulfill its enforcement authority
1999	1999	of this chapter and for the Department of Commerce to fulfill the requirements of this chapter.
2000	2000	268B.18 PUBLIC OUTREACH.
2001	2001	Beginning in fiscal year 2026, the commissioner must use at least 0.5 percent of projected
2002	2002	benefit payments under section 268B.17 for the purpose of outreach, education, and technical
2003	2003	assistance for employees, employers, and self-employed individuals eligible to elect coverage under
2004	2004	section 268B.11. The department may enter into interagency agreements with the Department of
2005	2005	Labor and Industry and the Department of Commerce, including agreements to transfer funds,
2006	2006	subject to the limit in section 268B.17, to accomplish the requirements of this section. At least
2007	2007	one-half of the amount spent under this section must be used for grants to community-based groups.
2008	2008	268B.185 BENEFIT OVERPAYMENTS.
2009	2009	Subdivision 1.Repaying an overpayment.(a) Any applicant who (1) because of a determination
2010	2010	or amended determination issued under this chapter, or (2) because of a hearing officer's decision
2011	2011	under section 268B.08, has received any family or medical leave benefits that the applicant was
2012	2012	held not entitled to, is overpaid the benefits and must promptly repay the benefits to the family and
2013	2013	medical benefit insurance account.
2014	2014	(b) If the applicant fails to repay the benefits overpaid, including any penalty and interest assessed
2015	2015	under subdivisions 2 and 4, the total due may be collected by the methods allowed under state and
2016	2016	federal law.
2017	2017	Subd. 2.Overpayment because of misrepresentation.(a) An applicant has committed
2018	2018	misrepresentation if the applicant is overpaid benefits by making an intentional false statement or
2019	2019	representation in an effort to fraudulently collect benefits. Overpayment because of misrepresentation
2020	2020	does not occur where there is an unintentional mistake or a good faith belief as to the eligibility or
2021	2021	correctness of the statement or representation.
2022	2022	(b) After the discovery of facts indicating misrepresentation, the commissioner must issue a
2023	2023	determination of overpayment penalty assessing a penalty equal to 15 percent of the amount overpaid.
2024	2024	(c) A determination of overpayment penalty must state the methods of collection the
2025	2025	commissioner may use to recover the overpayment, penalty, and interest assessed. Money received
2026	2026	in repayment of overpaid benefits, penalties, and interest is first applied to the benefits overpaid,
2027	2027	second to the penalty amount due, and third to any interest due.
2028	2028	(d) The department is authorized to issue a determination of overpayment penalty under this
2029	2029	subdivision within 24 months of the establishment of the leave upon which the benefits were obtained
2030	2030	through misrepresentation.
2031	2031	Subd. 3.Theft.(a) An individual is guilty of theft and must be sentenced under section 609.52
2032	2032	if the individual obtains, or attempts to obtain, or aids or abets any other individual to obtain, by
2033	2033	an intentional false statement or representation, by intentional concealment of a material fact, or
2034	2034	by impersonation or other fraudulent means, benefits to which the individual is not entitled under
2035	2035	this chapter.
2036	2036	(b) Any employer, or any officer or agent of an employer, or any other individual has committed
2037	2037	fraud and is guilty of a crime, if, in order to avoid or reduce any payment required from an employer
2038	2038	under this chapter, to improperly secure a grant under section 268B.29, or to prevent or reduce the
2039	2039	payment of benefits to an applicant, they:
2040	2040	(1) make a false statement or representation knowing it to be false;
2041	2041	(2) knowingly fail to disclose a material fact; or
2042	2042	37R
2043	2043	APPENDIX
2044	2044	Repealed Minnesota Statutes: 25-03578 (3) knowingly advise or assist an employer in violating clause (1) or (2).
2045	2045	The individual is guilty of a gross misdemeanor if the value of the fraudulent activity is $500 or
2046	2046	less. The individual is guilty of a felony if the value of the fraudulent activity exceeds $500.
2047	2047	Subd. 4.Interest.For any family and medical leave benefits obtained by misrepresentation,
2048	2048	and any penalty amounts assessed under subdivision 2, the commissioner must assess interest on
2049	2049	any amount that remains unpaid beginning 30 calendar days after the date of a determination of
2050	2050	overpayment penalty. Interest is assessed at the rate of six percent per year. A determination of
2051	2051	overpayment penalty must state that interest will be assessed. Interest is not assessed on unpaid
2052	2052	interest. Interest collected under this subdivision is credited to the family and medical benefit
2053	2053	insurance account.
2054	2054	Subd. 5.Offset of benefits.The commissioner may offset from any future family and medical
2055	2055	leave benefits otherwise payable the amount of an overpayment. No single offset may exceed 20
2056	2056	percent of the amount of the payment from which the offset is made.
2057	2057	Subd. 6.Cancellation of overpayments.(a) If family and medical leave benefits overpayments
2058	2058	are not repaid or offset from subsequent benefits within three years after the date of the determination
2059	2059	or decision holding the applicant overpaid, the commissioner must cancel the overpayment balance,
2060	2060	and no administrative or legal proceedings may be used to enforce collection of those amounts.
2061	2061	(b) The commissioner may cancel at any time any overpayment, including penalties and interest
2062	2062	that the commissioner determines is uncollectible because of death or bankruptcy.
2063	2063	Subd. 7.Collection of overpayments.(a) The commissioner has discretion regarding the
2064	2064	recovery of any overpayment for reasons other than misrepresentation. Regardless of any law to
2065	2065	the contrary, the commissioner is not required to refer any overpayment for reasons other than
2066	2066	misrepresentation to a public or private collection agency, including agencies of this state.
2067	2067	(b) Amounts overpaid for reasons other than misrepresentation are not considered a "debt" to
2068	2068	the state of Minnesota for purposes of any reporting requirements to the commissioner of
2069	2069	management and budget.
2070	2070	(c) A pending appeal under section 268B.08 does not suspend the assessment of interest,
2071	2071	penalties, or collection of an overpayment.
2072	2072	(d) Section 16A.626 applies to the repayment by an applicant of any overpayment, penalty, or
2073	2073	interest.
2074	2074	Subd. 8.Court fees; collection fees.(a) If the department is required to pay any court fees in
2075	2075	an attempt to enforce collection of overpaid benefits, penalties, or interest, the amount of the court
2076	2076	fees may be added to the total amount due.
2077	2077	(b) If an applicant who has been overpaid benefits because of misrepresentation seeks to have
2078	2078	any portion of the debt discharged under the federal bankruptcy code, and the department files an
2079	2079	objection in bankruptcy court to the discharge, the cost of any court fees may be added to the debt
2080	2080	if the bankruptcy court does not discharge the debt.
2081	2081	(c) If the Internal Revenue Service assesses a fee from the department for offsetting from a
2082	2082	federal tax refund the amount of any overpayment, including penalties and interest, the amount of
2083	2083	the fee may be added to the total amount due. The offset amount must be put in the family and
2084	2084	medical benefit insurance account and that amount credited to the total amount due from the
2085	2085	applicant.
2086	2086	268B.19 EMPLOYER MISCONDUCT; PENALTY.
2087	2087	(a) The commissioner must penalize an employer if that employer or any employee, officer, or
2088	2088	agent of that employer is in collusion with any applicant for the purpose of assisting the applicant
2089	2089	in receiving benefits fraudulently. The penalty is $500 or the amount of benefits determined to be
2090	2090	overpaid, whichever is greater.
2091	2091	(b) The commissioner must penalize an employer if that employer or any employee, officer, or
2092	2092	agent of that employer:
2093	2093	(1) made a false statement or representation knowing it to be false;
2094	2094	(2) made a false statement or representation without a good-faith belief as to the correctness of
2095	2095	the statement or representation; or
2096	2096	(3) knowingly failed to disclose a material fact.
2097	2097	38R
2098	2098	APPENDIX
2099	2099	Repealed Minnesota Statutes: 25-03578 (c) The penalty is the greater of $500 or 50 percent of the following resulting from the employer's
2100	2100	action:
2101	2101	(1) the amount of any overpaid benefits to an applicant;
2102	2102	(2) the amount of benefits not paid to an applicant that would otherwise have been paid; or
2103	2103	(3) the amount of any payment required from the employer under this chapter that was not paid.
2104	2104	(d) Penalties must be paid within 30 calendar days of issuance of the determination of penalty
2105	2105	and credited to the family and medical benefit insurance account.
2106	2106	268B.21 RECORDS; AUDITS.
2107	2107	Subdivision 1.Employer records; audits.(a) Each employer must keep true and accurate
2108	2108	records on individuals performing services for the employer, containing the information the
2109	2109	commissioner may require under this chapter. The records must be kept for a period of not less than
2110	2110	four years in addition to the current calendar year.
2111	2111	(b) For the purpose of administering this chapter, the commissioner has the power to audit,
2112	2112	examine, or cause to be supplied or copied, any books, correspondence, papers, records, or
2113	2113	memoranda that are the property of, or in the possession of, an employer or any other person at any
2114	2114	reasonable time and as often as may be necessary. Subpoenas may be issued under section 268B.22
2115	2115	as necessary for an audit.
2116	2116	(c) An employer or other person that refuses to allow an audit of its records by the department
2117	2117	or that fails to make all necessary records available for audit in the state upon request of the
2118	2118	commissioner may be assessed an administrative penalty of $500. The penalty collected is credited
2119	2119	to the family and medical benefit insurance account.
2120	2120	(d) An employer, or other person, that fails to provide a weekly breakdown of money earned
2121	2121	by an applicant upon request of the commissioner, information necessary for the detection of
2122	2122	applicant misrepresentation under section 268B.185, subdivision 2, may be assessed an administrative
2123	2123	penalty of $100. Any notice requesting a weekly breakdown must clearly state that a $100 penalty
2124	2124	may be assessed for failure to provide the information. The penalty collected is credited to the
2125	2125	family and medical benefit insurance account.
2126	2126	Subd. 2.Department records; destruction.(a) The commissioner may make summaries,
2127	2127	compilations, duplications, or reproductions of any records pertaining to this chapter that the
2128	2128	commissioner considers advisable for the preservation of the information.
2129	2129	(b) Regardless of any law to the contrary, the commissioner may destroy any records that are
2130	2130	no longer necessary for the administration of this chapter. In addition, the commissioner may destroy
2131	2131	any record from which the information has been electronically captured and stored.
2132	2132	268B.22 SUBPOENAS; OATHS.
2133	2133	(a) The commissioner or hearing officer has authority to administer oaths and affirmations, take
2134	2134	depositions, certify to official acts, and issue subpoenas to compel the attendance of individuals
2135	2135	and the production of documents and other personal property necessary in connection with the
2136	2136	administration of this chapter.
2137	2137	(b) Individuals subpoenaed, other than applicants or officers and employees of an employer
2138	2138	that is the subject of the inquiry, are paid witness fees the same as witness fees in civil actions in
2139	2139	district court. The fees need not be paid in advance.
2140	2140	(c) The subpoena is enforceable through the district court in Ramsey County.
2141	2141	268B.23 LIEN; LEVY; SETOFF; AND CIVIL ACTION.
2142	2142	Subdivision 1.Lien.(a) Any amount due under this chapter, from an applicant or an employer,
2143	2143	becomes a lien upon all the property, within this state, both real and personal, of the person liable,
2144	2144	from the date of assessment. For the purposes of this section, "date of assessment" means the date
2145	2145	the obligation was due.
2146	2146	(b) The lien is not enforceable against any purchaser, mortgagee, pledgee, holder of a Uniform
2147	2147	Commercial Code security interest, mechanic's lien, or judgment lien creditor, until a notice of lien
2148	2148	has been filed with the county recorder of the county where the property is situated, or in the case
2149	2149	of personal property belonging to a nonresident person in the Office of the Secretary of State. When
2150	2150	the notice of lien is filed with the county recorder, the fee for filing and indexing is as provided in
2151	2151	sections 272.483 and 272.484.
2152	2152	39R
2153	2153	APPENDIX
2154	2154	Repealed Minnesota Statutes: 25-03578 (c) Notices of liens, lien renewals, and lien releases, in a form prescribed by the commissioner,
2155	2155	may be filed with the county recorder or the secretary of state by mail or personal delivery. The
2156	2156	filing officer, whether the county recorder or the secretary of state, must endorse and index a printout
2157	2157	of the notice as if the notice had been mailed or delivered.
2158	2158	(d) County recorders and the secretary of state must enter information on lien notices, renewals,
2159	2159	and releases into their respective database system.
2160	2160	(e) The lien imposed on personal property, even though properly filed, is not enforceable against
2161	2161	a purchaser of tangible personal property purchased at retail or personal property listed as exempt
2162	2162	in sections 550.37, 550.38, and 550.39.
2163	2163	(f) A notice of lien filed has priority over any security interest arising under chapter 336, article
2164	2164	9, that is perfected prior in time to the lien imposed by this subdivision, but only if:
2165	2165	(1) the perfected security interest secures property not in existence at the time the notice of lien
2166	2166	is filed; and
2167	2167	(2) the property comes into existence after the 45th calendar day following the day the notice
2168	2168	of lien is filed, or after the secured party has actual notice or knowledge of the lien filing, whichever
2169	2169	is earlier.
2170	2170	(g) The lien is enforceable from the time the lien arises and for ten years from the date of filing
2171	2171	the notice of lien. A notice of lien may be renewed before expiration for an additional ten years.
2172	2172	(h) The lien is enforceable by levy under subdivision 2 or by judgment lien foreclosure under
2173	2173	chapter 550.
2174	2174	(i) The lien may be imposed upon property defined as homestead property in chapter 510 but
2175	2175	may be enforced only upon the sale, transfer, or conveyance of the homestead property.
2176	2176	(j) The commissioner may sell and assign to a third party the commissioner's right of redemption
2177	2177	in specific real property for liens filed under this subdivision. The assignee is limited to the same
2178	2178	rights of redemption as the commissioner, except that in a bankruptcy proceeding, the assignee
2179	2179	does not obtain the commissioner's priority. Any proceeds from the sale of the right of redemption
2180	2180	are credited to the family and medical benefit insurance account.
2181	2181	Subd. 2.Levy.(a) If any amount due under this chapter, from an applicant or an employer, is
2182	2182	not paid when due, the amount may be collected by the commissioner by direct levy upon all
2183	2183	property and rights of property of the person liable for the amount due except property exempt from
2184	2184	execution under section 550.37. For the purposes of this section, "levy" includes the power of
2185	2185	distraint and seizure by any means.
2186	2186	(b) In addition to a direct levy, the commissioner may issue a warrant to the sheriff of any county
2187	2187	who must proceed within 60 calendar days to levy upon the property or rights to property of the
2188	2188	delinquent person within the county, except property exempt under section 550.37. The sheriff must
2189	2189	sell that property necessary to satisfy the total amount due, together with the commissioner's and
2190	2190	sheriff's costs. The sales are governed by the law applicable to sales of like property on execution
2191	2191	of a judgment.
2192	2192	(c) Notice and demand for payment of the total amount due must be mailed to the delinquent
2193	2193	person at least ten calendar days before action being taken under paragraphs (a) and (b).
2194	2194	(d) If the commissioner has reason to believe that collection of the amount due is in jeopardy,
2195	2195	notice and demand for immediate payment may be made. If the total amount due is not paid, the
2196	2196	commissioner may proceed to collect by direct levy or issue a warrant without regard to the ten
2197	2197	calendar day period.
2198	2198	(e) In executing the levy, the commissioner must have all of the powers provided in chapter
2199	2199	550 or any other law that provides for execution against property in this state. The sale of property
2200	2200	levied upon and the time and manner of redemption is as provided in chapter 550. The seal of the
2201	2201	court is not required. The levy may be made whether or not the commissioner has commenced a
2202	2202	legal action for collection.
2203	2203	(f) Where any assessment has been made by the commissioner, the property seized for collection
2204	2204	of the total amount due must not be sold until any determination of liability has become final. No
2205	2205	sale may be made unless a portion of the amount due remains unpaid for a period of more than 30
2206	2206	calendar days after the determination of liability becomes final. Seized property may be sold at any
2207	2207	time if:
2208	2208	40R
2209	2209	APPENDIX
2210	2210	Repealed Minnesota Statutes: 25-03578 (1) the delinquent person consents in writing to the sale; or
2211	2211	(2) the commissioner determines that the property is perishable or may become greatly reduced
2212	2212	in price or value by keeping, or that the property cannot be kept without great expense.
2213	2213	(g) Where a levy has been made to collect the amount due and the property seized is properly
2214	2214	included in a formal proceeding commenced under sections 524.3-401 to 524.3-505 and maintained
2215	2215	under full supervision of the court, the property may not be sold until the probate proceedings are
2216	2216	completed or until the court orders.
2217	2217	(h) The property seized must be returned if the owner:
2218	2218	(1) gives a surety bond equal to the appraised value of the owner's interest in the property, as
2219	2219	determined by the commissioner; or
2220	2220	(2) deposits with the commissioner security in a form and amount the commissioner considers
2221	2221	necessary to insure payment of the liability.
2222	2222	(i) If a levy or sale would irreparably injure rights in property that the court determines superior
2223	2223	to rights of the state, the court may grant an injunction to prohibit the enforcement of the levy or
2224	2224	to prohibit the sale.
2225	2225	(j) Any person who fails or refuses to surrender without reasonable cause any property or rights
2226	2226	to property subject to levy is personally liable in an amount equal to the value of the property or
2227	2227	rights not so surrendered, but not exceeding the amount due.
2228	2228	(k) If the commissioner has seized the property of any individual, that individual may, upon
2229	2229	giving 48 hours notice to the commissioner and to the court, bring a claim for equitable relief before
2230	2230	the district court for the release of the property upon terms and conditions the court considers
2231	2231	equitable.
2232	2232	(l) Any person in control or possession of property or rights to property upon which a levy has
2233	2233	been made who surrenders the property or rights to property, or who pays the amount due is
2234	2234	discharged from any obligation or liability to the person liable for the amount due with respect to
2235	2235	the property or rights to property.
2236	2236	(m) The notice of any levy may be served personally or by mail.
2237	2237	(n) The commissioner may release the levy upon all or part of the property or rights to property
2238	2238	levied upon if the commissioner determines that the release will facilitate the collection of the
2239	2239	liability, but the release does not prevent any subsequent levy. If the commissioner determines that
2240	2240	property has been wrongfully levied upon, the commissioner must return:
2241	2241	(1) the specific property levied upon, at any time; or
2242	2242	(2) an amount of money equal to the amount of money levied upon, at any time before the
2243	2243	expiration of nine months from the date of levy.
2244	2244	(o) Regardless of section 52.12, a levy upon a person's funds on deposit in a financial institution
2245	2245	located in this state, has priority over any unexercised right of setoff of the financial institution to
2246	2246	apply the levied funds toward the balance of an outstanding loan or loans owed by the person to
2247	2247	the financial institution. A claim by the financial institution that it exercised its right to setoff before
2248	2248	the levy must be substantiated by evidence of the date of the setoff, and verified by an affidavit
2249	2249	from a corporate officer of the financial institution. For purposes of determining the priority of any
2250	2250	levy under this subdivision, the levy is treated as if it were an execution under chapter 550.
2251	2251	Subd. 3.Right of setoff.(a) Upon certification by the commissioner to the commissioner of
2252	2252	management and budget, or to any state agency that disburses its own funds, that a person, applicant,
2253	2253	or employer has a liability under this chapter, and that the state has purchased personal services,
2254	2254	supplies, contract services, or property from that person, the commissioner of management and
2255	2255	budget or the state agency must set off and pay to the commissioner an amount sufficient to satisfy
2256	2256	the unpaid liability from funds appropriated for payment of the obligation of the state otherwise
2257	2257	due the person. No amount may be set off from any funds exempt under section 550.37 or funds
2258	2258	due an individual who receives assistance under chapter 256.
2259	2259	(b) All funds, whether general or dedicated, are subject to setoff.
2260	2260	(c) Regardless of any law to the contrary, the commissioner has first priority to setoff from any
2261	2261	funds otherwise due from the department to a delinquent person.
2262	2262	41R
2263	2263	APPENDIX
2264	2264	Repealed Minnesota Statutes: 25-03578 Subd. 4.Collection by civil action.(a) Any amount due under this chapter, from an applicant
2265	2265	or employer, may be collected by civil action in the name of the state of Minnesota. Civil actions
2266	2266	brought under this subdivision must be heard as provided under section 16D.14. In any action,
2267	2267	judgment must be entered in default for the relief demanded in the complaint without proof, together
2268	2268	with costs and disbursements, upon the filing of an affidavit of default.
2269	2269	(b) Any person that is not a resident of this state and any resident person removed from this
2270	2270	state, is considered to appoint the secretary of state as its agent for the acceptance of process in any
2271	2271	civil action. The commissioner must file process with the secretary of state, together with a payment
2272	2272	of a fee of $15 and that service is considered sufficient service and has the same force and validity
2273	2273	as if served personally within this state. Notice of the service of process, together with a copy of
2274	2274	the process, must be sent by certified mail to the person's last known address. An affidavit of
2275	2275	compliance with this subdivision, and a copy of the notice of service must be appended to the
2276	2276	original of the process and filed in the court.
2277	2277	(c) No court filing fees, docketing fees, or release of judgment fees may be assessed against the
2278	2278	state for actions under this subdivision.
2279	2279	Subd. 5.Injunction forbidden.No injunction or other legal action to prevent the determination,
2280	2280	assessment, or collection of any amounts due under this chapter, from an applicant or employer,
2281	2281	are allowed.
2282	2282	268B.24 CONCILIATION SERVICES.
2283	2283	The Department of Labor and Industry may offer conciliation services to employers and
2284	2284	employees to resolve disputes concerning alleged violations of employment protections identified
2285	2285	in section 268B.09.
2286	2286	268B.25 ANNUAL REPORTS.
2287	2287	(a) Beginning on or before January 1, 2027, the commissioner must annually report to the
2288	2288	Department of Management and Budget and the house of representatives and senate committee
2289	2289	chairs with jurisdiction over this chapter on program administrative expenditures and revenue
2290	2290	collection for the prior fiscal year, including but not limited to:
2291	2291	(1) total revenue raised through premium collection;
2292	2292	(2) the number of self-employed individuals or independent contractors electing coverage under
2293	2293	section 268B.11 and amount of associated revenue;
2294	2294	(3) the number of covered business entities paying premiums under this chapter and associated
2295	2295	revenue;
2296	2296	(4) administrative expenditures including transfers to other state agencies expended in the
2297	2297	administration of the chapter;
2298	2298	(5) summary of contracted services expended in the administration of this chapter;
2299	2299	(6) grant amounts and recipients under sections 268B.18 and 268B.29;
2300	2300	(7) an accounting of required outreach expenditures;
2301	2301	(8) summary of private plan approvals including the number of employers and employees
2302	2302	covered under private plans; and
2303	2303	(9) adequacy and use of the private plan approval and oversight fee.
2304	2304	(b) Beginning on or before January 1, 2027, the commissioner must annually publish a publicly
2305	2305	available report providing the following information for the previous fiscal year:
2306	2306	(1) total eligible claims;
2307	2307	(2) the number and percentage of claims attributable to each category of benefit;
2308	2308	(3) claimant demographics by age, race or ethnicity, gender, average weekly wage, occupation,
2309	2309	and the type of leave taken;
2310	2310	(4) the percentage of claims denied and the reasons therefor, including but not limited to
2311	2311	insufficient information and ineligibility and the reason therefor;
2312	2312	(5) average weekly benefit amount paid for all claims and by category of benefit;
2313	2313	(6) changes in the benefits paid compared to previous fiscal years;
2314	2314	42R
2315	2315	APPENDIX
2316	2316	Repealed Minnesota Statutes: 25-03578 (7) processing times for initial claims processing, initial determinations, and final decisions;
2317	2317	(8) average duration for cases completed;
2318	2318	(9) the number of cases remaining open at the close of such year; and
2319	2319	(10) the employers who received approval by the department for seasonal employee classification
2320	2320	and the number of seasonal employees approved for each year.
2321	2321	268B.26 NOTICE REQUIREMENTS.
2322	2322	(a) Each employer must post in a conspicuous place on each of its premises a workplace notice
2323	2323	prepared by the commissioner providing notice of benefits available under this chapter. The required
2324	2324	workplace notice must be in English and each language other than English which is the primary
2325	2325	language of five or more employees or independent contractors of that workplace, if such notice is
2326	2326	available from the department.
2327	2327	(b) Each employer must issue to each employee not more than 30 days from the beginning date
2328	2328	of the employee's employment, or 30 days before premium collection begins, whichever is later,
2329	2329	the following written information provided by the department in the primary language of the
2330	2330	employee:
2331	2331	(1) an explanation of the availability of family and medical leave benefits provided under this
2332	2332	chapter, including rights to reinstatement and continuation of health insurance;
2333	2333	(2) the amount of premium deductions made by the employer under this chapter;
2334	2334	(3) the employer's premium amount and obligations under this chapter;
2335	2335	(4) the name and mailing address of the employer;
2336	2336	(5) the identification number assigned to the employer by the department;
2337	2337	(6) instructions on how to file a claim for family and medical leave benefits;
2338	2338	(7) the mailing address, email address, and telephone number of the department; and
2339	2339	(8) any other information required by the department.
2340	2340	Delivery is made when an employee provides written or electronic acknowledgment of receipt of
2341	2341	the information. In cases where an employee refuses to acknowledge receipt, an employer must be
2342	2342	able to demonstrate the way the employee had been notified.
2343	2343	(c) An employer that fails to comply with this section may be issued, for a first violation, a civil
2344	2344	penalty of $50 per employee, and for each subsequent violation, a civil penalty of $300 per employee.
2345	2345	The employer shall have the burden of demonstrating compliance with this section.
2346	2346	(d) Employer notice to an employee under this section may be provided in paper or electronic
2347	2347	format. For notice provided in electronic format only, the employer must provide employee access
2348	2348	to an employer-owned computer during an employee's regular working hours to review and print
2349	2349	required notices.
2350	2350	(e) The department shall prepare a uniform employee notice form for employers to use that
2351	2351	provides the notice information required under this section. The commissioner shall prepare the
2352	2352	uniform employee notice in the five most common languages spoken in Minnesota.
2353	2353	(f) Each employer who employs or intends to employ seasonal employees as defined in section
2354	2354	268B.01, subdivision 35, must issue to each seasonal employee a notice that the employee is not
2355	2355	eligible to receive paid family and medical leave benefits while the employee is so employed. The
2356	2356	notice must be provided at the time an employment offer is made, or within 30 days of November
2357	2357	1, 2025, for the employer's existing seasonal employees, and be in a form provided by the department.
2358	2358	Delivery is made when an employee provides written or electronic acknowledgment of receipt of
2359	2359	the information, or signs a statement indicating the employee's refusal to sign such acknowledgment.
2360	2360	268B.27 RELATIONSHIP TO OTHER LEAVE; CONSTRUCTION.
2361	2361	Subdivision 1.Concurrent leave.An employer may require leave taken under this chapter to
2362	2362	run concurrently with leave taken for the same purpose under section 181.941 or the Family and
2363	2363	Medical Leave Act, United States Code, title 29, sections 2601 to 2654, as amended.
2364	2364	Subd. 2.Construction.Nothing in this chapter shall be construed to:
2365	2365	43R
2366	2366	APPENDIX
2367	2367	Repealed Minnesota Statutes: 25-03578 (1) allow an employer to compel an employee to exhaust accumulated sick, vacation, or personal
2368	2368	time before or while taking leave under this chapter;
2369	2369	(2) prohibit an employer from providing additional benefits, including but not limited to covering
2370	2370	the portion of earnings not provided during periods of leave covered under this chapter including
2371	2371	through a supplemental benefit payment, as defined under section 268B.01, subdivision 41;
2372	2372	(3) limit the parties to a collective bargaining agreement from bargaining and agreeing with
2373	2373	respect to leave benefits and related policies and employee protections that meet or exceed, and do
2374	2374	not otherwise conflict with, the minimum standards and requirements in this chapter; or
2375	2375	(4) be applied so as to create any power or duty in conflict with federal law.
2376	2376	268B.28 SEVERABLE.
2377	2377	If the United States Department of Labor or a court of competent jurisdiction determines that
2378	2378	any provision of the family and medical benefit insurance program under this chapter is not in
2379	2379	conformity with, or is inconsistent with, the requirements of state or federal law, the provision has
2380	2380	no force or effect. If only a portion of the provision, or the application to any person or circumstances,
2381	2381	is determined not in conformity, or determined inconsistent, the remainder of the provision and the
2382	2382	application of the provision to other persons or circumstances are not affected.
2383	2383	268B.29 SMALL EMPLOYER ASSISTANCE GRANTS.
2384	2384	(a) Employers with 30 or fewer employees as calculated under section 268B.14, subdivision
2385	2385	5b, and an average wage for that employer under section 268B.14, subdivision 5c, less than or equal
2386	2386	to 150 percent of the state's average wage in covered employment for the prior year may apply to
2387	2387	the department for grants under this section.
2388	2388	(b) The commissioner may approve a grant of up to $3,000 if the employer hires a temporary
2389	2389	worker, or increases another existing worker's wages, to substitute for an employee on family or
2390	2390	medical leave for a period of seven days or more.
2391	2391	(c) The maximum total grant per eligible employer in a calendar year is $6,000.
2392	2392	(d) Grants must be used to hire temporary workers or to increase wages for current employees.
2393	2393	To be eligible for consideration for a grant under this section, the employer must documentation
2394	2394	attest, in a manner and format prescribed by the commissioner, that:
2395	2395	(1) the temporary worker hired or wage-related costs incurred are due to an employee's use of
2396	2396	leave under this chapter;
2397	2397	(2) the amount of the grant requested is less than or equal to the additional costs incurred by
2398	2398	the employer; and
2399	2399	(3) the employer meets the revenue requirements in paragraph (a).
2400	2400	(e) Applications shall be submitted and processed in a form and manner determined by the
2401	2401	commissioner within each calendar year until funding is exhausted. Applications received after
2402	2402	funding has been exhausted in a calendar year are not eligible for reimbursement.
2403	2403	(f) An employer who has an approved private plan is not eligible to receive a grant under this
2404	2404	section.
2405	2405	(g) Unless additional funds are appropriated, the commissioner may award grants under this
2406	2406	section up to a maximum of $5,000,000 per calendar year from the family and medical benefit
2407	2407	insurance account.
2408	2408	268B.30 DATA PRIVACY.
2409	2409	(a) Except as provided by this section, data collected, created, or maintained under this chapter
2410	2410	are private data on individuals or nonpublic data not on individuals as defined in section 13.02,
2411	2411	subdivisions 9 and 12, and must not be disclosed except according to a district court order or section
2412	2412	13.05. A subpoena is not considered a district court order.
2413	2413	(b) Data classified under paragraph (a) may be disseminated to and used by the following without
2414	2414	the consent of the subject of the data:
2415	2415	(1) state and federal agencies specifically authorized access to the data by state or federal law;
2416	2416	(2) the unemployment insurance division, to the extent necessary to administer the programs
2417	2417	established under this chapter and chapter 268;
2418	2418	44R
2419	2419	APPENDIX
2420	2420	Repealed Minnesota Statutes: 25-03578 (3) employers, to the extent necessary to support adjudication of application requests and to
2421	2421	support the employer's administration of a leave of absence;
2422	2422	(4) health care providers, to the extent necessary to support verification of health care conditions
2423	2423	and qualifying events;
2424	2424	(5) the public authority responsible for child support in Minnesota or any other state in accordance
2425	2425	with section 518A.83;
2426	2426	(6) human rights agencies within Minnesota that have enforcement powers;
2427	2427	(7) the Department of Revenue, to the extent necessary for its duties under Minnesota laws;
2428	2428	(8) public and private agencies responsible for administering publicly financed assistance
2429	2429	programs for the purpose of monitoring the eligibility of the program's recipients;
2430	2430	(9) the Department of Labor and Industry and the Commerce Fraud Bureau in the Department
2431	2431	of Commerce for uses consistent with the administration of their duties under Minnesota law;
2432	2432	(10) the Department of Human Services and the Office of Inspector General and its agents
2433	2433	within the Department of Human Services, including county fraud investigators, for investigations
2434	2434	related to recipient or provider fraud and employees of providers when the provider is suspected
2435	2435	of committing public assistance fraud;
2436	2436	(11) the Department of Public Safety for support in identity verification;
2437	2437	(12) local, state, and federal law enforcement agencies for the purpose of ascertaining the last
2438	2438	known address and employment location of an individual who is the subject of a criminal
2439	2439	investigation;
2440	2440	(13) the Department of Health for the purposes of epidemiologic investigations;
2441	2441	(14) the Department of Corrections for the purposes of tracking incarceration of applicants; and
2442	2442	(15) contracted third parties, to the extent necessary to aid in identity verification, adjudication,
2443	2443	administration, and evaluation of the program.
2444	2444	(c) Data on individuals and employers that are collected, maintained, or used by the department
2445	2445	in an investigation under section 268B.19, 268B.21, 268B.22, or 268B.23 are confidential as to
2446	2446	data on individuals and protected nonpublic data not on individuals as defined in section 13.02,
2447	2447	subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to
2448	2448	a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.
2449	2449	(d) Data gathered by the department in the administration of this chapter must not be made the
2450	2450	subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action
2451	2451	is initiated by the department.
2452	2452	45R
2453	2453	APPENDIX
2454	2454	Repealed Minnesota Statutes: 25-03578