1.1 A bill for an act
1.2 relating to employment; making employer participation in earned sick and safe
1.3 time benefits permissive; amending Minnesota Statutes 2024, section 181.9445,
1.4 subdivisions 5, 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 181.9445, subdivision 5, is amended to read:
1.7 Subd. 5.Employee.(a) "Employee" means any person who is employed by an employer,
1.8including temporary and part-time employees, who:
1.9 (1) is anticipated by the employer to perform work for at least 80 hours in a year for that
1.10employer in Minnesota.; and
1.11 (2) the employer chooses to provide benefits for under sections 181.9445 to 181.9448.
1.12 (b) Employee does not include:
1.13 (1) an independent contractor;
1.14 (2) an individual who is a volunteer firefighter or paid on-call firefighter, with a
1.15department charged with the prevention or suppression of fires within the boundaries of the
1.16state; is a volunteer ambulance attendant as defined in section 144E.001, subdivision 15;
1.17or is an ambulance service personnel as defined in section 144E.001, subdivision 3a, who
1.18serves in a paid on-call position;
1.19 (3) an individual who is an elected official or a person who is appointed to fill a vacancy
1.20in an elected office as part of a legislative or governing body of Minnesota or a political
1.21subdivision; or
1Section 1.
REVISOR SS/NS 25-0370102/14/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1542
NINETY-FOURTH SESSION 2.1 (4) an individual employed by a farmer, family farm, or a family farm corporation to
2.2provide physical labor on or management of a farm if the farmer, family farm, or family
2.3farm corporation employs the individual to perform work for 28 days or less each year.
2.4 Sec. 2. Minnesota Statutes 2024, section 181.9445, subdivision 6, is amended to read:
2.5 Subd. 6.Employer."Employer" means a person who has one or more employees that
2.6the person chooses to provide benefits for under sections 181.9445 to 181.9448. Employer
2.7includes an individual, a corporation, a partnership, an association, a business trust, a
2.8nonprofit organization, a group of persons, the state of Minnesota, a county, town, city,
2.9school district, or other governmental subdivision. In the case of an employee leasing
2.10company or professional employer organization, the taxpaying employer, as described in
2.11section 268.046, subdivision 1, remains the employer. In the case of an individual provider
2.12within the meaning of section 256B.0711, subdivision 1, paragraph (d), the employer includes
2.13any participant within the meaning of section 256B.0711, subdivision 1, paragraph (e), or
2.14participant's representative within the meaning of section 256B.0711, subdivision 1,
2.15paragraph (f). In the event that a temporary employee is supplied by a staffing agency,
2.16absent a contractual agreement stating otherwise, that individual shall be an employee of
2.17the staffing agency for all purposes of section 177.50 and sections 181.9445 to 181.9448.
2.18Employer does not include the United States government.
2Sec. 2.
REVISOR SS/NS 25-0370102/14/25