| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to labor; allowing the cost of earned sick and safe time benefits to be |
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| 3 | 3 | | 1.3 included in the prevailing wage calculation under certain conditions; amending |
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| 4 | 4 | | 1.4 Minnesota Statutes 2024, section 181.9448, subdivision 1. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 181.9448, subdivision 1, is amended to read: |
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| 7 | 7 | | 1.7 Subdivision 1. Effect on more generous sick and safe time policies.(a) Nothing in |
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| 8 | 8 | | 1.8sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting |
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| 9 | 9 | | 1.9or retaining earned sick and safe time policies that meet or exceed, and do not otherwise |
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| 10 | 10 | | 1.10conflict with, the minimum standards and requirements provided in sections 181.9445 to |
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| 11 | 11 | | 1.11181.9448. All paid time off and other paid leave made available to an employee by an |
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| 12 | 12 | | 1.12employer in excess of the minimum amount required in section 181.9446 for absences from |
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| 13 | 13 | | 1.13work due to personal illness or injury, but not including short-term or long-term disability |
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| 14 | 14 | | 1.14or other salary continuation benefits, must meet or exceed the minimum standards and |
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| 15 | 15 | | 1.15requirements provided in sections 181.9445 to 181.9448, except for section 181.9446. For |
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| 16 | 16 | | 1.16paid leave accrued prior to January 1, 2024, for absences from work due to personal illness |
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| 17 | 17 | | 1.17or injury, an employer may require an employee who uses such leave to follow the written |
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| 18 | 18 | | 1.18notice and documentation requirements in the employer's applicable policy or applicable |
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| 19 | 19 | | 1.19collective bargaining agreement as of December 31, 2023, in lieu of the requirements of |
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| 20 | 20 | | 1.20section 181.9447, subdivisions 2 and 3, provided that an employer does not require an |
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| 21 | 21 | | 1.21employee to use leave accrued on or after January 1, 2024, before using leave accrued prior |
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| 22 | 22 | | 1.22to that date. |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | REVISOR SS/AD 25-0296802/05/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 2650 |
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| 30 | 30 | | NINETY-FOURTH SESSION |
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| 31 | 31 | | Authored by Mekeland03/24/2025 |
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| 32 | 32 | | The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy 2.1 (b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of |
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| 33 | 33 | | 2.2parties to a collective bargaining agreement to bargain and agree with respect to earned sick |
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| 34 | 34 | | 2.3and safe time policies or to diminish the obligation of an employer to comply with any |
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| 35 | 35 | | 2.4contract, collective bargaining agreement, or any employment benefit program or plan that |
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| 36 | 36 | | 2.5meets or exceeds, and does not otherwise conflict with, the minimum standards and |
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| 37 | 37 | | 2.6requirements provided in this section. |
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| 38 | 38 | | 2.7 (c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or |
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| 39 | 39 | | 2.8otherwise affect the applicability of any other law, regulation, requirement, policy, or |
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| 40 | 40 | | 2.9standard that provides for a greater amount, accrual, or use by employees of paid sick and |
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| 41 | 41 | | 2.10safe time or that extends other protections to employees. |
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| 42 | 42 | | 2.11 (d) Nothing in sections 181.9445 to 181.9448 shall be construed or applied so as to |
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| 43 | 43 | | 2.12create any power or duty in conflict with federal law. |
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| 44 | 44 | | 2.13 (e) Employers who provide earned sick and safe time to their employees under a paid |
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| 45 | 45 | | 2.14time off policy or other paid leave policy that may be used for the same purposes and under |
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| 46 | 46 | | 2.15the same conditions as earned sick and safe time, and that meets or exceeds, and does not |
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| 47 | 47 | | 2.16otherwise conflict with, the minimum standards and requirements provided in sections |
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| 48 | 48 | | 2.17181.9445 to 181.9448 are not required to provide additional earned sick and safe time. |
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| 49 | 49 | | 2.18 (f) The provisions of sections 181.9445 to 181.9448 may be waived by a collective |
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| 50 | 50 | | 2.19bargaining agreement with a bona fide building and construction trades labor organization |
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| 51 | 51 | | 2.20that has established itself as the collective bargaining representative for the affected building |
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| 52 | 52 | | 2.21and construction industry employees, provided that for such waiver to be valid, it shall |
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| 53 | 53 | | 2.22explicitly reference sections 181.9445 to 181.9448 and clearly and unambiguously waive |
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| 54 | 54 | | 2.23application of those sections to such employees. Notwithstanding any law to the contrary, |
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| 55 | 55 | | 2.24a construction contractor that has not reached or is not eligible for a waiver agreement with |
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| 56 | 56 | | 2.25its employees for the provision of earned sick and safe time as allowed under this paragraph |
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| 57 | 57 | | 2.26may include the cost of that benefit, if provided, in the construction contractor's prevailing |
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| 58 | 58 | | 2.27wage calculation under section 177.42, subdivision 6. |
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| 59 | 59 | | 2.28 (g) The requirements of section 181.9447, subdivision 3, may be waived for paid leave |
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| 60 | 60 | | 2.29made available to an employee by an employer for absences from work in excess of the |
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| 61 | 61 | | 2.30minimum amount required in section 181.9446 through a collective bargaining agreement |
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| 62 | 62 | | 2.31with a labor organization that has established itself as the collective bargaining representative |
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| 63 | 63 | | 2.32for the employees, provided that for such waiver to be valid, it shall explicitly reference |
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| 64 | 64 | | 2.33section 181.9447, subdivision 3, and clearly and unambiguously waive application of that |
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| 65 | 65 | | 2.34subdivision to such employees. |
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| 66 | 66 | | 2Section 1. |
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| 67 | 67 | | REVISOR SS/AD 25-0296802/05/25 3.1 (h) An individual provider, as defined in section 256B.0711, subdivision 1, paragraph |
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| 68 | 68 | | 3.2(d), who provides services through a consumer support grant under section 256.476, |
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| 69 | 69 | | 3.3consumer-directed community supports under section 256B.4911, or community first services |
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| 70 | 70 | | 3.4and supports under section 256B.85, to a family member who is a participant, as defined |
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| 71 | 71 | | 3.5in section 256B.0711, subdivision 1, paragraph (e), may individually waive the provisions |
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| 72 | 72 | | 3.6of sections 181.9445 to 181.9448 for the remainder of the participant's service plan year, |
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| 73 | 73 | | 3.7provided that the funds are returned to the participant's budget. Once an individual provider |
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| 74 | 74 | | 3.8has waived the provisions of sections 181.9445 to 181.9448, they may not accrue earned |
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| 75 | 75 | | 3.9sick and safe time until the start of the participant's next service plan year. |
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| 76 | 76 | | 3.10 (i) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy |
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| 77 | 77 | | 3.11whereby employees may donate unused accrued sick and safe time to another employee. |
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| 78 | 78 | | 3.12 (j) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and |
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| 79 | 79 | | 3.13safe time to an employee before accrual by the employee. |
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| 80 | 80 | | 3Section 1. |
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| 81 | 81 | | REVISOR SS/AD 25-0296802/05/25 |
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