1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to employment; delaying the implementation of the Minnesota Paid Leave |
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3 | 3 | | 1.3 Law by one year; amending Minnesota Statutes 2024, sections 268B.02, subdivision |
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4 | 4 | | 1.4 6; 268B.14, subdivisions 6, 7; 268B.17; 268B.18; 268B.25; 268B.26. |
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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 268B.02, subdivision 6, is amended to read: |
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7 | 7 | | 1.7 Subd. 6.Procurement.For purposes of administering this chapter, until July 1, 2026 |
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8 | 8 | | 1.82027, the department is exempt from the requirements of sections 16A.15, subdivision 3; |
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9 | 9 | | 1.916C.06; 16C.08 to 16C.09; and any other applicable state procurement laws and procedures. |
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10 | 10 | | 1.10 EFFECTIVE DATE.This section is effective the day following final enactment. |
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11 | 11 | | 1.11 Sec. 2. Minnesota Statutes 2024, section 268B.14, subdivision 6, is amended to read: |
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12 | 12 | | 1.12 Subd. 6.Annual employer premium rates.The employer premium rates beginning |
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13 | 13 | | 1.13January 1, 2026 2027, shall be as follows: |
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14 | 14 | | 1.14 (1) for an employer participating in both family and medical benefit programs, 0.7 |
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15 | 15 | | 1.15percent; |
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16 | 16 | | 1.16 (2) for an employer participating in only the medical benefit program and with an |
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17 | 17 | | 1.17approved private plan for the family benefit program, 0.4 percent; and |
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18 | 18 | | 1.18 (3) for an employer participating in only the family benefit program and with an approved |
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19 | 19 | | 1.19private plan for the medical benefit program, 0.3 percent. |
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20 | 20 | | 1.20 EFFECTIVE DATE.This section is effective January 1, 2027. |
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21 | 21 | | 1Sec. 2. |
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22 | 22 | | 25-02235 as introduced01/21/25 REVISOR SS/KR |
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23 | 23 | | SENATE |
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24 | 24 | | STATE OF MINNESOTA |
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25 | 25 | | S.F. No. 2529NINETY-FOURTH SESSION |
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26 | 26 | | (SENATE AUTHORS: RARICK) |
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27 | 27 | | OFFICIAL STATUSD-PGDATE |
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28 | 28 | | Introduction and first reading03/13/2025 |
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29 | 29 | | Referred to Jobs and Economic Development 2.1 Sec. 3. Minnesota Statutes 2024, section 268B.14, subdivision 7, is amended to read: |
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30 | 30 | | 2.2 Subd. 7.Premium rate adjustments.The commissioner may adjust the annual premium |
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31 | 31 | | 2.3rates pursuant to this section prior to January 1, 2026 2027. By July 31, 2026 2027, and |
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32 | 32 | | 2.4then by July 31 of each year thereafter, the commissioner must adjust the annual premium |
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33 | 33 | | 2.5rates for the following calendar year based on program historical experience and sound |
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34 | 34 | | 2.6actuarial principles and so that the projected fund balance as a percentage of total program |
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35 | 35 | | 2.7expenditure does not fall below 25 percent. The commissioner shall contract with a qualified |
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36 | 36 | | 2.8independent actuarial consultant to conduct an actuarial study for this purpose no less than |
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37 | 37 | | 2.9every year. A copy of all actuarial studies, and any revisions or other documents received |
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38 | 38 | | 2.10that relate to an actuarial study, must be provided promptly to the chairs and ranking minority |
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39 | 39 | | 2.11members of the legislative committees with jurisdiction over this chapter. All actuarial |
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40 | 40 | | 2.12studies, and any revisions or other documents received that relate to an actuarial study, must |
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41 | 41 | | 2.13also be filed with the Legislative Reference Library in compliance with section 3.195. A |
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42 | 42 | | 2.14qualified independent actuarial consultant is one who is a Fellow of the Society of Actuaries |
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43 | 43 | | 2.15(FSA) and a Member of the American Academy of Actuaries (MAAA) and who has |
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44 | 44 | | 2.16experience directly relevant to the analysis required. In no year shall the annual premium |
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45 | 45 | | 2.17rate exceed 1.2 percent of taxable wages paid to each employee. |
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46 | 46 | | 2.18 EFFECTIVE DATE.This section is effective January 1, 2027. |
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47 | 47 | | 2.19 Sec. 4. Minnesota Statutes 2024, section 268B.17, is amended to read: |
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48 | 48 | | 2.20 268B.17 ADMINISTRATIVE COSTS. |
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49 | 49 | | 2.21 Beginning January 1, 2026 2027, and each calendar year thereafter, the commissioner |
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50 | 50 | | 2.22may spend up to seven percent of projected benefit payments for that calendar year for the |
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51 | 51 | | 2.23administration of this chapter. The department may enter into interagency agreements with |
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52 | 52 | | 2.24the Department of Labor and Industry and the Department of Commerce, including |
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53 | 53 | | 2.25agreements to transfer funds, subject to the limit in this section, for the Department of Labor |
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54 | 54 | | 2.26and Industry to fulfill its enforcement authority of this chapter and for the Department of |
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55 | 55 | | 2.27Commerce to fulfill the requirements of this chapter. |
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56 | 56 | | 2.28 EFFECTIVE DATE.This section is effective July 1, 2026. |
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57 | 57 | | 2.29 Sec. 5. Minnesota Statutes 2024, section 268B.18, is amended to read: |
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58 | 58 | | 2.30 268B.18 PUBLIC OUTREACH. |
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59 | 59 | | 2.31 Beginning in fiscal year 2026 2027, the commissioner must use at least 0.5 percent of |
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60 | 60 | | 2.32projected benefit payments under section 268B.17 for the purpose of outreach, education, |
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61 | 61 | | 2Sec. 5. |
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62 | 62 | | 25-02235 as introduced01/21/25 REVISOR SS/KR 3.1and technical assistance for employees, employers, and self-employed individuals eligible |
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63 | 63 | | 3.2to elect coverage under section 268B.11. The department may enter into interagency |
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64 | 64 | | 3.3agreements with the Department of Labor and Industry and the Department of Commerce, |
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65 | 65 | | 3.4including agreements to transfer funds, subject to the limit in section 268B.17, to accomplish |
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66 | 66 | | 3.5the requirements of this section. At least one-half of the amount spent under this section |
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67 | 67 | | 3.6must be used for grants to community-based groups. |
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68 | 68 | | 3.7 EFFECTIVE DATE.This section is effective January 1, 2027. |
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69 | 69 | | 3.8 Sec. 6. Minnesota Statutes 2024, section 268B.25, is amended to read: |
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70 | 70 | | 3.9 268B.25 ANNUAL REPORTS. |
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71 | 71 | | 3.10 (a) Beginning on or before January 1, 2027 2028, the commissioner must annually report |
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72 | 72 | | 3.11to the Department of Management and Budget and the house of representatives and senate |
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73 | 73 | | 3.12committee chairs with jurisdiction over this chapter on program administrative expenditures |
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74 | 74 | | 3.13and revenue collection for the prior fiscal year, including but not limited to: |
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75 | 75 | | 3.14 (1) total revenue raised through premium collection; |
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76 | 76 | | 3.15 (2) the number of self-employed individuals or independent contractors electing coverage |
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77 | 77 | | 3.16under section 268B.11 and amount of associated revenue; |
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78 | 78 | | 3.17 (3) the number of covered business entities paying premiums under this chapter and |
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79 | 79 | | 3.18associated revenue; |
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80 | 80 | | 3.19 (4) administrative expenditures including transfers to other state agencies expended in |
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81 | 81 | | 3.20the administration of the chapter; |
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82 | 82 | | 3.21 (5) summary of contracted services expended in the administration of this chapter; |
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83 | 83 | | 3.22 (6) grant amounts and recipients under sections 268B.18 and 268B.29; |
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84 | 84 | | 3.23 (7) an accounting of required outreach expenditures; |
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85 | 85 | | 3.24 (8) summary of private plan approvals including the number of employers and employees |
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86 | 86 | | 3.25covered under private plans; and |
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87 | 87 | | 3.26 (9) adequacy and use of the private plan approval and oversight fee. |
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88 | 88 | | 3.27 (b) Beginning on or before January 1, 2027 2028, the commissioner must annually |
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89 | 89 | | 3.28publish a publicly available report providing the following information for the previous |
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90 | 90 | | 3.29fiscal year: |
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91 | 91 | | 3.30 (1) total eligible claims; |
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92 | 92 | | 3Sec. 6. |
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93 | 93 | | 25-02235 as introduced01/21/25 REVISOR SS/KR 4.1 (2) the number and percentage of claims attributable to each category of benefit; |
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94 | 94 | | 4.2 (3) claimant demographics by age, race or ethnicity, gender, average weekly wage, |
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95 | 95 | | 4.3occupation, and the type of leave taken; |
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96 | 96 | | 4.4 (4) the percentage of claims denied and the reasons therefor, including but not limited |
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97 | 97 | | 4.5to insufficient information and ineligibility and the reason therefor; |
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98 | 98 | | 4.6 (5) average weekly benefit amount paid for all claims and by category of benefit; |
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99 | 99 | | 4.7 (6) changes in the benefits paid compared to previous fiscal years; |
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100 | 100 | | 4.8 (7) processing times for initial claims processing, initial determinations, and final |
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101 | 101 | | 4.9decisions; |
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102 | 102 | | 4.10 (8) average duration for cases completed; |
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103 | 103 | | 4.11 (9) the number of cases remaining open at the close of such year; and |
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104 | 104 | | 4.12 (10) the employers who received approval by the department for seasonal employee |
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105 | 105 | | 4.13classification and the number of seasonal employees approved for each year. |
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106 | 106 | | 4.14 EFFECTIVE DATE.This section is effective January 1, 2027. |
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107 | 107 | | 4.15 Sec. 7. Minnesota Statutes 2024, section 268B.26, is amended to read: |
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108 | 108 | | 4.16 268B.26 NOTICE REQUIREMENTS. |
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109 | 109 | | 4.17 (a) Each employer must post in a conspicuous place on each of its premises a workplace |
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110 | 110 | | 4.18notice prepared by the commissioner providing notice of benefits available under this chapter. |
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111 | 111 | | 4.19The required workplace notice must be in English and each language other than English |
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112 | 112 | | 4.20which is the primary language of five or more employees or independent contractors of that |
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113 | 113 | | 4.21workplace, if such notice is available from the department. |
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114 | 114 | | 4.22 (b) Each employer must issue to each employee not more than 30 days from the beginning |
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115 | 115 | | 4.23date of the employee's employment, or 30 days before premium collection begins, whichever |
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116 | 116 | | 4.24is later, the following written information provided by the department in the primary language |
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117 | 117 | | 4.25of the employee: |
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118 | 118 | | 4.26 (1) an explanation of the availability of family and medical leave benefits provided under |
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119 | 119 | | 4.27this chapter, including rights to reinstatement and continuation of health insurance; |
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120 | 120 | | 4.28 (2) the amount of premium deductions made by the employer under this chapter; |
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121 | 121 | | 4.29 (3) the employer's premium amount and obligations under this chapter; |
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122 | 122 | | 4.30 (4) the name and mailing address of the employer; |
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123 | 123 | | 4Sec. 7. |
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124 | 124 | | 25-02235 as introduced01/21/25 REVISOR SS/KR 5.1 (5) the identification number assigned to the employer by the department; |
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125 | 125 | | 5.2 (6) instructions on how to file a claim for family and medical leave benefits; |
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126 | 126 | | 5.3 (7) the mailing address, email address, and telephone number of the department; and |
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127 | 127 | | 5.4 (8) any other information required by the department. |
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128 | 128 | | 5.5Delivery is made when an employee provides written or electronic acknowledgment of |
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129 | 129 | | 5.6receipt of the information. In cases where an employee refuses to acknowledge receipt, an |
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130 | 130 | | 5.7employer must be able to demonstrate the way the employee had been notified. |
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131 | 131 | | 5.8 (c) An employer that fails to comply with this section may be issued, for a first violation, |
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132 | 132 | | 5.9a civil penalty of $50 per employee, and for each subsequent violation, a civil penalty of |
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133 | 133 | | 5.10$300 per employee. The employer shall have the burden of demonstrating compliance with |
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134 | 134 | | 5.11this section. |
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135 | 135 | | 5.12 (d) Employer notice to an employee under this section may be provided in paper or |
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136 | 136 | | 5.13electronic format. For notice provided in electronic format only, the employer must provide |
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137 | 137 | | 5.14employee access to an employer-owned computer during an employee's regular working |
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138 | 138 | | 5.15hours to review and print required notices. |
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139 | 139 | | 5.16 (e) The department shall prepare a uniform employee notice form for employers to use |
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140 | 140 | | 5.17that provides the notice information required under this section. The commissioner shall |
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141 | 141 | | 5.18prepare the uniform employee notice in the five most common languages spoken in |
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142 | 142 | | 5.19Minnesota. |
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143 | 143 | | 5.20 (f) Each employer who employs or intends to employ seasonal employees as defined in |
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144 | 144 | | 5.21section 268B.01, subdivision 35, must issue to each seasonal employee a notice that the |
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145 | 145 | | 5.22employee is not eligible to receive paid family and medical leave benefits while the employee |
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146 | 146 | | 5.23is so employed. The notice must be provided at the time an employment offer is made, or |
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147 | 147 | | 5.24within 30 days of November 1, 2025 2026, for the employer's existing seasonal employees, |
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148 | 148 | | 5.25and be in a form provided by the department. Delivery is made when an employee provides |
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149 | 149 | | 5.26written or electronic acknowledgment of receipt of the information, or signs a statement |
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150 | 150 | | 5.27indicating the employee's refusal to sign such acknowledgment. |
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151 | 151 | | 5.28 EFFECTIVE DATE.This section is effective November 1, 2026. |
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152 | 152 | | 5.29 Sec. 8. EFFECTIVE DATES. |
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153 | 153 | | 5.30 (a) Notwithstanding any law to the contrary, the effective dates for the following sections |
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154 | 154 | | 5.31of Minnesota Statutes are as follows: |
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155 | 155 | | 5.32 (1) section 268B.03 is effective January 1, 2027; |
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156 | 156 | | 5Sec. 8. |
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157 | 157 | | 25-02235 as introduced01/21/25 REVISOR SS/KR 6.1 (2) section 268B.04 is effective November 1, 2026; |
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158 | 158 | | 6.2 (3) section 268B.05 is effective November 1, 2026; |
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159 | 159 | | 6.3 (4) section 268B.06 is effective November 1, 2026; |
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160 | 160 | | 6.4 (5) section 268B.07 is effective November 1, 2026; |
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161 | 161 | | 6.5 (6) section 268B.081 is effective November 1, 2026; |
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162 | 162 | | 6.6 (7) section 268B.085, subdivision 1, is effective November 1, 2026; |
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163 | 163 | | 6.7 (8) section 268B.085, subdivisions 2 and 3, are effective January 1, 2027; |
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164 | 164 | | 6.8 (9) section 268B.09, subdivisions 1 to 4, are effective November 1, 2026; |
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165 | 165 | | 6.9 (10) section 268B.09, subdivisions 5 to 8, are effective January 1, 2027; |
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166 | 166 | | 6.10 (11) section 268B.10 is effective July 1, 2026; |
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167 | 167 | | 6.11 (12) section 268B.11 is effective July 1, 2026; |
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168 | 168 | | 6.12 (13) section 268B.13 is effective January 1, 2027; |
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169 | 169 | | 6.13 (14) section 268B.14 is effective January 1, 2027; |
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170 | 170 | | 6.14 (15) section 268B.145 is effective January 1, 2027; |
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171 | 171 | | 6.15 (16) section 268B.15 is effective January 1, 2027; |
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172 | 172 | | 6.16 (17) section 268B.155 is effective January 1, 2027; |
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173 | 173 | | 6.17 (18) section 268B.16 is effective January 1, 2027; |
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174 | 174 | | 6.18 (19) section 268B.17 is effective July 1, 2026; |
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175 | 175 | | 6.19 (20) section 268B.18 is effective January 1, 2027; |
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176 | 176 | | 6.20 (21) section 268B.185 is effective January 1, 2027; |
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177 | 177 | | 6.21 (22) section 268B.24 is effective November 1, 2026; |
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178 | 178 | | 6.22 (23) section 268B.25 is effective January 1, 2027; |
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179 | 179 | | 6.23 (24) section 268B.26 is effective November 1, 2026; |
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180 | 180 | | 6.24 (25) section 268B.27 is effective January 1, 2027; and |
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181 | 181 | | 6.25 (26) section 268B.29 is effective January 1, 2027. |
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182 | 182 | | 6.26 (b) The effective dates in paragraph (a) supersede and prevail over the effective date of |
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183 | 183 | | 6.27any other amendments to the sections in paragraph (a) enacted in the 2025 regular or special |
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184 | 184 | | 6Sec. 8. |
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185 | 185 | | 25-02235 as introduced01/21/25 REVISOR SS/KR 7.1session of the legislature, regardless of order of enactment. The effective dates for changes |
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186 | 186 | | 7.2made to the sections in paragraph (a) during the 2023-2024 legislative sessions are void. |
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187 | 187 | | 7.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
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188 | 188 | | 7Sec. 8. |
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189 | 189 | | 25-02235 as introduced01/21/25 REVISOR SS/KR |
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