| 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 | | 25-02968 as introduced02/05/25 REVISOR SS/AD |
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| 25 | 25 | | SENATE |
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| 26 | 26 | | STATE OF MINNESOTA |
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| 27 | 27 | | S.F. No. 2919NINETY-FOURTH SESSION |
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| 28 | 28 | | (SENATE AUTHORS: DORNINK, Lieske, Draheim and Gruenhagen) |
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| 29 | 29 | | OFFICIAL STATUSD-PGDATE |
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| 30 | 30 | | Introduction and first reading03/24/2025 |
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| 31 | 31 | | Referred to Labor 2.1 (b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of |
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| 32 | 32 | | 2.2parties to a collective bargaining agreement to bargain and agree with respect to earned sick |
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| 33 | 33 | | 2.3and safe time policies or to diminish the obligation of an employer to comply with any |
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| 34 | 34 | | 2.4contract, collective bargaining agreement, or any employment benefit program or plan that |
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| 35 | 35 | | 2.5meets or exceeds, and does not otherwise conflict with, the minimum standards and |
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| 36 | 36 | | 2.6requirements provided in this section. |
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| 37 | 37 | | 2.7 (c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or |
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| 38 | 38 | | 2.8otherwise affect the applicability of any other law, regulation, requirement, policy, or |
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| 39 | 39 | | 2.9standard that provides for a greater amount, accrual, or use by employees of paid sick and |
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| 40 | 40 | | 2.10safe time or that extends other protections to employees. |
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| 41 | 41 | | 2.11 (d) Nothing in sections 181.9445 to 181.9448 shall be construed or applied so as to |
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| 42 | 42 | | 2.12create any power or duty in conflict with federal law. |
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| 43 | 43 | | 2.13 (e) Employers who provide earned sick and safe time to their employees under a paid |
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| 44 | 44 | | 2.14time off policy or other paid leave policy that may be used for the same purposes and under |
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| 45 | 45 | | 2.15the same conditions as earned sick and safe time, and that meets or exceeds, and does not |
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| 46 | 46 | | 2.16otherwise conflict with, the minimum standards and requirements provided in sections |
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| 47 | 47 | | 2.17181.9445 to 181.9448 are not required to provide additional earned sick and safe time. |
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| 48 | 48 | | 2.18 (f) The provisions of sections 181.9445 to 181.9448 may be waived by a collective |
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| 49 | 49 | | 2.19bargaining agreement with a bona fide building and construction trades labor organization |
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| 50 | 50 | | 2.20that has established itself as the collective bargaining representative for the affected building |
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| 51 | 51 | | 2.21and construction industry employees, provided that for such waiver to be valid, it shall |
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| 52 | 52 | | 2.22explicitly reference sections 181.9445 to 181.9448 and clearly and unambiguously waive |
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| 53 | 53 | | 2.23application of those sections to such employees. Notwithstanding any law to the contrary, |
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| 54 | 54 | | 2.24a construction contractor that has not reached or is not eligible for a waiver agreement with |
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| 55 | 55 | | 2.25its employees for the provision of earned sick and safe time as allowed under this paragraph |
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| 56 | 56 | | 2.26may include the cost of that benefit, if provided, in the construction contractor's prevailing |
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| 57 | 57 | | 2.27wage calculation under section 177.42, subdivision 6. |
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| 58 | 58 | | 2.28 (g) The requirements of section 181.9447, subdivision 3, may be waived for paid leave |
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| 59 | 59 | | 2.29made available to an employee by an employer for absences from work in excess of the |
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| 60 | 60 | | 2.30minimum amount required in section 181.9446 through a collective bargaining agreement |
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| 61 | 61 | | 2.31with a labor organization that has established itself as the collective bargaining representative |
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| 62 | 62 | | 2.32for the employees, provided that for such waiver to be valid, it shall explicitly reference |
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| 63 | 63 | | 2.33section 181.9447, subdivision 3, and clearly and unambiguously waive application of that |
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| 64 | 64 | | 2.34subdivision to such employees. |
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| 65 | 65 | | 2Section 1. |
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| 66 | 66 | | 25-02968 as introduced02/05/25 REVISOR SS/AD 3.1 (h) An individual provider, as defined in section 256B.0711, subdivision 1, paragraph |
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| 67 | 67 | | 3.2(d), who provides services through a consumer support grant under section 256.476, |
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| 68 | 68 | | 3.3consumer-directed community supports under section 256B.4911, or community first services |
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| 69 | 69 | | 3.4and supports under section 256B.85, to a family member who is a participant, as defined |
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| 70 | 70 | | 3.5in section 256B.0711, subdivision 1, paragraph (e), may individually waive the provisions |
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| 71 | 71 | | 3.6of sections 181.9445 to 181.9448 for the remainder of the participant's service plan year, |
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| 72 | 72 | | 3.7provided that the funds are returned to the participant's budget. Once an individual provider |
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| 73 | 73 | | 3.8has waived the provisions of sections 181.9445 to 181.9448, they may not accrue earned |
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| 74 | 74 | | 3.9sick and safe time until the start of the participant's next service plan year. |
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| 75 | 75 | | 3.10 (i) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy |
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| 76 | 76 | | 3.11whereby employees may donate unused accrued sick and safe time to another employee. |
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| 77 | 77 | | 3.12 (j) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and |
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| 78 | 78 | | 3.13safe time to an employee before accrual by the employee. |
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| 79 | 79 | | 3Section 1. |
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| 80 | 80 | | 25-02968 as introduced02/05/25 REVISOR SS/AD |
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