We’ve already discussed many of the changes to Minnesota labor and employment laws from the most recent legislative session. Some of those changes have already gone into effect, while others are set to take place very soon. Here’s a rundown of the laws set to change on August 1.
Effective August 1, employers may now utilize oral fluid testing while conducting drug, alcohol or cannabis testing for job applicants. This provides another option for drug testing that may be more effective at detecting recent drug use, as opposed to urine testing, which can detect drug use going back a number of weeks. Employers should update their drug and alcohol testing policies prior to implementing any changes, in order to conform with the requirements of the Drug and Alcohol in the Workplace Testing Act (DATWA).
In addition, two laws having to do with prenatal care and parental leave for employees are effective August 1. First, as you’re aware, employers must work with pregnant employees to provide accommodations during the course of the employee’s pregnancy. This can include the allowance of unpaid leave. Employers will now be required to continue paying the employer share of the premium towards health insurance while the employee is out on leave, even if the employee is not eligible for Family and Medical Leave Act (FMLA) protection.
Second, the Minnesota’s parental leave law provides employees with up to twelve weeks of leave during and after an employee’s pregnancy and requires employers to maintain their contributions towards employee health insurance, even if the employee does not qualify for FMLA. That law was updated to state that any paid or unpaid leave taken for prenatal care medical appointments does not reduce the amount of leave available for employees due to pregnancy or the birth of a child. Any unpaid leave policies should be reviewed to ensure that employers are not reducing the statutorily guaranteed benefit due to prenatal care.
Finally, employers will be required to retain earnings statements for each employee for each pay period. Remind your payroll divisions to continue to follow recordkeeping requirements!
It is important that you check your policies to ensure you’re in compliance. If you, or your organization, need assistance with updating your employment policies, contact Wiley Reber Law, for legal advice that works.