In case you’ve missed it, things are happening at the Minnesota Legislature. Despite fears of Minnesotans consuming the world’s largest joints, recreational marijuana will soon be legal for consumption and growth (and most importantly, tax revenue). Additional changes are on the horizon for public employers, as well (hopefully without us having to negotiate staffing for our organizations). But a significant step has been taken towards paid family and medical leave in the state, and this time there may be the votes in the Senate necessary to seal the deal.
As in previous iterations, the bill calls for a state-run insurance program that would provide employees up to 24 weeks of paid leave each year for family or medical purposes. Under the program, applicants can receive a percentage of their wages, based on their relation to the state’s average weekly wage, for up to 18 weeks due to the employee’s or employee’s family member’s serious health condition, pregnancy, safety concerns, or qualifying exigency. Applicants can also receive up to an additional six weeks of benefits for leave related to pregnancy recovery or complications arising from a pregnancy.
Similar to Family and Medical Leave, employees with sufficient service history are eligible for benefits after providing certification to the state’s benefit system for the various reasons for leave. In addition, employees may use vacation pay, sick pay, PTO or disability insurance payments in lieu of the family or medical leave program benefits, as long as they are eligible.
Only 90 days from the date of hire, employees have “a right to leave from employment for any day, or portion of a day” for a leave under the statute, as long as they have applied for the benefits and certified their need for the leave. Leave may be taken consecutively, or on an intermittent schedule, as long as paperwork is provided justifying the need for the reduced schedule or intermittent leave.
Like FMLA, the statute provides protection for the employees against retaliation, and employers may not interfere or impede an application for leave or benefits or the exercise of any rights under the statute. In addition, employers may not enter into an agreement with their employees to waive any rights to leave under the statute. Employees are entitled to continued insurance payments from their employers, and to reinstatement to a same or similar position.
However, employers are not resigned to being subject to the rules of the state’s plan – they can create their own, better (or equivalent) plan! Employers who are willing to take on the task of creating their own weekly benefit program for employees out on leave have the option of opting out of their payments into the state’s program as long as the benefits they provide meet the minimum standards of the statute.
The House plan also includes an option for self-employed individuals or independent contractors to be eligible for and pay in to the state program in order to receive the benefits.
There are significant administrative requirements for employers, and, if a similar bill passes the Minnesota Senate, employers will need to make a thorough review of the law to ensure they are in compliance with all of the requirements. It is highly recommended you be in close contact with your employment and benefits attorney to discuss your obligations under the Act. If you, or your organization need assistance with compliance with any of Minnesota’s new laws pertaining to employees, contact Wiley Reber Law, for legal advice that works.