.................... moves to amend H.F. No. 463 as follows:
Page 1, line 8, before "An
" insert "(a)
Page 1, after line 17, insert:
"(b) The leave shall begin at a time requested by the employee, up to three years
1.5after the birth of the child.
1.6(c) An employer shall not retaliate against an employee for requesting or obtaining a
1.7leave of absence as provided by this section.
1.8(d) The employer must continue to make coverage available to the employee while on
1.9leave of absence under any group insurance policy, group subscriber contract, or health care
1.10plan for the employee and any dependents. Nothing in this section requires the employer
1.11to pay the costs of the insurance or health care while the employee is on leave of absence.
Page 1, lines 18 and 23, after "must
" insert ", unless doing so would impose undue
Page 2, after line 4, insert:
"Subd. 4. Demonstration of undue hardship. The burden to demonstrate that an
1.16accommodation or transfer required under subdivision 2 or 3 would impose an undue
1.17hardship on the business or organization lies with the employer. In determining whether
1.18an accommodation or transfer would impose an undue hardship on the operations of an
1.19employer, factors to be considered include:
1.20(1) the overall size of the business or organization with respect to the number of
1.21employees or members and the number and type of facilities;
1.22(2) the type of the operation, including the composition and structure of the work
1.23force, and the number of employees at the location where the employment would occur;
1.24(3) the nature and cost of the needed accommodation;
1.25(4) the reasonable ability to finance the accommodation at each site of business; and
2.1(5) documented good-faith efforts to explore less restrictive or less expensive
2.2alternatives, including consultation with the employee seeking accommodation or with
2.3persons or organizations knowledgeable in accommodating pregnant workers.
Page 2, line 5, delete "4
" and insert "5
Page 2, line 15, reinstate the stricken "or" and delete ", or 181.9414
Page 2, after line 23, insert:
"Sec. 3. Minnesota Statutes 2012, section 181.943, is amended to read:
2.8181.943 RELATIONSHIP TO OTHER LEAVE.
(a) The length of parental leave provided under section
may be reduced
by any period of paid parental or disability leave, but not accrued sick leave, provided
by the employer, so that the total leave does not exceed six weeks, unless agreed to by
2.13(b) The length of leave provided to a disabled pregnant employee under section
2.14181.9414 may be reduced by any period of paid disability leave, but not paid parental
2.15leave or accrued sick leave, provided by the employer.
2.16(c) The length of leave provided by section 181.941 is independent of the length of
2.17leave provided by section 181.9414, and the period of leave provided by one section shall
2.18not be reduced by any period of leave provided under the other.
Nothing in sections
prevents any employer from
providing leave benefits in addition to those provided in sections
otherwise affects an employee's rights with respect to any other employment benefit."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly