HF3499 (Legislative Session 94 (2025-2026))
Firefighters exempted from the Minnesota Paid Leave Law.
Related bill: SF4127
AI Generated Summary
Purpose
This bill changes who is covered by Minnesota’s Paid Leave Law, specifically exempting paid on-call firefighters from the law’s protections. It also creates a path for some previously excluded employers to opt into coverage and gives the state commissioner authority to set further rules about who counts as covered employment and who is considered an employee.
Main Provisions
- Covered employment definitions:
- Covered employment means performing services of any kind for wages or under a contract, without regard to traditional master/servant relationships.
- For purposes of the law, a worker is considered to have all of their employment during the year if most of their work occurs in Minnesota, or if most work occurs outside Minnesota (in many states or territories) but the worker lives in Minnesota for most of the year.
- Exclusions from covered employment:
- Self-employed individuals.
- Independent contractors.
- Seasonal employees.
- Paid on-call firefighters.
- Optional coverage (opt-in):
- Entities that are currently excluded may choose to opt into coverage following a procedure set by the commissioner. If they opt in, the services of their employees become covered employment.
- Rulemaking authority:
- The commissioner may adopt rules to define how this subdivision applies and to establish criteria for covered employment for workers who don’t meet the standard criteria but are still employees of a Minnesota employer.
- Employee definitions (Sec. 2):
- Employee is someone who performs services for an employer.
- Employees do not include: U.S. government employees, self-employed individuals, independent contractors, seasonal employees, or paid on-call firefighters.
Significant Changes to Existing Law
- Paid on-call firefighters are explicitly removed from being considered employees under the Minnesota Paid Leave Law.
- Paid on-call firefighter work is no longer automatically counted as covered employment unless the employer opts in.
- An opt-in mechanism is created for certain employers who want to provide paid leave coverage to their employees.
- The commissioner gains expanded rulemaking authority to clarify who is covered and how coverage applies to edge cases.
Implications to Note
- Firefighters who are paid on-call may not receive paid leave protections unless their employer chooses to opt in to coverage.
- Employers can decide to extend paid leave protections by opting in.
- Coverage status for workers may vary based on location of work, employer status, and opt-in decisions, as well as future rules.
Relevant Terms - Covered employment - Employee - Paid on-call firefighter - Minnesota Paid Leave Law - Minnesota Statutes 2024 section 268B.01 subdivisions 15 and 17 - Opt in to coverage - Rulemaking (chapter 14) - Self-employed - Independent contractor - Seasonal employee
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 19, 2026 | House | Action | Introduction and first reading, referred to | Workforce, Labor, and Economic Development Finance and Policy |
Citations
[
{
"analysis": {
"added": [
"Explicit exclusion of paid on-call firefighters from 'covered employment'.",
"Authority for the commissioner to adopt rules to further define the application of subdivision 15 (rulemaking under chapter 14)."
],
"removed": [
"Explicit inclusion of paid on-call firefighters in 'covered employment' is removed."
],
"summary": "This bill amends Minnesota Statutes 2024 section 268B.01, subdivision 15 to redefine 'covered employment' under the Minnesota Paid Leave Law, including an explicit carve-out for paid on-call firefighters.",
"modified": [
"Definition of 'covered employment' is revised to reflect exclusions (paid on-call firefighters) and to clarify coverage criteria (e.g., threshold-related presence in Minnesota).",
"Provision enabling entities that are otherwise excluded to opt in to coverage via commissioner rules."
]
},
"citation": "268B.01, subd. 15",
"subdivision": "subd. 15"
},
{
"analysis": {
"added": [
"Paid on-call firefighters are expressly excluded from the 'Employee' definition."
],
"removed": [
"Paid on-call firefighters were previously included in the 'Employee' definition."
],
"summary": "This bill amends Minnesota Statutes 2024 section 268B.01, subdivision 17 to exclude paid on-call firefighters from the 'Employee' definition for purposes of the Minnesota Paid Leave Law.",
"modified": [
"The 'Employee' definition is modified to ensure paid on-call firefighters are not treated as employees under MPL."
]
},
"citation": "268B.01, subd. 17",
"subdivision": "subd. 17"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references seasonal employee as defined in subdivision 35, used to determine eligibility or exclusion under the MPL. This cross-reference aligns with the exclusions for certain workers.",
"modified": [
"Cross-reference to subdivision 35 is maintained to define seasonal employees for purposes of the exemptions."
]
},
"citation": "268B.01, subd. 35",
"subdivision": "subd. 35"
},
{
"analysis": {
"added": [
"Rulemaking authority under chapter 14 to further define 'covered employment' and establish criteria for exceptions."
],
"removed": [],
"summary": "Authorizes the commissioner to adopt rules under Minnesota Statutes Chapter 14 to further define the application of subdivision 15 and to establish criteria for covered employment for individuals who do not meet the criteria in paragraphs a and b but perform services as an employee for a Minnesota employer.",
"modified": []
},
"citation": "Minn. Stat. ch. 14",
"subdivision": ""
}
]Progress through the legislative process
In Committee