Purpose

• To exempt elected officials from the Minnesota Paid Leave Law. The bill adjusts who is considered “covered employment” and who is an “employee,” and adds a pathway for certain excluded entities to opt into coverage. It also gives the state’s commissioner authority to set and clarify rules about how coverage is applied.

Main Provisions

• Covered employment definitions (Sec. 1, Subd. 15)

  • Establishes a broad definition of covered employment as performing services for wages or under any contract.
  • Applies a calendar-year test: coverage depends on where most work is done or where the employee lives, with a 50% rule regarding work performed in Minnesota vs. other places.
  • Explicitly excludes certain workers from covered employment:
  • Self-employed individuals
  • Independent contractors
  • Seasonal employees
  • Employment by the state or a political subdivision as an elected official, a member of a legislative body, or a member of the judiciary (these roles are not considered covered employment).
  • Allows entities that are excluded to opt in to coverage through a procedure set by the commissioner; if they opt in, their employees become covered employment.
  • The commissioner can adopt rules to further define the application of this subdivision and to establish criteria for those who do not meet the basic criteria but still perform services as Minnesota employers’ employees.

• Employee definitions (Sec. 2, Subd. 17)

  • Defines an employee as someone who performs services for an employer.
  • Excludes:
  • Employees of the United States
  • Self-employed individuals
  • Independent contractors
  • Seasonal employees (as defined elsewhere)
  • Employees who are elected officials, members of a legislative body, or members of the judiciary at the state or political subdivision level

Significant Changes to Existing Law

• Explicit exemption of elected officials and certain government roles from the Minnesota Paid Leave Law by redefining “covered employment” and “employee.”
• Introduction of an opt-in mechanism for entities that are currently excluded, allowing them to elect to provide paid leave coverage for their employees.
• Authority for the commissioner to issue implementing rules and further definitions to carry out these changes.

Implementation Notes

• The bill preserves the broad policy framework of the Paid Leave Law for most workers but carves out specific public officials and officers from coverage.
• The opt-in option means coverage could still apply to some public-sector or related entities if they choose to participate.
• Rulemaking authority is provided to clarify and expand how coverage is determined in edge cases.

Relevant terms - Minnesota Paid Leave Law - covered employment - employee - elected official - state - political subdivision - legislative body - judiciary - self-employed - independent contractor - seasonal employee - opt in / opt-in - commissioner - rules - calendar year - residency - 50 percent rule - Minnesota employer - United States employee