Read the full stored bill text
A bill for an act
relating to employment; modifying the definition of "seasonal employee" under
the Minnesota Paid Leave Law; amending Minnesota Statutes 2024, sections
268B.01, subdivision 35; 268B.06, subdivision 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 268B.01, subdivision 35, is amended to read:
Subd. 35.
Seasonal employee.
(a) A seasonal employee is an individual who is employed
for no more than
deleted text begin
150
deleted text end
new text begin
180
new text end
days during any consecutive 52-week period
deleted text begin
in hospitality
deleted text end
by an
employer whose average receipts during any six months of the preceding calendar year
were not more than 33 percent of its average receipts for the other six months of such year.
deleted text begin
(b) For the purposes of this section, "hospitality" has the meaning given under the
collective definitions in section
157.15, subdivisions 4
to 9 and 11 to 14.
deleted text end
deleted text begin
(c)
deleted text end
new text begin
(b)
new text end
For an individual to be classified as a seasonal employee, an employer must apply
to the department in a format and manner prescribed by the commissioner and certify that:
(1) the employee meets or will meet the
deleted text begin
150-day
deleted text end
new text begin
180-day
new text end
maximum employment duration
under this subdivision;
deleted text begin
(2) the employee's primary line of work is hospitality;
deleted text end
deleted text begin
(3)
deleted text end
new text begin
(2)
new text end
the employer meets the receipts threshold under this subdivision; and
deleted text begin
(4)
deleted text end
new text begin
(3)
new text end
the employer has provided the required employee notice required under section
268B.26
.
deleted text begin
(d)
deleted text end
new text begin
(c)
new text end
An employer must notify the department, in a format and manner prescribed by
the commissioner, within five business days if a previously classified seasonal employee
no longer meets the criteria above and is no longer a seasonal employee.
Sec. 2.
Minnesota Statutes 2024, section 268B.06, subdivision 9, is amended to read:
Subd. 9.
Seasonal employment denial.
(a) An applicant is not eligible to receive benefits
or take protected leave under the provisions of this chapter for any week the applicant is a
seasonal employee as defined in section
268B.01, subdivision 35
.
(b) If benefits are denied to any applicant under paragraph (a) who remains employed
more than
deleted text begin
150
deleted text end
new text begin
180
new text end
days, the applicant is only entitled to benefits beginning the Sunday
following the completion of the
deleted text begin
150-day
deleted text end
new text begin
180-day
new text end
period.