(a)
are entitled to use accrued
as it is accrued.
(b) An
may use accrued s
for:
(1) An
:
(i) Mental or physical illness, injury, or other health condition;
(ii) Need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or
(iii) Need for preventive medical or health care;
(2) Care of a
:
(i) With a mental or physical illness, injury, or other health condition;
(ii) Who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition; or
(iii) Who needs preventive medical or health care;
(3) Absence due to
,
, or
of the
or
, provided the absence is to:
(i) Seek medical attention related to physical or psychological injury or disability caused by
,
, or
;
(ii) Obtain services from a victim services organization;
(iii) Obtain psychological or other counseling;
(iv) Seek relocation or take steps to secure an existing home due to
,
, or
; or
(v) Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from
,
, or
;
(4) Closure of the
place of business due to weather or other public emergency or an
need to care for a
whose school or place of care has been closed due to weather or other public emergency;
(5) The
inability to work or telework because the
is: (i) prohibited from working by the
due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or (ii) seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such
has been exposed to a communicable disease or the
has requested a test or diagnosis; and
(6) When it has been determined by the health authorities having jurisdiction or by a health care professional that the presence of the
or
of the
in the community would jeopardize the health of others because of the exposure of the
or
of the
to a communicable disease, whether or not the
or
has actually contracted the communicable disease.
(c) If the need for use is foreseeable, an
may require advance notice of the intention to use
, but in no case shall an
require more than seven days' advance notice. If the need is not foreseeable, an
may require an
to give notice of the need for
as soon as practicable.
(d) When an
uses earned
for more than three consecutive days, an
may require reasonable documentation that the earned
is pursuant to § 23.07(b).
(e) For earned
pursuant to § 23.07(b) (1), (2), (5), or (6), reasonable documentation may include a signed statement by a health care professional indicating the need for use of earned
. However, if the
or employee's
did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation for the purposes of this paragraph may include a written statement from the
indicating that the
is using or used earned
for a qualifying purpose pursuant to § 23.07(b) (1), (2), (5), or (6).
(f) For earned
pursuant to § 23.07(b)(3), an
must accept a court record or documentation signed by a volunteer or
of a victim services organization, an attorney, a police officer, or an antiviolence counselor as reasonable documentation.
(g) For earned
to care for a
pursuant to § 23.07(b)(4), an
must accept as reasonable documentation a written statement from the
indicating that the
is using or used earned
for a qualifying purpose as reasonable documentation.
(h) An
must not require disclosure of details relating to
,
, or
or the details of an employee's or an employee's family member's medical condition as related to an employee's request to use earned
pursuant to § 23.07.
(i) Written statements by an
may be written in the employee's first language and need not be notarized or in any particular format.
(j) An
may not require, as a condition of an employee's use of
, that the
seek or find a replacement worker to cover the hours during which the
uses
.
(k) An
must allow an
to use
in increments consistent with current payroll practices as defined by industry standards or existing
policies, provided such increment is not more than four hours.
(l) An
must compensate the
at the
for the hours the
was scheduled to work during the time the
uses their accrued
. In no case shall the
be compensated at a rate less than the rate requirement in M.S. § 177.24. Compensation is only required for hours that an
is scheduled to have worked.
(m) A
may only use
when the
has been scheduled to work. A
has not been scheduled to work for shifts for which the
chooses to call in and request a shift occurring within 24 hours, or for shifts for which the
has only been asked to remain available or on call, unless the
has been asked to remain on the employer's premises.
(n) An
may opt to satisfy the requirements of this article for construction industry employees by:
(1) Paying at least the
as defined by M.S. § 177.42 and as calculated by the Minnesota Department of Labor and Industry; or
(2) Paying at least the required rate established in a registered apprenticeship agreement for apprentices registered with the Minnesota Department of Labor and Industry.
An
electing this option shall be deemed in compliance with this article for construction industry employees who receive either at least the
or the rate required in the applicable apprenticeship agreement regardless of whether the employees are working on private or public projects.
(o) An
is only required to allow an
to use
that is accrued pursuant to this article when the
is scheduled to perform work within the geographic boundaries of the
. An
may allow use of accrued
when an
is scheduled to perform work for the
outside of the
.