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Ex. DUT-MN-003 Standing duty Primary source read

Minn. Stat. § 144.4196 (2020)

Employee Protection (isolation and quarantine)

Minnesota Legislature (Laws 2005, ch. 149, § 5; Laws 2018, ch. 167, §§ 2-3) · Minnesota (State)

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The record

Jurisdiction
Minnesota
Level
State
Authority
Minn. Stat. § 144.4196
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationStanding duty
Addressees
  • employers ('any person having one or more employees in Minnesota and includes the state and any political subdivision of the state')
Character
statutory duty
Collection
Standing duties: Minnesota DUT-MN

Operative words

An employer shall not discharge, discipline, threaten, or penalize a qualifying employee, or otherwise discriminate in the work terms, conditions, location, or privileges of the employee, because the employee: (1) has been in isolation or quarantine; or (2)(i) is not in isolation or quarantine, but has responsibility for the care of a person in isolation or quarantine

Penalty

Civil action by the employee within 180 days 'for recovery of lost wages or benefits, for reinstatement, or for other relief'; 'A qualifying employee who prevails shall be allowed reasonable attorney fees fixed by the court' (subd. 2(b)); absences beyond 21 workdays treated as serious illness for unemployment compensation (subd. 3).

What it required

Every Minnesota employer had to keep the job, terms and privileges of any employee who complied with isolation or quarantine for a communicable disease, including an employee who complied with 'a written recommendation of the commissioner or designee that the person enter isolation or quarantine', for up to 21 consecutive workdays per absence.

Retrieval note

Subd. 1 cl. (1)(iv) makes the duty attach when the employee complied with 'a written recommendation of the commissioner or designee that the person enter isolation or quarantine': an MDH quarantine recommendation therefore carried a binding statutory consequence for the employer. EO 20-54 (Ex. MN-020) recited 'the requirements of Minnesota Statutes 2019, section 144.4196' in extending protection to workers who stayed home under MDH or CDC guidance.