3) Employers must allow up to 10 working days of unpaid leave for employees, independent contractors, and those working for independent contractors for compensation when a parent, child, grandparent, sibling or spouse has been injured or killed while engaged in active service of the U.S. Armed Forces. Finally, Minn. Stat. § 192.261 prohibits employers from asking an applicant for employment if he or she is a member of the National Guard or a reserve component of the U.S. Armed Forces and from requesting any type of oral or written statement concerning that status. Note: Also refer to our publication Employing Servicemembers: What You Should Know About USERRA . The publication is available without charge from the Small Business Assistance Office. Jury Service Under Minnesota law an employer cannot deprive an employee of employment, or threaten or coerce an employee with respect to his or her employment, because the employee is called for, or responds to, a summons for jury service. An employer who violates the statute may be found guilty of criminal contempt and fined up to $700 or imprisoned up to six months or both. If the employer discharges an employee because he or she is called for or responds to a summons for jury service, the employee may bring a civil action for recovery of lost wages and reinstatement. The civil action must be brought within 30 days of the discharge. Recoverable damages cannot exceed lost wages for six weeks. An employee who prevails in the civil action may be allowed reasonable attorney fees. Minnesota law does not require an employer to pay the employee during the period of jury service unless salaried. Election Judge An employee must be given paid time off to serve as an election judge. The employee must give 20 days’ written notice. The employer may reduce the pay by the amount paid to the election judge by the appointing authority. The paid time off requirement applies to all state elections unless otherwise provided by law. Time Off to Vote Employers must allow their employees who are eligible to vote at a regularly scheduled state primary or general election; an election to fill a vacancy in the office of United States senator or United States representative; and a presidential primary election, to be absent from work for the purpose of voting at any time during his or her scheduled hours, without penalty or deduction from salary or wages because of the absence. Political Convention Leave An employee who is a member of the state central committee or executive committee of a major political party, or who is a delegate to a political convention, is entitled to an unpaid leave to attend a meeting of the committee or attend the convention. Employees must provide ten day’s written notice to the employer.
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