Emergency Law Inventory | Full Law Text

Law Number

Minn. Stat. 43A.185

Summary Title

Workers' Benefits: State Employee Volunteer Leave


A state employee, who is a certified disaster service volunteer of the American Red Cross, is entitled to leave with regular pay and without loss to seniority, pay, vacation time, sick leave, or earned overtime accumulation to participate in disaster relief operations upon request of the American Red Cross and with the approval of the employing agency. During leave, the employee will not be considered a state employee for the purposes of workers' compensation. This is limited to 15 work days in a 12 month period either consecutively or nonconsecutively .

Full Title

Disaster volunteer leave

Full Text

Subdivision 1. Leave authorized. — A state employee who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with 100 percent of pay, not to exceed 15 working days in each year, to participate in specialized disaster relief services for the American Red Cross. The employee must be released from work for this function upon the request of the American Red Cross for the services of that employee, and upon the approval of that employee’s appointing authority. The appointing authority shall compensate the employee granted leave under this section at 100 percent of the employee’s regular rate of pay for those regular hours during which the employee is absent from work. This leave, if granted by the appointing authority, may not affect the employee’s vacation leave, pension, compensatory time, personal vacation days, sick leave, earned overtime accumulation, or cause a loss of seniority. Subd. 2. Liability. — The state is not liable for workers’ compensation claims arising from accident or injury while a state employee is on assignment as a certified disaster service volunteer for the American Red Cross. Duties performed while on disaster leave are not considered to be a work assignment by a state agency. The employee is granted leave based on the need for expertise in the employee’s certified area. Job functions, although similar or related to the employee’s state job functions, are performed on behalf of and for the benefit of the American Red Cross.