HF4708
Commissioner disallowed to consider an employer reporting of fraud as retaliation.
Legislative Session 94 (2025-2026)
Related bill: SF4607
AI Generated Summary
Purpose
- Clarify how employers’ reports about possible fraud related to paid leave benefits are treated under Minnesota law. The bill aims to protect legitimate, good-faith employer reports from being counted as retaliation, while making sure that false or knowingly dishonest reports can be treated as retaliation.
Main provisions
- Adds a new subdivision (Subd. 9) to Minnesota Statutes 2024 section 268B.09, titled “Reporting fraud by employer.”
- Key rule: If an employer makes a good-faith report to the commissioner or to law enforcement claiming that a covered individual committed fraud in connection with applying for or using paid leave benefits, that report must not be considered retaliation or interference under this statute.
- Key rule: If an employer intentionally makes an inaccurate or false report of fraud, that report is considered retaliation or interference under this statute.
Significant changes to existing law
- Establishes a clear distinction between good-faith fraud reports (protected from being treated as retaliation) and knowingly false reports (treated as retaliation).
- Applies specifically to fraud connected to the application for or use of paid leave benefits.
- Adding this safeguard to the existing retaliation framework under 268B.09 clarifies employer rights and responsibilities when reporting suspected fraud.
What this means in practice
- Employers may report suspected fraud about paid leave benefits without fearing that a good-faith report will be treated as retaliation.
- Employers that file false or intentionally misleading fraud reports could face consequences under the retaliation/interference provisions.
Potential impacts
- For employers: Encourages reporting of suspected fraud when done in good faith.
- For employees/covered individuals: Provides stronger protection against claims of retaliation when a report is made in good faith; creates potential penalties for knowingly false reports.
Relevant Terms
- paid leave benefits
- covered individual
- fraud
- good faith report
- intentionally inaccurate report
- retaliation or interference
- employer
- commissioner
- law enforcement
- Minnesota Statutes 2024 section 268B.09
- Subd.9 Reporting fraud by employer
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 25, 2026 | House | Action | Introduction and first reading, referred to | Workforce, Labor, and Economic Development Finance and Policy |
Citations
[
{
"analysis": {
"added": [
"Adds Subd. 9 to MN Statutes 2024 § 268B.09 to provide a safe harbor for good-faith fraud reports by employers concerning paid leave benefits.",
"Specifies that intentionally inaccurate fraud reports by employers constitute retaliation or interference."
],
"removed": [],
"summary": "This bill adds Subd. 9 to Minnesota Statutes 2024 section 268B.09, establishing that an employer's good-faith report of fraud related to paid leave benefits is not considered retaliation or interference, while an intentionally inaccurate report of fraud is retaliation or interference.",
"modified": [
"Minnesota Statutes 2024 § 268B.09 amended by the addition of Subd. 9."
]
},
"citation": "268B.09",
"subdivision": "Subd. 9"
}
]Progress through the legislative process
In Committee