Minnesota’s Earned Sick and Safe Time (ESST) law, effective January 1, 2024, mandates employers to provide paid leave to employees working within the state. Understanding How Much Law dictates regarding leave accrual, usage, and employer responsibilities is crucial for both employers and employees.
What is Sick and Safe Time?
Sick and safe time is paid leave that Minnesota employers are now required to provide. This time can be used for various reasons, including:
- An employee’s mental or physical illness, treatment, or preventative care.
- Caring for a sick family member.
- Seeking assistance related to domestic abuse, sexual assault, or stalking experienced by the employee or a family member.
Alt text: Graphic illustrating benefits of earned sick and safe time, including doctor’s visit, mental health support, and family care.
This law ensures employees don’t have to choose between their health or safety and their paycheck. The Minnesota Paid Leave program complements ESST, offering longer-term leave options.
Who is Eligible for ESST?
An employee is eligible for sick and safe time if they meet the following criteria:
- They are anticipated to work at least 80 hours in a year for an employer in Minnesota.
- They are not an independent contractor.
It’s important to consult the FAQ for limited eligibility exceptions to understand specific scenarios.
How Much Sick and Safe Time Can Employees Earn?
This is a key question when understanding how much law impacts your workplace. Under the ESST law:
- An employee earns one hour of sick and safe time for every 30 hours worked.
- Employees can earn a maximum of 48 hours each year, unless the employer chooses to offer a higher amount.
At What Rate Must Sick and Safe Time Be Paid?
Sick and safe time must be paid at the same base rate an employee earns when they are working. This ensures employees receive their regular wage while utilizing their earned leave.
What Can Sick and Safe Time Be Used For?
Employees can utilize their earned sick and safe time for a wide range of reasons, including:
- The employee’s mental or physical illness, treatment, or preventative care.
- A family member’s mental or physical illness, treatment, or preventative care.
- Absence due to domestic abuse, sexual assault, or stalking of the employee or a family member.
- Closure of the employee’s workplace or a family member’s school/care facility due to weather or public emergency.
- When a health authority or healthcare professional determines the employee or a family member is at risk of infecting others with a communicable disease.
- Funeral arrangements, attending services, or addressing legal/financial matters after a family member’s death.
Alt text: Illustration depicting an employee using sick time for rest and recovery at home.
Which Family Members Are Included Under ESST?
Understanding how much law protects employees extends to defining eligible family members. Employees may use earned sick and safe time for the following family members:
- Their child (including foster, adult, ward, or those the employee stands in loco parentis).
- Their spouse or registered domestic partner.
- Their sibling, stepsibling, or foster sibling.
- Their biological, adoptive, or foster parent (or a person who stood in loco parentis when the employee was a minor).
- Their grandchild, foster grandchild, or step-grandchild.
- Their grandparent or step-grandparent.
- A child of a sibling of the employee.
- A sibling of the parents of the employee.
- A child-in-law or sibling-in-law.
- Any of the family members listed in 1 through 9 above of an employee’s spouse or registered domestic partner.
- Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.
- Up to one individual annually designated by the employee.
What Additional ESST Responsibilities Do Employers Have?
Beyond providing paid leave based on hours worked, employers have other responsibilities, including:
- Providing employees with the total number of earned and used sick and safe time hours at the end of each pay period.
- Providing employees with a notice by January 1, 2024 (or at the start of employment) informing them about earned sick and safe time, in English and the employee’s primary language (if not English).
- Including a sick and safe time notice in the employee handbook, if one exists.
The Minnesota Department of Labor and Industry (DLI) offers a uniform employee notice for employers to use, available in multiple languages.
Sick and Safe Time Local Ordinances
It’s important to note that local ordinances regarding earned sick and safe time exist in Bloomington, Minneapolis, and St. Paul, Minnesota. Employers must adhere to the requirements most favorable to their employees, whether state or local.
Conclusion
Understanding how much law dictates regarding Minnesota’s ESST is crucial for compliance. Employers must provide paid leave, track accrual, and inform employees of their rights. Employees should understand their eligibility and how they can utilize this benefit to care for themselves and their families. For further questions or clarification, contact the Minnesota DLI.
Contact Information:
- 651-284-5075
- [email protected]
The DLI also offers language translation services for limited-English speakers.
