Information in this article is taken directly from the Minnesota Department of Labor and Industry (DLI) website. CLICK HERE to go directly to the DLI website for more details, examples and information.
When did Minnesota's Earned Sick & Safe Time (ESST) law go into effect?
It went into effect Jan. 1, 2024.
What is Minnesota’s ESST law?
Minnesota’s earned sick and safe time law requires employers to provide paid leave to employees who work in the state. An employee is anyone who works at least 80 hours in a year for an employer in Minnesota but does not include independent contractors. Temporary and part-time employees are covered under the law.
Employers must provide each employee in Minnesota with one hour of ESST for every 30 hours worked, with the ability to accumulate at least 48 hours of ESST each year. An employer’s existing leave policy, such as PTO, may already meet Minnesota’s ESST requirements.
What can ESST be used for?
Employees can use their earned sick and safe time for reasons such as:
- the employee’s mental or physical illness, treatment or preventive care;
- a family member’s mental or physical illness, treatment or preventive care;
- absence due to domestic abuse, sexual assault or stalking of the employee or a family member;
- closure of the employee’s workplace due to weather or public emergency or closure of a family member’s school or care facility due to weather or public emergency; and
- when determined by a health authority or health care professional that the employee or a family member is at risk of infecting others with a communicable disease.
Which family members can an employee use ESST for?
Employees may use earned sick and safe time for the following family members:
- their child, including foster child, adult child, legal ward, child for whom the employee is legal guardian or child to whom the employee stands or stood in loco parentis (in place of a parent);
- their spouse or registered domestic partner;
- their sibling, stepsibling or foster sibling;
- their biological, adoptive or foster parent, stepparent or a person who stood in loco parentis (in place of a parent) when the employee was a minor child;
- 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 (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; and
- up to one individual annually designated by the employee.
What ESST responsibilities does an employer have if they already provide leave?
A paid time off (PTO) plan or other type of paid leave (including sick or vacation time) can satisfy the ESST law if the plan meets Minnesota’s ESST requirements. Nothing prohibits an employer from providing more generous leave policies than the minimum required by the ESST law.
The name of the employer’s paid time off or other paid leave policy does not matter. It does not have to be called “earned sick and safe time” to meet the requirements of the law.
Is the state ESST law the same as the sick time ordinances in several Minnesota cities?
ESST local ordinances are in effect in the cities of Bloomington, Minneapolis and St. Paul and may vary from the requirements under state law. Employers are responsible for following the ESST requirements most favorable to their employees. In other words, employers must comply with the specific requirements of the state ESST law and the applicable local ESST ordinance that are most favorable to their employees. This may mean following some of the requirements of state ESST law and other requirements of the local ESST law.
Coverage
Who is not covered by Minnesota’s ESST law?
Federal employees and independent contractors are not covered under Minnesota’s ESST law. Certain individuals employed by an air carrier as a flight deck or cabin crew member are also not covered. The ESST law does not apply to building and construction industry employees who are represented by a building and construction trades labor organization if a valid waiver of these requirements is provided in a collective bargaining agreement.
Does the employee have to live in Minnesota to be covered by ESST?
Employees do not have to live in Minnesota to be eligible for ESST accrual but must work at least 80 hours in Minnesota in a year to be eligible; time worked in Minnesota will apply to ESST accrual. If an employer is based in Minnesota but has employees who work in another state, those out-of-state employees are not covered by Minnesota’s ESST law.
Do local governments need to provide ESST to volunteer firefighters, government committee members and others who may receive some financial contribution but work infrequently?
For the ESST law to apply, employers must meet the definition of “employer” and employees must meet the definition of “employee.” Under the law, employers include all types of government, except for the federal government. As long as an employee works for their employer, including state or local government, for at least 80 hours in a year, the employee qualifies for ESST. Employers who are unsure if an individual is covered under the ESST law may want to seek the assistance of an employment law attorney to determine if an employment relationship exists.
Do governmental units need to provide ESST to elected officials?
Only "employees" as defined in the ESST law must be provided ESST; elected officials are not considered employees under the ESST law.
Does ESST apply to building and construction industry employees?
Yes, but the requirements for ESST can be waived through a collective bargaining agreement with a bona fide building and construction trades labor organization. The waiver needs to reference the ESST law specifically to be considered valid.
If a building and construction trades labor organization represents employees of a non-building and construction trades employer (e.g., a manufacturer), can the parties negotiate an ESST waiver through collective bargaining?
No, the ESST law allows for a waiver that applies to building and construction industry employees.
The information provided here is taken directly from the MN Department of Labor website. Please go directly to the ESST Page on the MN Department of Labor website, or click the links below for specific information. You can also watch a video produced by the Dakota-Scott Workforce Development Board, that explains the law and how it might affect you and your business.
