Earned Sick and Safe Time

Commencing January 1, 2024, Minnesota businesses had to provide earned sick and safe leave (ESST) to its employees. Prior to January 1, 2024, employers had to provide notice to its employees as to its ESST policy. In the 2024 legislative session, the Minnesota legislature made several changes (this article is not comprehensive) to the ESST law. Therefore, if you have not modified your policy since the 2024 legislative session, you are most likely not in compliance with the law.

Covered Employees: ESST must be provided to employees who are anticipated to work for an employer in Minnesota for at least 80 hours in a year. In addition, ESST does not apply to certain groups: federal employees, volunteer or paid on-call firefighters, volunteer ambulance attendants, paid-on-call ambulance service personnel, elected officials, individuals appointed to fill vacancies in elected offices, individuals employed by a farmer, family farm, or family farm corporation who work for 28 days or less per year, and building and construction industry employees who are represented by a building and construction trades labor organization if a valid waiver of ESST is provided in the collective bargaining agreement. Moreover, certain family caregivers can waive their ESST rights and if they waive their ESST rights they are not subject to ESST.

Impact of Death: ESST can now be used by an employee if they need to make arrangements for a funeral or memorial service, attend a funeral or memorial service or to address financial or legal matters that arise after the death of a family member.

Documentation: An employer may require reasonable documentation when an employee uses ESST for more than three consecutive scheduled work days. However, for those absences related to domestic abuse, sexual assault or stalking “…if documentation cannot be obtained in a reasonable time or without added expense, then reasonable documentation for the purpose of this paragraph may include a written statement from the employee indicating that the employee is using or used earned sick and safe time for a qualifying purpose covered…” by the law.

Increment of Time Used: An employee may use ESST in the same increment of time for which they are paid. However, employers now can require that the use be a minimum of 15 minutes. So, if an employee is paid in 10-minute increments, the employer can require that the use be a minimum of 15 minutes. The employer cannot require use in more than four-hour increments.

Commission, Piecework or Any Other Basis Other Than Hourly or Salary: For an employee paid solely on a commission, piecework or any other basis other than hourly or salary, an employee must be paid for ESST no less than the applicable local, state or federal minimum wage, whichever is greater.

Multiple Hourly Rates: If an employee receives multiple hourly rates (e.g., one rate for the overnight shift and another rate for the day shift), the employee must be paid the same hourly rate that the employee would have been paid for the time they used ESST.

Double Damages: An employer who fails to provide or allow ESST use is liable for the amount that was not provided or allowed, plus an equal amount as liquidated damages. If the exact amount of ESST is unclear, then employers are liable for 48 hours each year ESST was not provided, plus an equal amount as liquidated damages.

Spangler and de Stefano, PLLP advises businesses on its obligations under ESST and any applicable ordinance.

The material contained herein is for informational purposes only, and is not intended to create or constitute an attorney-client relationship between Spangler and de Stefano, PLLP and the reader. The information contained herein is not offered as legal advice and should not be construed as legal advice.