In a significant development for workers in the state, Minnesota has passed a new earned sick and safe time law, which mandates employers to provide paid leave to their employees.
This law, set to take effect on January 1, 2024, replaces the current sick and safe leave law, which remains in force until December 31, 2023.
Under the new regulations, employees in Minnesota will be entitled to paid sick and safe time for various reasons, including illness, care-giving for a sick family member, or seeking assistance in cases of domestic abuse, sexual assault, or stalking.
Eligibility Criteria for Sick and Safe Time
To qualify for sick and safe time, employees must work at least 80 hours in a year for a Minnesota employer and must not be classified as independent contractors.
Temporary and part-time employees are also eligible, with certain exemptions for building and construction industry workers under specific conditions outlined in collective bargaining agreements.
Accrual and Usage of Sick and Safe Time
Employees will accrue one hour of sick and safe time for every 30 hours worked, up to a maximum of 48 hours per year unless the employer agrees to a higher amount.
The earned time must be paid at the same hourly rate as the employee’s regular working hours.
Earned sick and safe time can be utilized for various purposes, including medical care, caregiving responsibilities, addressing domestic violence or emergencies, and instances where the employee or their family member poses a risk of infecting others with a communicable disease.
Covered Family Members
The new law allows employees to use their earned sick and safe time for a broad range of family members, including children, spouses, siblings, parents, grandparents, and other individuals with a close association equivalent to a family relationship.
Employer Responsibilities
Apart from providing paid leave, employers are required to:
- Include the total earned sick and safe time hours available and used on employee earnings statements.
- Issue a notice to employees by January 1, 2024, or at the start of their employment, detailing sick and safe time benefits in English and, if necessary, the employee’s primary language.
- Include a sick and safe time notice in the employee handbook if applicable.
The Minnesota Department of Labor and Industry has developed a uniform employee notice, available in the five most common languages spoken in Minnesota.
Existing Local Ordinances
Several cities in Minnesota, including Bloomington, Duluth, Minneapolis, and St. Paul, already have local earned sick and safe time ordinances.
When the state law takes effect in 2024, employers must adhere to the most protective regulations applicable to their employees.