Minnesota has adopted new rules implementing its Earned Sick and Safe Time (ESST) law, covering eligibility, accrual, use, documentation, incentives, and related policy requirements.
Background
ESST is paid leave that eligible employees can use for their own illness, to care for a family member, or to seek help related to domestic abuse, sexual assault, or stalking. In general, the law applies to employers with at least one employee.
New Rules
Here are the key ESST provisions in the new rules.
Employee Eligibility
Employees qualify for ESST if they’re expected to work at least 80 hours in Minnesota in a year. The new rules require employers to make that determination in good faith based on anticipated schedule and work location, and ESST must be provided to employees expected to meet, or who do meet, that threshold.
Accrual Years
Under Minnesota’s ESST law, employees begin accruing one hour of leave for every 30 hours worked, up to 48 hours per year unless the employer offers more. Employers must clearly define and communicate the 12-month accrual year, or the calendar year applies by default.
How to Credit Accrual, Increments
Employees generally earn one hour of ESST for every 30 hours worked. Under the new rules, that time must be credited each pay period by the regular payday, and employers are not required to credit ESST in increments smaller than one hour.
Use
The new rules confirm that using ESST for a qualifying reason is the employee’s choice, and employers cannot require it. If an employee chooses not to use ESST, that absence is not protected under the ESST law, though other laws may still apply.
Incentives
Employers cannot count ESST use against employees under attendance policies. However, incentives tied to specific goals, like hours worked, sales, or perfect attendance, may still be denied if those goals are missed due to ESST use, unless the same incentive is paid during other types of leave.
Reasonable Documentation
Employers may require documentation for ESST used beyond two consecutive scheduled workdays. The new rules clarify that documentation requirements must be clearly communicated, employees must have a reasonable time to respond, and leave may lose ESST protection if required documentation is not provided.
More Generous Sick and Safe Time Policies
The ESST law allows employers to offer leave policies that meet or exceed its standards. The new rules clarify that excess PTO or paid leave is subject to certain ESST requirements only when used for a qualifying reason, and Minnesota Paid Leave remains excluded.
Next Steps for Employers
The new rules also address issues like indeterminate shifts and ESST misuse, and Minnesota has released FAQs for added guidance. Employers should review both carefully and consult legal counsel if needed. Download the bulletin for more details.
