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Minnesota and Others Paid Leave Ordinance

22 May

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Update Applicable to:Effective date
All covered employers with at least 1 worker in MinnesotaSee details below


What happened?

Minnesota’s statewide Earned Sick and Safe Time (ESST) statute went into effect on January 1, 2024. Duluth repealed its ESST but other cities, like Minneapolis and St. Paul remain in effect.


What are the details?

Duluth, Minnesota, made into law Ordinance 23-062-O, which repeals Duluth ESST because Minnesota’s ESST (statewide ESST) makes the city ordinance unnecessary.

  • This means for employers with at least 1 worker in Duluth that the applicable requirements are the ones provided on the Minnesota ESST.

For the remaining cities that have still an effective ESST ordinance, such as St. Paul, Bloomington, and Minneapolis, employers should also comply with the requirements that these laws mandate, if covered.

  • This means for employers with at least 1 worker in St. Paul, Bloomington, or Minneapolis, that the applicable requirements are the ones provided on each of them.

Below is a breakdown of the current effective ESST in Minnesota. For more information, please visit our previous updates in the resources section.

ESSTStatewide (Minnesota ESST)St. PaulBloomingtonMinneapolis
EligibilityAn employee is eligible if they work at least 80 hours a year for an employer in Minnesota. Includes part-time, seasonal, temporary, and exempt staff.   They do not apply to building and construction 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.All Saint Paul employers with at least 1 worker performing work in the city.  All workers, including part-time and temporary employees, who perform work within the City of Bloomington for at least 80 hours in a calendar year.All employees who work in Minneapolis for at least 80 hours a year.
AccrualAn employee earns one hour of sick and safe time for every 30 hours worked. Maximum of 48 hours each year unless the employer agrees to a higher amount. ESST begins to accrue when an employee begins employment, not after working 80 hours.The ordinance does not specify the accrual rate.Employees earn one hour of sick and safe time for every 30 hours worked.Employees accrue at least one hour of ESST for every 30 hours worked in a calendar year.
UsageFor reasons such as their own or a family member’s mental or physical illness, treatment or preventive care, absence due to domestic abuse, sexual assault or stalking, closure of the employee’s workplace 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.For an employee’s absence from work due to illness, medical appointments, or critical safety issues, including domestic violence, sexual assault, or stalking.The mandate allows employees to use the accrued time as they earn it.Can be used for an employee’s absence from work due to illness, medical appointments, or critical safety issues, including domestic violence, sexual assault, or stalking.
PaymentMust be paid at the same hourly rate an employee earns when they are workingThe ordinance does not specify the payment rate.This compensation for sick and safe hours is required.In general, it is compensated at normal rates of pay.


Business Considerations

  • Employers should update their policies to comply with the current ESST in Minnesota, St. Paul, Bloomington, and Minneapolis.


Source References


Resources

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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