Update Applicable to:

All Minnesota employers and multi-state employers

What happened?

Minnesota’s earned sick and safe time (ESST) law goes into effect January 1, 2024. Minnesota’s Department of Labor and Industry (MDLI) released a FAQ page to make it easier to implement and consult in case of any doubts.

What do employers need to do?

For additional details, please consult the previous article, as well as the resources provided above and on the FAQ provided by MDLI. Employers should be mindful of the regulations and make the necessary changes. Employers should consult their trusted employment attorney to ensure compliance.

What are the details?

As written in a previous article from June 26, 2023, Minnesota approved Earned Sick and Safe Leave that is paid leave employers must provide to employees in Minnesota that can be used for certain reasons, including when an employee is sick, to care for a sick family member or to seek assistance if an employee or their family member has experienced domestic abuse.

Minnesota’s Department of Labor and Industry (MDLI) realized a FAQ page to make it easier to implement and consult in case of any doubts.

Some actualizations are pending a release date, such as the following:

• Rates of pay (coming soon)
• Recordkeeping and notice to employees (coming soon)
• Using ESST hours (coming soon)
• Complaints and violations (coming soon)

Notice and Paystub Requirements: As we previously mentioned in our previous communication in June, we would like to remind employers that one of the key changes is that employers will be required to include the total number of earned sick and safe time hours accrued and available for use, as well as the total number of earned sick and safe time hours used, on earnings statements provided to employees at the end of each pay period; Employers must also provide employees with a notice by January 1, 2024 — or at the start of employment, whichever is later — in English and in an employee’s primary language if that is not English, informing them about earned sick and safe time; as well as to include a sick and safe time notice in the employee handbook, if the employer has an employee handbook. The Minnesota Department of Labor is to prepare a uniform employee notice form (The sample notice will be available on the Workplace notices and posters webpage in English, though the MDLI has said that employers are not required to use the sample notice if an employer’s notice contains all of the required information listed here: Link. To read more about this, see the MDLI wage & hour bulletin here: Link.

For more information, please see the links below:

Vensure: Article 1

MDLI Earned Sick and Safe Time FAQ

Law Firm Articles: Article 1, Article 2, Article 3

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.