Minnesota Earned Sick and Safe Time Law

Minnesota Earned Sick and Safe Time Overview

Minnesota's Earned Sick and Safe Time (ESST) law took effect on January 1, 2024, requiring all Minnesota employers, regardless of size, to provide paid sick and safe leave to employees. The law applies to employees who work at least 80 hours in a year in Minnesota, including part-time, temporary, and seasonal workers.

This statewide law replaced a patchwork of local ordinances, including those in Minneapolis, St. Paul, and Duluth, with a uniform standard. However, local ordinances that provide greater benefits than the state law remain in effect.

Accrual and Frontloading

Employees accrue one hour of ESST for every 30 hours worked, up to a minimum of 48 hours per year. Employers may choose to frontload at least 48 hours at the beginning of each year or benefit period instead of using accrual. If using accrual, employers must allow carryover of unused hours up to a maximum of 80 hours. If frontloading, carryover is not required.

Accrual begins on the first day of employment, and employees may use accrued leave after working for their employer for at least 90 days. There is no cap on accrual during the year, but employers may limit annual usage to 48 hours.

Covered Uses of ESST

ESST may be used for a broad range of purposes. These include the employee's own illness, injury, or health condition, including mental health; preventive care appointments; caring for a sick family member; safety leave related to domestic abuse, sexual assault, or stalking; and closure of the employee's workplace, school, or child care due to weather or other public emergency.

Minnesota defines family members broadly, including children, spouses, siblings, parents, grandchildren, grandparents, and any other individual related by blood or whose close association with the employee is the equivalent of a family relationship. This expansive definition goes beyond many other state sick leave laws.

Employer Notice and Anti-Retaliation

Employers must provide written notice to employees at the start of employment that includes information about ESST rights, including the amount of leave available, terms of use, and the prohibition against retaliation. Employers must also display a poster in each workplace. The Minnesota Department of Labor and Industry provides model notices and posters.

Employers may not retaliate against employees who request or use ESST, file a complaint, or inform others of their rights. Retaliation includes any negative change in employment terms or conditions taken because of an employee's exercise of ESST rights.

Compliance Considerations

Employers with existing PTO or sick leave policies that meet or exceed the ESST requirements are deemed in compliance. However, employers should verify that their existing policies cover all permitted uses under the ESST law, particularly safe time for domestic violence, the broad family member definition, and the minimum accrual and usage amounts. Employers should update payroll systems to track ESST accrual and usage separately, even if combined with a broader PTO policy, to facilitate compliance verification.