Minnesota Sick and Safe Time: Rules To Follow

Employers in Minnesota must provide paid sick and safe time for employees to use for covered reasons, including illness, caring for a sick family member, or getting help for domestic abuse. Employers found in violation of sick time laws can face state sanctions or employee civil lawsuits.

Make sure you understand and comply with state and local employment laws. Talk to a local employment law attorney for legal advice.

Earned Sick and Safe Time Laws in Minnesota

Employment law attorney Leonard B. Segal stated on a panel that “Minnesota enacted one of the most aggressive labor standards for sick and safe time ordinances ever.”

Minnesota’s Earned Sick and Safe Time (ESST) law went into effect on January 1, 2024. The law requires all employers, regardless of size, to provide paid sick time. Employers must provide one hour of sick time for every 30 hours worked, up to at least 48 hours per year. Employers can also front-load at least 48 hours for the year.

Employers must provide employees with access to their current sick and safe time balance information each pay period, such as on an earnings statement or through another method allowed by law. Employers can meet the notice requirements by posting an ESST notice at each place of business, providing a copy to all employees, or posting it on an online platform they use for work.

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Covered Employers and Employees

Minnesota ESST laws apply to all employers, regardless of size. This state law affects both full- and part-time staff, temporary employees, and even paid interns. Covered employees include anyone the employer anticipates will work at least 80 hours in a year. Independent contractors are not included in these sick time protections.

The requirement states that any covered employee who accrues 30 hours of work must receive one hour of sick leave and safe time. The minimum amount is capped at 48 hours per year. Employees can carry over sick time to a maximum accrual of 80 hours over more than one year. Employers may set higher caps than this, but they may not go lower.

Front Loading Sick Time Alternative

Minnesota allows front-loading as an alternative to carrying over hours into a new year. This reduces the record-keeping required to offer employees sick time. Employers have two options for front loading ESST.

Employers can offer a minimum of 48 hours of sick time available at the beginning of the year, and any unused time is paid out to the employee at the end of the year. Alternatively, employers can offer 80 hours at the beginning of the year, and any unused time is not paid out at the end of the year.

Covered Reasons for Taking Sick Time

Sick time is not the same as taking paid vacation time. Employee sick time and safe time may be used for certain reasons. Employees can generally use sick and safe time as it accrues, but an employer may require a waiting period of up to 90 days after the start of employment before an employee may use accrued time. Covered reasons for sick time include:

• Preventive care and treatment for a mental or physical health condition
• Care and treatment for a family member
• Absences related to stalking, sexual assault, or domestic abuse for the employee or family member
• Making arrangements after the death of a family member
• Work closure due to the weather or public emergency
• School or care facility closure for a family member
• When an employee or family member is at risk of infecting others

Family members cover a broad range of people, including grandparents, grandchildren, children-in-law, and one individual designated by the employee.

Minneapolis Sick Time Policies for Employers

Cities like Minneapolis and St. Paul also have local sick and safe time laws. Employers must follow the sick time policies that are most favorable to workers.

The City of Minneapolis produced an employer checklist to help inform employers about state and local labor laws. More information can be found on the Minneapolis government website.

Segal recommends that every business owner “ensure that their business is compliant by consulting with an experienced and reputable employment law attorney, in order to update their current policies and employee handbook. An employment law lawyer may offer legal advice about safe leave.”