Know The Facts—Earned Sick and Safe Time in Minneapolis and St. Paul

Minneapolis and St. Paul have recently implemented Earned Sick and Safe Time ordinances. Wondering if your current PTO plan complies with the new laws? Have questions about tracking, application or use under the new laws? Here’s an overview of the new laws, and what you can do to make sure you’re covered.

REASONING—Limiting the spread of contagious illness improves public health and benefits everyone. Also, leveling the playing field for employers who already were taking care of employees and making accommodations for sick staff.

BASIC RULE—Everyone (in Minneapolis with six or more employees, see exception below) must provide paid sick and safe time to all employees (temp, part-time, paid intern included) who work at least 80 hours per year for that employer.

ACCRUAL—One hour for every 30 hours works – can cap accrual at 48 hours per year. After year one, employees can “bank” and carry over ESST to add up to 80 hours.

PTO—If your PTO policy meets all the requirements of ESST (including the use and notice requirements) then it counts as ESST and you have nothing more to do. If you offer LESS than 48 hours of PTO, you will need to accrue ESST for your employees up to 48-hour cap for year 1, but only for the difference (e.g. -48-35, etc)

USE—Treatment, recuperation, or preventative care for a medical or mental health condition, illness, or injury of the employee or covered family member; To seek law enforcement, counseling, or other services for domestic abuse, sexual assault, or stalking suffered by the employee or covered family member; Care for family member during emergency closure of school or place of care, including for inclement weather.

Exceptions

Minneapolis

• Employer with five or fewer employees may choose to provide unpaid ESST
• For the first five years (until July 1, 2022) during an employer’s first true year of operation, it may provide unpaid ESST

Minneapolis and St. Paul

• “Prevailing wage” for certain construction crafts and trades

St. Paul

• Biz with 23 or fewer employees, effective date is January 1, 2018
• Private right of action against employer for violation – can get attorney’s fees

Resources

City of Minneapolis website with info and required poster
The City of St. Paul website with info and required info for employees

Still have questions? Contact us!