At a Glance

• New rules clarify various statutory requirements
• Of note, employers can continue to offer attendance-based incentives but cannot require employees to use leave
• Rules also address exceptions to when employers can request documentation, when leave is deemed “accrued,” and how the law affects employers that offer generous paid leave benefits

On June 29, 2026, the Department of Labor & Industry (DLI) finalized rules implementing the Minnesota Earned Sick and Safe Time Law, effective July 6, 2026 (shortly afterwards, DLI published FAQs specific to the rules). From an employer’s perspective, the rules are a mixed bag. Below we discuss the more notable rules that will impact policies, practices, and procedures of employers covered by Minnesota’s law.

No “Forced” Use: Under the rules, employers cannot require employees to use leave. However, the rules also provide that if an employee requests not to use leave but will be absent for a covered reason under the law, their absence is not protected by the law (though another law might protect the absence).

Leave Use Can Be a Factor in Incentive Programs: Under Minnesota’s statute, “[i]t shall be unlawful for an employer’s absence control policy or attendance point system to count earned sick and safe time taken [] as an absence that may lead to or result in retaliation or any other adverse action.” However, the rules distinguish “negative” from “positive” programs by stating, “[i]f a bonus, reward, or other incentive...

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