The Minnesota Department of Labor and Industry (MNDOLI) recently issued proposed rules for governing Minnesota’s Earned Sick and Safe Time Law (ESST). The proposed rules are open for public comment through April 2, 2025.

Quick Hits

• The Minnesota Department of Labor and Industry issued proposed rules stating that employees anticipated to work over 50 percent in Minnesota in an accrual year would accrue earned sick and safe time leave (ESST) for all hours worked despite location.
• The proposed rules would allow employers to “advance” ESST hours.
• The proposed rules also clarify that employees have a choice to use paid ESST or take unpaid and “unprotected” leave, and that employers may not require employees to use ESST.
• The proposed rules are open for public comment through April 2, 2025.

Definitions

The proposed rules define “Accrual Year,” “Qualifying Purpose,” and “Work Day.” Namely, a “work day” means a consecutive period of time not greater than twenty-four hours.

Accrual Year

The Minnesota ESST law requires employers to designate and notify employees of the accrual year. Under the proposed rules, “[i]f an employer fails to designate and clearly communicate the accrual year to each employee … the accrual year is a calendar year.” The proposed rules would require employers to “provide a revised written notice” to affected employees if the accrual year changes before the change takes effect and “[i]f an employee has not received timely revised written notice … then the...

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