Minnesota’s Earned Sick and Safe Time (ESST) law has been a significant compliance consideration for employers since its enactment. Now, with the release of new administrative rules, the Minnesota Department of Labor and Industry (MNDOLI) has provided much-needed clarity.

Quick Hits

• Employers with employees in Minnesota must designate and communicate their chosen accrual year for ESST or it defaults to the calendar year.
• Eligibility is based on a “good faith” determination that an employee will work at least eighty hours per year in Minnesota.
• Employees—not employers—control whether ESST is used.
• ESST used for a nonqualifying purpose is not protected and may be subject to discipline in accordance with the employer’s policies.
• Minnesota Paid Leave is excluded from ESST requirements.

These updates are essential to maintaining compliance and managing ESST effectively. Below is a detailed breakdown of what the new administrative rules say and what it means for employers.

Accrual Year

Employers must designate and clearly communicate the accrual year to each employee. If no accrual year is defined, it defaults to the calendar year.

Any changes to the accrual year must be:

• communicated in writing before the change takes effect, consistent with Minnesota’s Wage Theft Law; and
• structured so as to not to negatively impact an employee’s ability to accrue ESST.

Hours Worked and Eligibility

Eligibility: An employee is eligible for ESST based on a “good faith” determinationof...

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