Minnesota will soon join the ranks of states with statewide earned paid sick and safe leave requirements. The Minnesota legislature passed the Earned Sick and Safe Leave law (ESSL), and Gov. Tim Walz has promised to sign the Omnibus Jobs Act, which includes the ESSL provisions.
The ESSL provisions, effective Jan. 1, 2024, do not preempt other local paid sick and safe time laws, but are similar to those in Minneapolis, St. Paul, and Bloomington (going into effect July 1, 2023). All of the ordinances differ slightly, so employers must be conscious of the details. Duluth has a paid sick and safe leave ordinance, but it differs more significantly from the other cities' laws.
ESSL covers all employees, including part-time and temporary employees, performing work for their employer in Minnesota for at least 80 hours in a year. It does not cover independent contractors or certain individuals employed by an airline as a flight deck or cabin crew members. Employees may use ESSL once they have performed at least 80 hours of work in Minnesota in a year.
ESSL applies to any business or person with one or more employees. There is no small employer exemption. Temporary employees supplied by a staffing agency are considered employees of the staffing agency, unless a contractual agreement states otherwise.
Accrual and Frontloading
Employees may accrue up to 48 hours of ESSL per year, though employers may grant more. Employees accrue a minimum of one hour of ESSL for every 30 hours...
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