The Minnesota Department of Labor and Industry (MN-DOLI) is soliciting public comment on proposed rulemaking related to Minnesota’s Earned Sick and Safe Time Law (Minn. Stat. Section 181.9445 et. seq.). Any interested person may submit comments or feedback to the agency. In other words, now is your chance! The deadline is April 2, 2025.

Information about the proposed rules and your opportunity to comment can be found here:

https://www.dli.mn.gov/business/employment-practices/rulemaking-docket-minnesota-rules-chapter-5200

Some of the notable highlights from MN-DOLI’s proposed ESST rules are as follows:

• Employers may not force employees to use ESST for a qualifying reason. However, if an employee declines, the absence is not protected.
• The rules would give employers ability to push back and request documentation sooner than current parameters (of three consecutive days of absence) where there is a pattern of misuse. A pattern of misuse is defined to include absences surrounding holidays or weekends or use at the beginning of a shift.
• The rules provide guidance when an employee works some of his or her time in Minnesota and sets forth default parameters depending on whether the individual works more or less than 50% of their time in Minnesota.

Bottom Line

We strongly encourage employers to review the proposed rules and exercise your right to send comments to MN-DOLI.

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