Takeaways:

• Minnesota’s Earned Sick and Safe Time law (ESST) saw a few significant amendments during the special legislative session.
• The main changes impact when employers can require documentation and notice for unforeseeable absences taken for a covered ESST reason.
• The amendments also clarify that employees may voluntarily trade shifts to cover ESST absences and that employers may advance ESST hours to employees.

On June 14^th, Minnesota Governor Tim Walz signed into law, S.F. No. 17, which once again included amendments to Minnesota’s Earned Sick and Safe Time (ESST) law that went into effect in January 2024.

Requesting Documentation for Employee ESST Absences

Under the new amendments, when an employee uses ESST for an absence of 2 or more consecutive scheduled work days, an employer may require reasonable documentation that the absence was taken for a covered reason. Previously, an employer could require reasonable documentation only for an absence of 3 or more consecutive scheduled work days.

Requiring Notice for an Unforeseeable ESST Covered Absence

Further, the amendments provide if an employee takes ESST due to an unforeseeable need, an employer may require an employee to give notice of the need to use ESST as reasonably required by the employer. Prior to the recent amendment, an employer could require notice for an unforeseeable ESST absence as soon as practicable.

Clarifications in the ESST Law

Additionally, the amendments clarify that an employee is permitted...

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