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This article covers the law changes for Minnesota’s Earned Sick and Safe Time (ESST), including the latest 2025 amendments, to help inform you about this legislation and offer tips for compliance best practices.
About Earned Sick and Safe Time
Earned Sick and Safe Time law changes are officially in effect for Minnesota businesses. Minnesota’s ESST law requires that businesses provide paid leave to all employees for applicable “sick and safe” reasons. As of January 1, 2024, Minnesota’s ESST law required employers to provide paid sick and safe leave for employees who work at least 80 hours in the state per year.
Sick and Safe Time is defined by the Minnesota Department of Labor and Industry as “paid leave employers must provide to employees in Minnesota that can be used for certain reasons, including when an employee is sick, to care for a sick family member, or to seek assistance if an employee or their family member has experienced domestic abuse.” This type of short-term leave must be paid at the same base rate that the employee is compensated normally, excluding higher rates for overtime or weekend work. The Sick and Safe Time Law will not impact employers that already offer paid leave as part of a regular PTO (paid time off) plan as long as the plan in place already meets or exceeds Minnesota’s ESST requirements. However, it is important to note that ESST may impact attendance policies, such as notice, documentation, and anti-retaliation. Therefore, all of these requirements should be accounted for in your company’s existing PTO policy.
Eligibility
Under the ESST law, sick and safe time can be used for a variety of different reasons for the employee or an employee’s family member, including the following:
- Physical or mental illness pertaining to preventative care and treatment.
- Leave due to domestic abuse, sexual assault, or stalking.
- Workplace closure due to weather or public emergencies.
- In contagious disease cases, as determined by a healthcare professional.
- Bereavement purposes, including funeral arrangements, attending services, and addressing legal/financial matters after a family member’s passing.
Family members include children, spouses or domestic partners, siblings, parents, grandchildren, grandparents, and any family members of a spouse or a domestic partner. This also includes relationships related by blood or equivalent to a family relationship, as well as one additional individual that can be annually designated by employees.
Employees who work at least 80 hours per year in Minnesota and who are not federal employees or independent contractors are eligible for sick and safe time, including temporary and part-time workers. Certain employees in the construction/building industry whom a trades labor organization represents may not be eligible for sick and safe time “if a valid waiver of these requirements is provided in a collective bargaining agreement.”
As of May 25, 2024, employees must use ESST in the same increments of time for which they are paid. Employers are not required to allow employees to use ESST in less than 15-minute increments and cannot require use in more than 4-hour increments. Additionally, if an employee uses ESST for more than three consecutive days, an employer may require reasonable documentation. Three consecutive days off must be calculated based on scheduled workdays only.
Law Changes and Employer Responsibilities
Under Minnesota’s ESST law, for every 30 hours worked, employees will earn one hour of sick and safe time, with a maximum accrual of 48 hours annually, unless an employer provides additional hours. Again, it is important to note that employers that already offer a PTO plan for employees to use for sick leave that meets the ESST requirements will not have to implement an additional sick and safe time category.
This law has been applicable to all cities in Minnesota as of January 1, 2024. Employers are required to follow the “most protective” law for their employees. For this reason, employers should ensure that they stay up-to-date with their local and state ordinances and that they follow the correct ones.
In addition to compliance with the statewide ESST, employers are also responsible for the following:
- Employees should have been given the sick and safe time notice by January 1, 2024, or at the beginning of their employment in their primary language.
- As of May 25, 2024, employers are no longer required to provide information about employees’ ESST hours available for use and ESST hours used during the pay period on pay stubs or earnings statements.
- ESST notices should also be included in the company’s official Employee Handbook, if applicable.
- Employers cannot discipline or retaliate against an employee for utilizing ESST. The hours used may not be counted as an absence that could result in any adverse employment action.
Additional resources on the Minnesota Department of Labor and Industry website include the employee notice, fact sheet, videos, FAQs, workplace posters, and more. You can also find the details of the law on the Minnesota Legislature website.
Compliance Best Practices for Ensuring Compliance with Earned Sick and Safe Time
To ensure compliance with Minnesota’s ESST law, employers should consider implementing several best practices.
- Review and update policies to ensure existing PTO and sick leave policies align with ESST requirements, including accrual, usage, and carryover rules.
- Communicate clearly with employees by providing written notice of ESST rights upon hire and including details in the employee handbook.
- Maintain accurate records by tracking accrued and used ESST, even though reporting on pay stubs is no longer required as of May 25, 2024.
- Establish fair and consistent usage guidelines to ensure requests for ESST are handled equitably, avoiding excessive notice or documentation requirements.
- Train managers and HR staff on ESST regulations to prevent unlawful denial of leave and ensure compliance with anti-retaliation provisions.
- Stay updated on legal changes by reviewing updates from the Minnesota Department of Labor and Industry and adjusting policies as needed.
By following these best practices, businesses can maintain compliance with Minnesota’s ESST law while fostering a fair and supportive work environment.
Additional Resources
If you have any specific questions regarding Minnesota’s ESST, we encourage you to contact your company’s Human Resources department. More information from the Minnesota Department of Labor and Industry is available online.
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Looking for a handy guide? Download our Employer Compliance Best Practices for Earned Sick and Safe Time today!
