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There have been three updates to the earned sick and safe time law:
1. Hourly rate is now called the base rate.
2. Employees may use earned sick and safe time for bereavement, or to deal with the loss of a family member.
3. Employers may decide how to show employees how many hours of earned sick and safe time they can use, and how many hours of earned sick and safe time already used. It is not required to be on the pay statement.
If you have questions about these changes, please contact the Minnesota Department of Labor and Industry.
Here is our original message, with changes added in bold.
Starting Jan. 1, 2024, Minnesota’s earned sick and safe time law requires employers to provide paid leave to employees who work in Minnesota. In this video we will explain the law.
What is sick and safe time?
Sick and safe time is paid time off from work. It can be used when an employee is sick, needs to care for a sick family member or to get help if they or a family member has experienced domestic abuse, sexual assault or stalking.
Who is eligible for sick and safe time?
An employee is eligible for sick and safe time if they:
- work at least 80 hours per year for an employer in Minnesota; and
- are not an independent contractor.
Temporary and part-time employees are eligible for sick and safe time.
Sick and safe time requirements will not apply to building and construction industry employees who are represented by a building and construction trades labor organization if a valid waiver of these requirements is provided in a collective bargaining agreement.
If you are an employee, this law benefits you.
How much sick and safe time can you earn?
You earn one hour of sick and safe time for every 30 hours worked and can earn a maximum of 48 hours each year unless the employer agrees to a higher amount.
How much are you paid for sick and safe time?
Sick and safe time must be paid at the same hourly rate you earn when you are working.
NEW: Hourly rate has been changed to base rate.
When can you use sick and safe time?
You can use earned sick and safe time for five reasons:
- If you have a mental or physical illness, need treatment for illness or to get regular preventive care.
- If you need to care for a family member’s mental or physical illness, treatment or preventive care.
- If you can’t work due to domestic abuse, sexual assault or stalking of themselves or a family member.
- If your workplace or a family member’s school or care facility is closed due to weather or public emergency.
- If a health authority or health care professional says that you or a family member is at risk of infecting others with a communicable disease.
- NEW: If you are dealing with the loss of a family member.
Who is considered a family member under this law?
This law says your family is anyone related to you by birth, adoption, marriage or registered domestic partnership.
That includes foster children and people under your legal guardianship or people whose close relationship with you is the same as a family member.
The law also allows you to name one other person you may use sick and safe time for each year.
You can find a detailed list of family members covered by this law on the Department of Labor and Industry's website at dli.mn.gov/sick-leave. If you have questions about who you can use earned sick and safe time for, ask your employer.
What do employers have to do?
Employers must do four things:
- Provide employees with one hour of paid leave for every 30 hours worked, up to at least 48 hours each year.
- Show employees how many hours of earned sick and safe time they can use, and how many hours of earned sick and safe time already used, on their pay statement each pay period. NEW: Employers can decide how they want to show employees this information. It does not have to be on their pay statement.
- Give employees information about earned sick and safe time by Jan. 1, 2024. The information must be in English and in an employee’s primary language if that is not English. If the employee starts after Jan. 1, 2024, then the employer needs to give the information to the employee when they start work.
- Include a sick and safe time notice in the employee handbook, if the employer has an employee handbook.
The Minnesota Department of Labor and Industry has a notice that employers can use. It is in English and 17 other languages. Employers can request additional languages.
Current sick and safe time local ordinances
Earned sick and safe time local ordinances already exist in the cities of Bloomington, Minneapolis and St. Paul, Minnesota. Employers must follow the earned sick and safe time requirements most favorable to their employees.
Questions?
Contact the Minnesota Department of Labor and Industry
Phone: 651-284-5075 or 800-342-5354
Email: esst.dli@state.mn.us
Please contact the Deaf and Hard of Hearing Services Division:
Videophone: 651-964-1514
Voice or preferred relay service: 651-431-5945 or 800-657-3663
Email: dhs.dhhsd@state.mn.us
Web: mn.gov/deaf-hard-of-hearing
We look forward to serving you!
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