Minnesota's sick and safe leave law

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Wage and Hour Bulletin

March 2022

Minnesota's sick and safe leave law

Elderly man in a wheelchair with his family in the park

Minnesota's sick and safe leave law requires employers that allow an employee to take time off for their own injury or illness to allow the employee to take time off:

  • to care for an ill or injured minor child, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent in the same manner the employer would allow an employee to use the leave for themselves; and
  • for themselves or a relative (as listed above) to provide or receive assistance because of sexual assault, domestic abuse, stalking or harassment.

New webpage, Spanish fact sheet available

The Department of Labor and Industry (DLI) has created a new webpage outlining Minnesota's sick and safe leave requirements. Visit the page at www.dli.mn.gov/sick-leave.

In addition, a new DLI fact sheet is available in English and Spanish.


Who is covered under Minnesota's sick and safe leave law?

Employees:

  • who have worked for the employer for at least 12 months; and
  • who worked at least half-time during the past 12 months.

Employers:

  • that have 21 or more employees at one site; and
  • that offer personal sick leave benefits for absence from work due to an employee's illness or injury.

Is sick leave paid?

The law does not require that sick leave be paid. However, if the employer provides paid time off for the illness or injury of the worker, time off for the illness or injury of a family member must also be paid.


Are employers required to offer sick leave?

In certain situations, employers are required to allow eligible employees to be absent from work under the federal Family and Medical Leave Act (FMLA), provisions of the Minnesota Pregnancy and Parental Leave Law or under the paid sick and safe time ordinances in Duluth, Minneapolis and St. Paul.


U.S Department of Labor's Midwest Care Workers Summit

Health care industry stakeholders from Midwest states are invited to the U.S. Department of Labor's Wage and Hour Division's Midwest Care Workers Summit on March 23. The online summit will facilitate a discussion about issues that affect the health care industry in the Midwest.


Questions?

Labor Standards serves the people of Minnesota by providing
information about the state's wage, hour and employment laws.

Phone:  651-284-5075 or 800-342-5354
Email:  dli.laborstandards@state.mn.us
Website:  www.dli.mn.gov/laborlaw