January Wage and Hour Bulletin: Understanding earned sick and safe time

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Wage and Hour Bulletin

January 2025

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New year, new resolutions:  Understanding earned sick and safe time

As we step into the new year, it's the perfect time to set resolutions that prioritize well-being, fairness and work-life balance. For employees and employers alike, one resolution to embrace is understanding and effectively using earned sick and safe time (ESST). This workplace benefit ensures everyone has access to time off when they need it most -- whether for illness, safety or caregiving responsibilities.

By understanding your rights and responsibilities, you can make 2025 a year of safety, wellness and balance.

How ESST benefits employees

  • Take care of yourself and loved ones:  Use ESST for mental or physical illness, treatment or preventive care.
  • Safety first:  ESST covers absences due to domestic abuse, sexual assault or stalking affecting you or a family member. For details, visit sickleave.mn.gov.

How ESST benefits employers

  • Boost employee morale:  Offering ESST shows you care about employee well-being, fostering trust and loyalty.
  • Maintain productivity:  Employees can recover at home without spreading illness.
  • Ensure legal compliance:  Understanding the ESST law avoids penalties and supports a fair, positive workplace.

Understanding ESST carryover

Employers must carry over unused ESST hours unless they front-load them. Here's an example:  Amy, who works for a small business that uses the accrual method, accrued 32 hours in 2024 but used eight hours, leaving 24 hours to carry over into 2025. She will accrue 48 more hours in 2025, totaling 72 hours by midyear (24 from 2024 + 48 from 2025). Once she reaches 80 hours, she will stop accruing hours.

For more details, visit Minnesota Statutes 181.9446, check out our ESST FAQs page or contact the Department of Labor and Industry (DLI) at 651-284-5075 or esst.dli@state.mn.us.


Webinar graphic

Webinar:  A guide to ESST

This webinar about the ESST law will cover how ESST is earned, used and carried over, along with the Jan. 1, 2025, update requiring employers offering additional paid sick leave to follow the same rules as ESST.


New transportation network company law videos -- now in multiple languages

New videos are available that cover key aspects of the transportation network company (TNC) law, which regulates companies using an app to connect passengers with drivers for prearranged rides. Topics include:

  • Minimum compensation
  • Pay transparency
  • Driver deactivation

These videos are available in English, Amharic, Arabic, Hmong, Oromo, Somali and Spanish. Find more information and the videos at dli.mn.gov/tnc.


Human Trafficking Prevention Month

January is Human Trafficking Prevention Month. Labor trafficking is a type of human trafficking that includes wage theft and other labor law violations.

Learn more about labor trafficking by visiting the Minnesota Department Health's labor trafficking webpage and watching a video from the International Institute of Minnesota about human trafficking and T-visas.


Retailiation word or concept represented by wooden letter tiles on a wooden table with glasses and a book

Workplace retaliation:  What it is, how to report and how to prevent it

Workplace retaliation happens when an employer punishes an employee for engaging in protected activities such as reporting unfair labor practices. This can include termination, demotion, reduced hours or harassment. Retaliation is illegal under state law (Minn. Stat. 181.03).

Report retaliation to DLI at 651-284-5075 or dli.laborstandards@state.mn.us.

How employers can prevent retaliation

  1. Create and enforce anti-retaliation policies:  Make sure employees know their rights.
  2. Train managers:  Ensure leadership understands retaliation laws and handles complaints appropriately.
  3. Establish a reporting process:  Provide safe, confidential methods for employees to report issues.
  4. Investigate complaints:  Address concerns promptly and thoroughly.
  5. Document decisions:  Keep detailed records of performance reviews and actions.
  6. Promote open communication:  Encourage an open-door policy for discussing concerns.
  7. Monitor compliance:  Regularly review policies to ensure legal compliance.

By fostering a respectful, open environment, employers can avoid retaliation claims and build trust with employees.


2025 minimum wage-rates

Remember:  The state minimum-wage rate was adjusted for inflation Jan. 1, 2025. For more information, visit dli.mn.gov/minwage.

For more information about the Minneapolis minimum wage, visit the city's minimum wage webpage. Read more about St. Paul minimum wage in a recent news release.


News release:  Sanford to pay back-wages, damages and penalties following willful violations of the Women's Economic Security Act

DLI recently entered into a consent order with Sanford to require that it comply with Minnesota laws that provide pregnant employees with reasonable workplace accommodations and pregnancy and parental leave. Additionally, the order requires Sanford to pay back-wages, compensatory damages and liquidated damages to an employee after DLI found Sanford cut her hours during pregnancy and fired her after she asserted her workplace rights.


Question of the month

Is the state ESST law the same as the sick time ordinances in several Minnesota cities?

  • ESST local ordinances are in effect in the cities of Bloomington, Minneapolis and St. Paul and may vary from the requirements under state law. Employers are responsible for following the ESST requirements most favorable to their employees. In other words, employers must comply with the specific requirements of the state ESST law and the applicable local ESST ordinance that are most favorable to their employees. This may mean following some of the requirements of state ESST law and other requirements of the local ESST law.


Contact us

Contact us with wage and hour questions at 651-284-5075 or dli.laborstandards@state.mn.us. Email esst.dli@state.mn.us with questions about earned sick and safe time.


Wage and Hour Bulletin archive

Find past editions of The Wage and Hour Bulletin.


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:  dli.mn.gov