Court of Appeals Ruling - Sick and Safe Time

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MN Court of Appeals allows full enforcement of sick and safe time ordinance

May 8, 2019 (MINNEAPOLIS) The sick and safe time ordinance took effect July 1, 2017 but has not been fully enforced due to litigation. The Minnesota Court of Appeals recently ruled that the sick and safe time ordinance does not violate state law and can be fully enforced.

 

The City of Minneapolis is seeking comments on proposed changes to the rules and FAQs implementing the sick and safe ordinance. Under these changes, the City will begin enforcing the ordinance against employers based outside of Minneapolis with workers in the city.  

 

As written, the ordinance affects employers based outside of Minneapolis with employees who work more than 80 hours in a year within the geographical boundaries of the city. Employers based outside of Minneapolis will be subject to enforcement after the rule changes take effect.

 

Under the sick and safe time ordinance, employers with six or more employees must provide paid sick and safe time. Employers with five or fewer employees must also provide sick and safe time, but it can be unpaid. All types of employees are covered, including part-time workers. One hour of sick and safe time accrues for every 30 hours worked within the city. Sick and safe time may be used only when an employee is scheduled to work in Minneapolis. 

 

Employees can use sick and safe time for their own illnesses, to care for an ill family member, to address issues caused by domestic violence, sexual assault or stalking, and to care for a family member due to an unexpected closure of their school or daycare. 

 

The City’s Department of Civil Rights is accepting comments on the proposed rule changes and FAQs through June 7. Please submit any comments online or in-person to the Civil Rights Department (City Hall, 350 S. Fifth St., room 239). Thank you.