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Minnesota’s Earned Sick and Safe Time (ESST) law went into effect on January 1, 2024. This new law requires employers to provide paid leave to employees who work in the state that meet certain criteria.[1]
Earned Sick and Safe Time is paid leave that employers must now provide to employees in Minnesota. It can be used for certain reasons, including when an employee is sick, when an employee needs to care for a family member, or when an employee needs to seek assistance if an employee or their family member has experienced domestic abuse/sexual assault/stalking.
ESST is also available for use when the workplace is closed due to weather, public emergency or closure of a family member’s school. Or when determined by a health authority or healthcare professional that the employee or family member is at risk of infecting others with a communicable disease.
An employee is eligible for sick and safe time if they work at least 80 hours a year for an employer in Minnesota and are not an independent contractor. Temporary and part time employees are eligible for sick and safe time. The requirements will not apply to building and construction employees represented by a building and construction trades labor organization if a valid waiver of these requirements is provided in a collective bargaining agreement.
The changes to the law also establish that ESST requirements do not apply to volunteer or paid on-call firefighters, volunteer ambulance attendants, paid-on-call ambulance service personnel, elected officials, individuals appointment to fill vacancies in elected offices, and individuals employed by a farmer, family farm, or family farm corporation who work for 28 days or less per year. Additionally, certain family caregivers can waive their rights to ESST.
An employee earns 1 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). Sick and safe time must be paid at the same hourly rate an employee earns when they are working.[2]
(The family members that satisfy the ESST Requirements are laid out in section 181.9445 of Minnesota Statutes, found here.)
And although this law originally required employers to include the total number of earned sick and safe time hours available for use, as well as the total number of earned sick and safe time hours used on earnings statements, that is no longer required.
Instead, employers can choose a reasonable system for providing this information at the end of each pay period. While employers can still include this information on an earnings statement or paycheck, they could also choose to provide this information electronically. If an employer provides the information electronically, they must provide their employees with access to an employer-owned computer during regular working hours to review and print the information.
Employers also must provide employees with a notice at the start of employment in English and in an employee’s primary language if that is not English, informing them about earned sick and safe time. Employers also must include a sick and safe time notice in the employee handbook if the employer has an employee handbook.
The updated ESST law establishes that an employer who fails to provide or allow ESST use as required is liable to employees for the amount of ESST they should have been provided or could have used, plus an equal amount as liquidated damages. If the exact ESST hours owed is unclear, employers are liable for 48 hours each year ESST was not provided, plus an equal amount as liquidated damages.
Beginning January 1, 2026, employers will also need to be aware of and comply with the Minnesota Paid Leave program. This program provides paid time off when an employee is unable to work due to a serious health condition, needs to care for a family member or children, and for certain military-related events or personal safety issues.
To receive updated information from the state, you can go here and sign up to receive email updates. We will continue to keep you updated and informed as new laws, and changes to existing laws take place.
Keep an eye on our Events page , located at: https://www.wagnerlegalmn.com/events/ for free upcoming seminars about business owner updates.
If you’d like to meet with an attorney to explore ways to ensure compliance with these and other laws, contact us to get started.
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[1] Minnesota Statutes 181.032 and 181.9445-181.9448 includes all of Minnesota’s ESST requirements.
[2] MN Statutes 181.9446
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