Just the FAQs: Earned Sick and Safe Time

Effective January 1, 2024, Minnesota employers must provide employees with paid time off, which can be used for certain reasons, such as sickness of the employee or a family member or to seek assistance if the employee or a family member has experienced domestic abuse.  Here is an overview of the new law. 

Who must provide Earned Sick and Safe Time?

All Minnesota businesses with one or more employees must provide their employees with Earned Sick and Safe Time.

Who is eligible for Earned Sick and Safe Time?

Any employee who performs work for at least 80 hours in a year is eligible for Earned Sick and Safe Time.

Is anyone not eligible for Earned Sick and Safe Time?

Independent contractors and certain air carrier employees are not eligible for Earned Sick and Safe Time.

What can Earned Sick and Safe Time be used for?

Earned Sick and Safe Time can be used for any of the following purposes:

• The employee’s own sickness or other health condition, including diagnoses and preventative care;
• A family member’s sickness or other health condition, including diagnoses and preventative care;
• Absences due to domestic abuse in order to seek medical attention, obtain services from a victim services organization, obtain counseling, find alternate housing, or seek legal advice or otherwise participate in related legal proceedings;
• Weather or other public emergency closures at the employee’s usual place of business;
• Weather or other public emergency closures at a school or place of care which requires the employee to provide care to a family member;
• The employee’s need to quarantine due to a health concern, including the need to do so while awaiting a diagnostic test.

Who is a family member?

The definition of “family member” is very broad.  It includes:

• Child (biological or otherwise)
• Spouse or registered domestic partner
• Sibling (biological or otherwise)
• Parent (biological or otherwise)
• Grandchild (biological or otherwise)
• Niece or nephew
• Aunt or uncle

In addition, the term “family member” includes all of the above individuals who are related to a spouse or registered domestic partner.

An employee is also authorized to designate one person as a family member who would not otherwise meet the definition of a family member.

How much Earned Sick and Safe Time does each employee earn?

Employees earn 1 hour of Earned Sick and Safe Time for every 30 hours worked.  Employees on salary are considered to work 40 hours in a week unless their workweek is less than 40 hours.

Is there a maximum amount of Earned Sick and Safe Time an employee can accrue?

Yes.  Employees may only accrue 48 hours of Earned Sick and Safe Time in a year.

Does Earned Sick and Safe Time carry over to the following year?

Yes, but an employee may only have 80 hours of Earned Sick and Safe Time at any given time.

Alternatively, employers may “front load” Earned Sick and Safe Time by awarding employees a certain amount of Earned Sick and Safe Time at the beginning of each year.

How soon does an employee begin to accrue Earned Sick and Safe Time?

Employees accrue Earned Sick and Safe Time immediately upon commencement of employment.

How soon may an employee use Earned Sick and Safe Time?

Employees may use Earned Sick and Safe Time as soon as it is accrued.

What rate must Earned Sick and Safe Time be paid?

Earned Sick and Safe Time must be paid at the employee’s same hourly rate.

What other requirements do employers have related to Earned Sick and Safe Leave?

Among other things, employers must:

• Include an itemization of Earned Sick and Safe Time on the employee’s earnings statement;
• Provide notice to employees by January 1, 2024 (or at the start of employment) about their rights to Earned Sick and Safe Time;
• Update their employee handbook to provide notice to employees about their rights to Earned Sick and Safe Time.

What if I still have questions or need other assistance implementing this new law?

If you need help navigating this new law, the attorneys at Farrish Johnson Law Office are here to help.  Schedule your consultation today by calling 507-625-2525.