The Minnesota legislature did not pass a bill to preempt the Minneapolis and St. Paul ordinances resulting in the respective paid sick and safe time ordinances becoming effective on July 1, 2017. Employers should be planning to implement paid sick and safe leave policies and practices.
WHO: Minneapolis employers1 with six or more employees must provide paid sick and safe time, and employers who have five or fewer employees must provide sick and safe time but it may be unpaid. St. Paul employers with 24 or more employees and employees who work inside the City of St. Paul for at least 80 hours per year must provide sick and safe time.
EARNED SICK AND SAFE TIME:
- Employees accrue 1 hour of sick and safe time per 30 hours worked in the City.
- Employees can accrue up to 48 hours per year and carry over up to 80 hours of unused time.
- Accrued time is capped at 80 hours.
- Employees begin accruing at time of hire and can begin using their accrued leave 90 calendar days after their hire date.
- Employers’ options:
- May choose to have Paid Time Off (PTO) of at least a minimum of 80 hours per year that includes vacation and sick and safe time into one bank of accrued paid time off of work that employees may use for any purpose.
- May choose to “front-load” the employee’s bank of time at least 48 hours prorated for the first year and 80 hours at the beginning of each subsequent year. Front-loading 80 hours meets the accrual and carryover requirements.
- Treatment, recuperation, or preventative care for a medical or mental health condition, illness, or injury of the employee or covered family member;
- To seek law enforcement, counseling, or other services for domestic abuse, sexual assault, or stalking suffered by the employee or covered family member; or
- Care for family member during emergency closure of school or place of care, including for inclement weather.
- Keep records of
- Accrued sick and safe time available to the employee.
- Used sick and safe time
- NOTICE: display notice poster for employees; update employee handbooks
Minneapolis poster: http://sicktimeinfo.minneapolismn.gov/uploads/9/6/3/1/96313024/sst_employee_notice_poster_english.pdf
St. Paul poster: https://www.stpaul.gov/sites/default/files/Media%20Root/Human%20Rights%20%26%20Equal%20Economic%20Opportunity/ESST-Worplace%20Notice_English_Final.pdf
Please contact Engelmeier & Umanah for any questions or assistance you need with this new ordinance or any of your employment law needs.
1Hennepin County District Court issued a temporary injunction prohibiting the City of Minneapolis from enforcing the Sick and Safe Time Ordinance against any “employer resident outside the geographic boundaries of the City.” The case is on appeal, and the ordinance will not be enforced against any employer resident outside the City until the order is final.