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Minnesota Issues Guidance on Minnesota Statewide Paid Earned Sick and Safe Time Law 

On January 1, 2024, employees in Minnesota will begin to accrue Earned Sick and Safe Time (ESST). ESST is available to all employees, including those who are temporary and part-time, as long as they work at least 80 hours in a year for the employer. In anticipation of the effective date, the Minnesota Department of Labor and Industry (MNDOLI) issued guidance in the form of answers to frequently asked questions (FAQs), a fact sheet, and a video overview of the law to aid employers. 

Under the law employers must provide each “employee” in Minnesota at least one hour of paid sick and safe time for every 30 hours worked, up to at least 48 hours of accrued ESST a year. An “employee” is anyone who works at least 80 hours a year for an employer in Minnesota and is not an independent contractor. 

An employer’s existing leave policy, such as paid time off (PTO), may already fully or partially meet Minnesota’s earned sick and safe time requirements. Where the existing PTO policy only partially meets the requirements, it will need to be updated to reflect the minimum requirements under the law. 

Of note, ESST local ordinances are in effect in the cities of Bloomington, Duluth, Minneapolis, and St. Paul, Minnesota, and may differ from the state’s ESST requirements. Employers are responsible for following the ESST requirements most favorable to their employees. 

Next Steps 

Employers are encouraged to review the guidance resources from the MNDOLI to ensure that they have updated their time off policies and procedures to align with the law. Employers must also provide employees with a notice regarding the leave by January 1, 2024, and upon hire after that by either posting a copy of the notice at each location where employees perform work; providing a paper or electronic copy of the notice to all employees; or posting the notice on a web-based or app-based platform that employees use to perform work. An employer that provides an employee handbook to its employees must also include information regarding ESST in the handbook. 

Employers may access the MNDOLI’s frequently asked questions (FAQs), a model notice, and fact sheets in various languages by clicking here. The video overview of the law may be accessed by clicking here

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