Effective July 1, 2025, Minnesota has implemented important updates (SF 2300) to its Earned Sick and Safe Time (ESST) law that impact employer leave policies and employee rights. These amendments provide greater clarity for both employers and employees, particularly around notice, documentation, and shift scheduling practices.
Key Updates to the ESST Law
- Notice for Unforeseeable Leave. Employers may now impose reasonable notice requirements when an employee needs to use ESST unexpectedly. This change offers more flexibility than the prior requirement, which only allowed notice “as soon as practicable.”
- Documentation Threshold Reduced. Employers may request reasonable documentation if an employee is absent for three or more consecutive scheduled workdays, lowered from the previous threshold of four days. This adjustment aligns with common leave management practices and supports more timely return-to-work planning.
- Shift Trading Permitted, But Not Required. Employers may now allow but not required to permit employees to voluntarily trade shifts in lieu of taking ESST. This allows for greater workforce flexibility while preserving the employee’s right to take protected leave.
- ESST Advancement Option (Effective January 1, 2026). Employers may choose to advance ESST hours based on an employee’s anticipated hours for the remainder of the accrual year. However, if the amount of advanced time ends up being less than what the employee would have accrued based on actual hours worked, the employer must provide the difference.
Next Steps for Employers
To ensure compliance with these ESST changes, Minnesota employers should:
- Update Leave Policies and Handbooks: Revise current ESST policies to reflect the new notice requirements, documentation standards, and shift trading provisions. Ensure policies are clearly communicated to employees.
- Train Supervisors and human resources Staff: Provide training on the updated rules to ensure consistent and lawful administration of ESST, especially regarding when documentation may be requested and how to handle voluntary shift trades.
- Review Employee Communications: Update any related forms, intranet pages, or employee-facing materials to ensure alignment with the revised law.
- Monitor for Local Ordinance Variations: Verify whether local jurisdictions within Minnesota impose additional ESST requirements and adjust policies accordingly to ensure compliance across all worksites.
