Minnesota Extends Certain Protections to Employer Paid Time Off Programs When Used for Sick & Safe Purposes

By: HUB's Absence Management Team

Earlier this year, Minnesota legislators adopted amendments to the Earned Sick and Safe Time law. One amendment is the first of its kind in the state-mandated paid sick leave realm. Beginning January 1, 2025, employers will be required to extend the same protections and rights that are outlined in the Earned Sick & Safe Time law when any company paid time off accrual is used for an ESST-qualifying reason.

Overview

In January 2024, the Minnesota Earned Sick & Safe Time law (ESST) went into effect, providing workers 1 hour of protected leave time for every 30 hours worked, which can be used for themselves or a family member for qualifying reasons. Legislators adopted amendments to the law in May that clarified certain administrative practices for employers, as well as the definition of covered employees and the reasons employees may utilize their state accruals. A full list of these changes can be found here.

ESST Application to Other Time Off

Beginning January 2025, employers will be required to extend the protections offered by the ESST law when employees use other forms of paid time off (PTO) for specific reasons. The Department of Labor and Industry indicates: 

“If an employer provides employees with [PTO] or other paid leave that is more than the amount required under the ESST law for absences due to personal illness or injury, the additional PTO must meet the same requirements as the ESST hours, other than the ESST accrual requirements, when it used for an ESST-qualifying purpose.” 

In short, the law prohibits employers from imposing requirements on employees that are more restrictive than what ESST allows, when administering PTO for ESST-qualifying reasons. With that in mind, employers should consider the following requirements as outlined by the Department of Labor and Industry.

Notice Requirements

An employer may require notice of up to seven days in advance when the need to use ESST is foreseeable. If the need is unforeseeable, an employer may require notice as soon as practicable. If an employer requires notice, it must have a written policy regarding notice procedures and must provide a written copy of the policy to employees; if the policy is not provided to employees, then an employer cannot deny use of ESST to an employee on the grounds that the employee did not follow the notice policy.

Documentation Requirements

An employer may require an employee to provide reasonable documentation of ESST use only when more than three consecutive scheduled workdays of ESST are used. If the employee is unable to secure the requested documentation, in most cases the employee may supply the employer with a written statement indicating the employee is using or used ESST for a qualifying purpose. 

Anti-Retaliation

Employers cannot have policies or practices that adversely impact employees specifically for using ESST. 

Replacement Workers

Employers are prohibited from making employees find replacement workers as a condition of using ESST.

Next Steps

Employers should review their PTO policies to determine which of their company accruals may be affected by this amendment and make applicable updates regarding employee rights and responsibilities when company PTO is used for ESST-qualifying reasons. Managers should be informed of these updates as to not interfere with employees’ rights to protected time off.

If you have any questions, please contact your HUB Advisor. View more Workforce Absence Management updates in our WAM Bulletins page.

NOTICE OF DISCLAIMER
Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.