Starting on January 1, 2024, there is a new law in effect in Minnesota for those with employees. Employees who work at least 80 hours per year need to be provided with paid time off to take care of themselves or family members when they are sick or for other time off requests including school closures and safety issues.
An employer can require their employees to provide up to seven days of advanced notice before taking leave, when possible. The employer can also require employees to provide documentation for their reason of use for more than three consecutive days of leave time.
From the Minnesota Department of Labor and Industry:
- Employers must provide each employee in Minnesota with 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 in 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.
Frontloading vs. accrual
“Front loading” of ESST hours allows employers to record the accrual of ESST once a year and avoid carry-over of hours from year to year. Some employers may want to use this method to reduce the calculations and recordkeeping required for accrual by pay period (weekly, biweekly, twice monthly or monthly).
Employers may choose whether hours will accrue each pay period or be “front loaded” at the start of each year. Option 1 allows for carryover, but employers can avoid carryover requirements by using either Option 2 or 3.
- Option 1. Accrual and carryover:
- Employees begin accruing ESST from their first day of employment.
- ESST accrues at a rate of at least one hour for every 30 hours worked.
- Employees can accrue a minimum of up to 48 hours of ESST in a year (more if the employer agrees to a higher amount).
- Employees can carry over unused ESST into the next year. However, at no time can an employee’s accrued ESST exceed 80 hours (unless the employer agrees to a higher amount).
- Option 2. Front loading with payout and no carryover:
- A minimum of 48 hours of ESST is provided to an employee and made available for immediate use at the start of each year.
- Unused ESST hours are paid out at the end of the accrual year at the employee’s hourly rate.
- Option 3. Front loading with no payout and no carryover:
- A minimum of 80 hours of ESST is provided to an employee and made available for immediate use at the start of each year.
- The ESST hours the employee did not use are not paid out at the end of the accrual year.
What is a “year” for purposes of the ESST law?
A “year” is any consecutive 12-month period of time as determined by an employer and that is clearly communicated to employees. Most employers will find it helpful to use one of the following: calendar year (Jan. 1 through Dec. 31); tax year; fiscal year; or year based on the employee’s anniversary date of employment.
While the employer may determine the accrual year, it is important to note that all employees must either start accruing hours by Jan. 1, 2024 or have at least 48 hours front-loaded by Jan. 1, 2024.
Please check out the Minnesota Department of Labor and Industry for more detailed information.