Minnesota launches employers into ESSL for 2024

EARNED SICK AND SAFE LEAVE is here.

Effective January 2024, the new ESSL provisions do not preempt other local paid sick leave laws but are similar to Saint Paul, Bloomington, Minneapolis (which take effect July 1, 2023). All W2 employees are covered including part-time and temporary employees when performing work for their employer at least 80 hours per year (1099s are not covered). Covered Employers include any business with one or more employees. Accrual rate is up to 48 hours of ESSL per year, though employers may grant more. Employees accrue one ESSL hour for every 30 hours worked. Exempt employees are assumed to work 40 hours in each workweek for purposes of accruing ESSL, unless their week is defined as less than 40 hours. Employees may carry over any unused ESSL from year to year, but the employer can cap it at 80. In lieu of permitting carry over, employers may front-load ESSL. A “year” is any consecutive 12-month period, as determined by the employer who shall communicate it to employees (ie: calendar year, work anniversary, fiscal year, etc.). Employees begin accruing sick and safe time when they start employment.

Employees can use ESSL:

> For the employee’s (or their family member’s) mental or physical illness or injury, or preventive care

> For absence due to dealing with domestic abuse, sexual assault, or stalking of the employee or family member

> For closure of the employee’s or family member’s place of business due to weather, public emergency

> When the employee cannot work or telework because the employer prohibits them from going to work because of health concerns related to the potential transmission of a communicable illness related to a public emergency

> When health authorities or professionals say their presence would jeopardize the health of others due to exposure to a communicable disease, whether or not the employee or family member has actually contracted the disease.