Safe and Sick Leave
Understanding Sick and Safe Time in Minnesota
What is Sick and Safe Time?
In Minnesota, sick and safe time is a mandated form of paid leave employers must provide their employees. This leave can be utilized for a variety of reasons, including personal or family member illness, and circumstances involving domestic abuse. This ensures that employees do not have to choose between their health (or safety) and their livelihood.
Who is Eligible?
To qualify for sick and safe time, an employee must:
- Work at least 80 hours per year for an employer in Minnesota;
- Not be classified as an independent contractor.
This eligibility extends to temporary and part-time employees as well. However, building and construction industry employees are exempt if they are represented by a union, and a collective bargaining agreement waiving these rights is in place.
How Much Leave Can Employees Earn?
Employees earn one hour of sick and safe time for every 30 hours worked, with an annual cap of 48 hours, unless an employer opts to allow more. This accrued time ensures employees have adequate coverage without imposing undue burden on employers.
Payment for Sick and Safe Time
The leave must be paid at the same hourly rate the employee normally earns during work hours. This provision ensures that employees’ earnings are not adversely affected during their absence.
Permitted Uses for the Leave
The scope of use for sick and safe time is broad, allowing employees to use their leave for:
- Their own or a family member’s mental or physical illness, treatment, or preventive care;
- Situations involving domestic abuse, sexual assault, or stalking affecting the employee or a family member;
- Closures of the workplace or a family member’s school/care facility due to weather or public emergencies;
- Public health emergencies involve the employee or a family member at risk of spreading a communicable disease.
Who Counts as Family?
The definition of “family” for this purpose includes a wide array of relations such as children, spouses, siblings, parents, grandparents, and even individuals who are equivalent to family. Employees also have the option to designate one individual annually who may not be a legal or biological relative.
Additional Employer Responsibilities
Employers must not only provide the leave but must also keep transparent records. They must track and report hours accrued and used, and inform employees of their rights under this policy through notices both at the start of employment and within employee handbooks.
Integration with Local Ordinances
Statewide law will be coming into effect on January 1, 2024; employers will need to comply with the most protective law applicable to their employees, ensuring maximum benefits for all.
By instituting these measures, Minnesota aims to protect and promote the well-being of workers across the state, recognizing the profound impact that health and safety have on overall productivity and community welfare.