Minnesota Earned Sick and Safe Time (ESST) Law: Empowering Employees, Ensuring Well-being

Effective January 1, 2024, the Minnesota Earned Sick and Safe Time (ESST) Law marks a pivotal step towards prioritizing employee welfare. Here are the key facets to guide both employers and employees:

Eligibility

1. ESST applies to all employees clocking a minimum of 80 hours annually for a Minnesota employer
2. Inclusive of temporary, seasonal, casual, and part-time employees.
3. Not applicable to independent contractors.

Accrual

1. Earn 1 hour of ESST for every 30 hours worked, maxing at 48 hours yearly (unless employers opt for more).
2. Flexible accrual methods: accrual, frontloading, or a combination.

Reasons for ESST Use

1. Physical or mental health concerns, medical treatment, or preventive care for the employee or family.
2. Addressing domestic violence, sexual assault, or stalking impacting the employee or family.
3. Coping with workplace closure due to weather or public emergencies.
4. Attending to family members when their school or care facility is closed.
5. Managing the risk of infecting others with a communicable disease

Payout

1. Receive regular hourly rate for ESST time used.
2. There is no mandatory payout for unused ESST upon employment separation (exceptions for rehire scenarios).

Other Key Points

1. Employers must furnish an earnings statement with ESST details each pay period.
2. A notice outlining ESST rights and responsibilities is mandatory for employees.
3. Strict prohibition against retaliatory actions for ESST usage.
4. Building and construction industry employees may be exempt through collective bargaining agreements.

Learn More

1. Explore the Minnesota Department of Labor and Industry website at dli.mn.gov/sick-leave for in-depth insights and specifics.

In embracing the Minnesota ESST Law, we foster a workplace culture that values health, security, and equitable treatment for all. For clarifications or additional information, visit the website or consult your HR department. Together, let’s ensure a harmonious and supportive work environment. Please contact Jfoust@scottcountycda.org for more information.