5.4b ERMU 12-12-2023WHAT IS SICK AND SAFE TIME?
Sick and safe time is paid leave employers must provide to employees in Minnesota that
can be used for certain reasons, including when an employee is sick, to care for a sick family
member or to seek assistance if an employee or their family member has experienced
domestic abuse.
WHO IS ELIGIBLE?
An employee is eligible for sick and safe time if they:
• work at least 80 hours in a year for an employer in Minnesota; and
• are not an independent contractor.
Temporary and part-time employees are eligible for sick and safe time. Sick and safe time requirements will not
apply to building and construction industry employees who are represented by a building and construction trades
labor organization if a valid waiver of these requirements is provided in a collective bargaining agreement.
HOW MUCH LEAVE CAN EMPLOYEES EARN?
An employee earns one hour of sick and safe time for
every 30 hours worked and can earn a maximum of 48
hours each year unless the employer agrees to a higher
amount
AT WHAT RATE MUST THE LEAVE BE PAID?
Sick and safe time must be paid at the same hourly rate
an employee earns when they are working.
WHAT CAN THE LEAVE BE USED FOR?
Employees can use their earned sick and safe time for
reasons such as:
• the employee's mental or physical illness,
treatment or preventive care;
• a family member's mental or physical illness,
treatment or preventive care;
• absence due to domestic abuse, sexual assault or
stalking of the employee or a family member;
• closure of the employee's workplace due to
weather or public emergency or closure of a family
member's school or care facility due to weather or
public emergency; and
• when determined by a health authority or health
care professional that the employee or family
member is at risk of infecting others with a
communicable disease.
WHICH FAMILY MEMBERS ARE INCLUDED?
Employees may use earned sick and safe time for their
following family members:
1. their child, including foster child, adult child,
legal ward, child for whom the employee is legal
guardian or child to whom the employee stands or
stood in loco parentis (in place of a parent);
2. their spouse or registered domestic partner;
3. their sibling, stepsibling or foster sibling;
4. their biological, adoptive or foster parent,
stepparent or a person who stood in loco parentis
(in place of a parent) when the employee was a
minor child;
5. their grandchild, foster grandchild or step -
grandchild;
6. their grandparent or step -grandparent;
7. a child of a sibling of the employee;
8. a sibling of the parents of the employee;
9. a child -in-law or sibling -in-law;
10. any of the family members listed in 1 through
9 above of an employee's spouse or registered
domestic partner;
11. any other individual related by blood or whose
close association with the employee is the
equivalent of a family relationship; and
12. up to one individual annually designated by the
employee.
- more -
WHAT ADDITIONAL SICK AND SAFE TIME RESPONSIBILITIES DO EMPLOYERS HAVE?
In addition to providing their employees with one hour of paid leave for every 30 hours worked, up to at least 48
hours each year, employers are required to:
• include the total number of earned sick and safe time hours accrued and available for use, as well as the total
number of earned sick and safe time hours used, on earnings statements provided to employees at the end of
each pay period;
provide employees with a notice by Jan. 1, 2024 — or at the start of employment, whichever is later — in English
and in an employee's primary language if that is not English, informingthem about earned sick and safe time; and
include a sick and safe time notice in the employee handbook, if the employer has an employee handbook.
The Minnesota Department of Labor and Industry will prepare a uniform employee notice that employers can use
and will make it available in the five most common languages spoken in Minnesota.
CURRENT SICK AND SAFE TIME LOCAL ORDINANCES
Earned sick and safe time local ordinances already exist in the cities of Bloomington, Duluth, Minneapolis and St.
Paul, Minnesota. When Minnesota's statewide earned sick and safe time law goes into effect Jan. 1, 2024, employers
must follow the most protective law that applies to their employees.
00
Sick time Safe time
For physical or To address domestic
mental health abuse, sexual assault
conditions, illness or stalking
or injury
DEPARTMENT OF
LABOR AND INDUSTRY
Labor Standards • 443 Lafayette Road N. • St. Paul, MN 55155
651-284-5075 • 800-342-5354 • dli.mn.gov • dli.laborstandards@state.mn.us
Notice: This is a brief summary of Minnesota law. It is intended as a guide and is not to be considered a substitute for Minnesota Statutes regarding earned sick and safe leave.