We are continuing our walk down this year’s uncharacteristically eventful legislative session, breaking down all the new laws that will impact employers across this great state.  You can check out any of our previous posts on wileyreberlaw.com/blog.  This week, we discuss Minnesota’s new paid sick leave laws, effective for all employers across the state!

The new law will provide covered employees with up to 48 hours of paid leave per year.  It can be taken for a number of reasons, including when the employee or their family member is sick, or to seek assistance if they or a family member were the victims of domestic abuse.  There are also several reasons related to public health emergencies where an employee reporting to work would be dangerous to the individual or co-workers.

Employees are covered by the sick leave law if they work at least 80 hours in a year for a Minnesota employer – that includes part-time and temporary employees.  However, independent contractors, airline staff, and employees who work less than a majority of their hours in Minnesota in a calendar year are not considered covered employees under the law.

The list of family members for which an employee may use this sick leave is…extensive:

• The employee’s child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or a child to whom the employee stands in loco parentis;
• The employee’s spouse or registered domestic partner;
• The employee’s sibling, stepsibling, or foster sibling;
• The employee’s biological, adoptive, or foster parent, stepparent, or a person who stood in loco parentis when the employee was a minor child;
• The employee’s grandchild, foster grandchild or step-grandchild;
• The employee’s grandparent or step-grandparent;
• A child of the sibling of the employee;
• A sibling of the employee’s parents;
• A child-in-law or sibling-in-law;
• Any family members of the employee’s spouse or registered domestic partner
• Any individual related by blood or whose close association with the employee is the equivalent of a family relationship;
• Up to one individual annually designated by the employee.

Employees accrue one hour of sick leave for every 30 hours worked, up to a maximum of 48 in a year.  Employees are allowed to carry over sick leave balances, but those balances can be capped at 80 hours.  If an employer chooses to frontload 48 hours of sick leave per year, they can cash out the employee’s remaining balance of sick leave at the end of each year.

Employers are required to provide notice to employees of their ESSL rights as early as January 1, 2024, as that is when employees begin to accrue leave.  If employers already provide sick leave, they must make sure their accepted uses of sick leave are consistent with the new law. It is likely that a current policy is not as broad with respect to the employee’s relationship as the new Minnesota law.

With the number of new laws coming out in the next two years, it is imperative for employers to be on top of their games and be organized when they take effect.  If you, or your organization, need assistance in adapting to the new world of employment law in the state of Minnesota, contact Wiley Reber Law, for legal advice that works.