Bloomington, Minnesota Earned Sick and Safe Time Ordinance Takes Effect July 1, 2023

What Changed

The City of Bloomington, Minnesota enacted an Earned Sick and Safe Time (ESST) ordinance that takes effect July 1, 2023. The ordinance requires covered employers to allow eligible employees to accrue and use paid sick and safe leave for a variety of health and safety-related reasons.

Key provisions include:

• Employees accrue one hour of leave for every 30 hours worked, up to a maximum of 48 hours per year

• Leave can be used for the employee's own illness or medical care, to care for a family member, or for safety-related needs (domestic violence, sexual assault, stalking)

• Employees can begin using accrued leave 90 days after their start date

Who Is Affected

• Full-time, part-time, and temporary employees who work within the Bloomington city limits for 80 hours or more in a year are eligible

• Employers with 5 or more employees must provide paid sick and safe time

• Employers with fewer than 5 employees must provide unpaid sick and safe time (though they may choose to make it paid)

• The employee count is based on the average number of employees per week during the previous calendar year

Where It Applies

City of Bloomington, Minnesota only. This is a local ordinance that applies to employees who perform work within Bloomington city limits, regardless of where the employer is headquartered. Employers with employees working across multiple Minnesota jurisdictions should track which employees are covered by Bloomington's ordinance separately.

Note: Minnesota also passed a statewide Earned Sick and Safe Leave law (effective January 1, 2024) that will provide broader coverage. Bloomington's ordinance applies in the interim and may continue to apply where its provisions are more generous.

When It Takes Effect

July 1, 2023. Employees hired on or after this date can begin using accrued leave 90 days after their start date.

Why It Matters

Bloomington joins Minneapolis and St. Paul as Minnesota cities with local sick and safe time ordinances. For employers with employees working across multiple Minnesota cities, tracking different local requirements can be complex. The upcoming statewide law (effective January 1, 2024) will provide a baseline, but local ordinances that offer greater benefits will remain in effect.

Enforcement is complaint-based, but the city also has broad authority to proactively investigate possible violations and issue fines. Repeat or intentional violators face harsher penalties, including potential revocation of business licenses.

The Humareso Take

If you have employees working in Bloomington, you need to be tracking their hours and accruals separately if your company-wide policy does not already meet or exceed these requirements. The good news is that Minnesota's statewide ESST law kicks in on January 1, 2024, which will simplify things for multi-city employers. In the meantime, treat Bloomington's ordinance as a preview of what is coming statewide and get your systems in order now.

Recommended Action Steps

1. Determine which employees work within Bloomington city limits for 80 or more hours per year.

2. Set up accrual tracking for covered employees at the rate of one hour per 30 hours worked, capped at 48 hours per year.

3. Update your employee handbook to include Bloomington's ESST provisions for covered employees.

4. Train managers on the new leave requirements, including eligible uses and the prohibition on retaliation.

5. Prepare for Minnesota's statewide ESST law (effective January 1, 2024) by aligning your policies now.

6. Contact your Humareso representative for help setting up compliant leave tracking and policy language.