Minnesota Enacts Statewide Earned Sick and Safe Time Law

What Changed

Minnesota enacted a statewide Earned Sick and Safe Time (ESST) law as part of Senate File 3035 (SF 3035), requiring all employers to provide paid sick and safe time to employees. Key provisions include:

• Employees accrue one hour of ESST for every 30 hours worked

• Employers may cap accrual at 48 hours per year

• ESST can be used for the employee's own illness, a family member's illness, domestic abuse, sexual assault, stalking, safety needs, and other qualifying reasons

• Employers must provide notice of the law to employees at the start of employment and include it in the employee handbook

Who Is Affected

All employers with one or more employees working in Minnesota are covered — there is no minimum employer size threshold. Employees who work at least 80 hours per year in Minnesota must be permitted to accrue ESST. This includes part-time, temporary, and seasonal workers.

Where It Applies

Minnesota statewide. Note that several Minnesota cities — Minneapolis, St. Paul, and Bloomington — have their own local ESST ordinances that may contain different or additional requirements. Duluth previously had its own ordinance but has since rescinded it in light of the statewide law. Employers with employees in multiple Minnesota cities should review each applicable ordinance.

When It Takes Effect

January 1, 2024. Employers must provide written notice to employees of their ESST rights by this date (or at the start of employment for employees hired after January 1, 2024). Notice must be provided in the employee's primary language if it is not English.

Why It Matters

Minnesota's ESST law applies broadly — the one-employee threshold means virtually every employer in the state is covered. Penalties for violations are significant: courts must award treble compensatory damages (including damages for mental anguish), and the previous $25,000 damages cap has been removed. Employers who fail to allow ESST use are liable for the value of denied leave plus an equal amount in liquidated damages, and may face additional punitive damages.

Employers must also include ESST accrual and usage information on earnings statements each pay period.

The Humareso Take

Minnesota went big on this one. The combination of a one-employee threshold, treble damages, and no damages cap means the exposure for non-compliance is real. If you have any employees in Minnesota — even one part-time worker — you need a policy, you need the notices, and you need your payroll system set up to track accrual and usage. Do not forget the language access requirement for the notice; failure to provide it in the employee's primary language is a separate violation.

Recommended Action Steps

1. Develop an ESST policy or update your existing sick leave policy to comply with Minnesota's accrual, usage, and carryover requirements.

2. Provide written notice to all Minnesota employees of their ESST rights by January 1, 2024, in English and in each employee's primary language.

3. Update your employee handbook to include the required ESST information.

4. Configure payroll systems to track ESST accrual and usage, and display balances on earnings statements each pay period.

5. Train managers and supervisors on the permitted uses of ESST and the prohibition against retaliation.

6. Contact your Humareso representative for a compliance review of your Minnesota leave policies and notice obligations.