Minneapolis and St. Paul Sick & Safe Ordinance
The cities of Minneapolis and St. Paul have instituted a new Sick & Safe Leave Ordinance that is effective July 1st, 2017. If you have further questions, please contact Leah Davis, President of AEM Workforce Solutions.
Summary of Minneapolis and St. Paul Employee Sick and Safe Leave Ordinances Effective July 1, 2017
Who Is Affected?
- ALL St. Paul based employers with employees working within the City of St. Paul. Those with less than 24 employees have until January 2018 to comply.
- ALL Minneapolis employers must accrue and record Safe and Sick Time for eligible employees, however, only employers with more than 5 employees must provide PAID leave when the time is used.
Who is an Employee?
Any person receiving W2 wages and working 80 or more hours per year in Minneapolis/St. Paul for the employer.
When is Sick and Safe Leave Time Accrued?
Employees begin accruing at the beginning of employment, or July 1, 2017, whichever is later, and shall earn 1 paid hour (at their standard hourly rate) for every 30 hours worked.
How Much Sick and Safe Leave Time is Accrued/Allowed?
- Employees can accrue up to 48 hours of sick and safe leave per calendar year (no fraction of hour accruals are allowed).
- Carryover of unused sick and safe time cannot be limited but employees cannot have an accrued balance of more than 80 hours at any time (unless the employer allows for more).
When is Sick and Safe Leave Time Available for Use?
Earned sick and safe time must be available to use after 90 days of employment.
What can Sick and Safe Leave Time be used for?
- Personal illness (mental or physical)
- Family illness (mental or physical
- Absence due to domestic abuse, sexual assault, or stalking of employee or employee’s family member provided the employee is using the time to seek help or safety
- The closure of the employee’s place of business by order of a public official to limit exposure to an infectious agent, biological toxin or hazardous material or other public health emergency.
- To accommodate the employee’s need to care for a family member whose school or place of care has been closed by order of a public official to limit exposure to an infectious agent, biological toxin or hazardous material or other public health emergency.
- To accommodate the employee’s need to care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected closure.
- Unused Safe and Sick Time is NOT required to be paid out upon termination
What if an Employer Already Has a Vacation/Sick/PTO Policy?
Employers with pre-existing paid time off programs are allowed to continue applying their current policies as long as the pre-existing program offers the same or better benefit to employees. Areas to watch:
- Ensure part time employees are accruing sick and safe time if they are working more than 80 hours per year.
- Ensure employees are allowed to request and use earned time in all qualifying circumstances (i.e. domestic abuse, closure of school or place of care, etc.)
- Ensure that employer can produce records of compliance and that record retention meets requirements
What are the Employer Recordkeeping and/or Reporting Requirements?
- Employee accrual, use, and balance information must be available to employees upon request.
- Employers must post an employee notice (in multiple languages if necessary) in a conspicuous and accessible place in each location where employees are working.
- Employers must retain work hours, accrual, and employee use information for 3 years
- Employers must retain, in a confidential medical file, all records and documents related to medical certifications, re-certifications, or medical history used to document need for leave.
Where Do I Find More Information?