What Can Minnesota ESST Be Used For?

ESST can be used for the following reasons:

• 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 a family member is at risk of infecting others with a communicable disease.

Definition of Family Member under Minnesota ESST.

The definition of “family member” is very broad and will include the following:

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.

A Few More Details.

Minnesota ESST must be paid at the same hourly rate an employee earns when they are working. Employees are NOT required to find a replacement for their shift when using ESST. Employers must allow employees to use ESST in the smallest increment generally tracked by their payroll process.

Employers must include the total number of earned sick and safe time hours 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. Connect with your payroll administrator to make sure your paystubs/earning statements will include this required information.

Employers were required to provide employees with a notice by 1/1/2024 (or at the start of employment, whichever is later). The Minnesota Department of Labor and Industry has created a uniform employee notice, which is available as a free download. Additionally, remember to include a sick and safe time notice in your employee handbook.

If an employee leaves and is reinstated within 180 days, they have access to their ESST levels before separation. Finally, the law does not require ESST hours to accrue if an employee is not working (for example, the employee is on vacation or out sick).

Minnesota Ordinances.

Earned Sick and Safe Time ordinances currently exist in Minneapolis, St. Paul, and Bloomington (the Duluth ESST ordinance was rescinded in 2023). Employers must follow the most protective law that applies to your employees.