Minnesota Earned Sick and Safe Time (ESST)

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Effective January 1, 2024

Sick and safe time is paid leave employers must provide employees in Minnesota that can be used for certain reasons, including when an employee is sick, to care for a sick family member or to seek assistance if an employee or their family member has experienced domestic abuse, sexual assault or stalking.

Eligibility and Amount
Beginning January 1, 2024 an employee will earn one hour of sick and safe time for every 30 hours worked and can earn a maximum of 48 hours each year. A year is defined as a calendar year.

Rate of Accrual
1 hour of sick pay for every 30 hours worked beginning with the first day worked.

Eligibility
Full-time, Part-time, and Temporary workers are eligible.

Unused Sick Leave

• Unused can be carried over into next year. However, at no time can an employee’s ESST exceed 80 hours.

• Unused accrued sick time will not be paid out at the end of employment

• Unused accrued sick time, will be reinstated if an employee is rehired within 180 days.

• Unused accrued sick time will be retained if employee transfers divisions or locations within Minnesota.

Terms of Use
ESST may be used for the following purposes:

1. The employee’s mental or physical illness; treatment or preventive care;

2. A family member’s mental or physical illness, treatment or preventive care;

3. Absence due to domestic abuse, sexual assault or stalking of the employee or family member;

4. 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;

5. When determined by a health authority or health care professional that the employee or family member is at risk of infecting others with a communicable disease.

6. Make funeral arrangements, attend a funeral service or memorial or address financial or legal matters that arise after the death of a family member.

When an employee is absent for an event covered under ESST; ESST time must be used. When an employees’ ESST has been exhausted, the PLT policy will apply.

Family Member Definition:

• Their child, including foster child, adult child, legal ward, child for who the employee is legal guardian or child to whom the employee stands or stood in loco parentis (in place of parent);

• Their spouse or registered domestic partner;

• Their sibling, stepsibling, or foster sibling;

• Their biological, adoptive or foster parent, stepparent, or a person who stood in loco parentis (in place of parent);

• Their grandchild, foster grandchild, or step-grandchild;

• Their grandparent or step-grandparent

• A child of a sibling of the employee: a sibling of the parents of the employee;

• A child-in law or sibling-in-law;

• Any of the family members (listed above) of an employee’s spouse or registered domestic partner;

• Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship;

• And up to one individual annually designated by the employee.

Advance notice is required when the use of ESST is foreseeable. If the need is unforeseeable, the employee must communicate prior to the start of shift.

Documentation may be required if an employee uses ESST for more than two consecutive work days.