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Hello from the State Capitol,
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A number of you may recall a law that was approved by Democrat leadership this session that will have an impact on all business owners big and small. If you employ at least one individual, read on as you are going to need to prepare to meet this new state statute.
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The Earned Sick and Safe Time law requires all employers of any size?to offer full paid time off.? It must be accrued in a specific format for an expanded list of qualifying events. Employers should also note that this law requires them to implement new record keeping. Should they choose not to, they will face substantial fines and liability.
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So what is Earned Safe and Sick Time? Here are some of the new parameters:
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Earned Sick and Safe Time Requirements
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- Mandates all Minnesota employers provide up to six days of paid leave per year per employee.
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- Employees earn one hour of paid leave for every 30 hours worked ? up to a maximum of 48 hours. If an employee works full time (240 days = 1,920 hours) every employee will reach six full days of paid leave as you only must work 1,440 hours to reach that goal.
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- Accrual begins when a qualified employee begins employment and may be used as it is accrued. Salaried employees, who are exempt from the provisions of federal overtime laws, are deemed to work 40 hours per week for purposes of ESS accrual.
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- Employers must allow employees to carry over accrued but unused ESS time from year to year ? not to exceed a maximum of 80 hours ? unless they pay out those hours or provide a more generous policy.
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- Alternatively, employers may pay an employee for their accrued but unused ESS at their regular hourly rate at the end of the year and provide the employee with a bank of at least 48 hours of ESS available for immediate use in the following year. That employee will not accrue additional ESS for that year under this section unless the employer provides for a more generous policy.
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- Requires an employer to keep accurate records about hours worked and the accrual and use of ESS time, and allows an employee to view that employee?s records, and increases the maximum penalty for employers who fail to submit required records to the Department of Labor and Industry from $1,000 to $10,000 per violation.
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Eligible Use of Earned Sick and Safe Time
- The employee?s mental or physical illness, treatment, or preventative care;
- Care of a sick family member or a family member in need of preventative care or treatment;?
- Absence related 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;
- Inability to telework due to an employer?s policy or while seeking a medical diagnosis or testing for a communicable disease related to a public emergency at the employer?s request or after the employee?s exposure;
- A health care provider determines the employee, or a family member is at risk of infecting others with a communicable disease. Employees receive their regular hourly rate of employment for ESS time.
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The new law goes into effect on January 1, so employers may want to take the time now to investigate this new statute and prepare accordingly. For more information on the Earned Safe and Sick law, visit the state?s website by clicking here.
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Marj
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