Employee Resources

Sick and Safe Time
Employee Resources

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basic requirements

What does “accrual” mean?

Accrual describes how something increases. As time passes and an employee works more, she accrues more sick and safe time hours.

When does an employee begin to accrue sick and safe time?

After the ordinance takes effect on July 1, 2017, an employee begins to accrue sick and safe time hours whenever she starts working. Although an employee accrues sick and safe time beginning on the first day of work, an employer may record those sick and safe time hours per pay period and prohibit the employee from using sick and safe time during an initial 90 calendar days of employment.

At what rate does an employee accrue sick and
safe time?

The minimum rate at which an employee accrues sick and safe time is one hour for every 30 hours worked.

Scenario:
Julian has worked 120 hours. How many sick and safe time hours has he accrued? Julian has accrued four sick and safe time hours. After 150 hours worked, he will accrue a fifth sick and safe time hour.

DO EMPLOYEES accrue SICK AND SAFE TIME IN HOUR-UNIT INCREMENTS?

Yes. Sick and safe time accrues in increments of whole hours, not fractions of an hour. Upon completion of every 30 hours worked, an employee accrues at least one additional hour of sick and safe time. Employers may exceed this minimum standard by recording time in fractions of an hour if they choose.

Scenario:
Employee Aamina has worked 80 hours. How many hours of sick and safe time has she accrued? She has accrued at least two sick and safe time hours. Her employer may choose to record additional time in fractions of an hour. If Aamina continues, at the end of 1440 hours worked in Minneapolis, she has accrued at least 48 (1440/30) hours of sick and safe time, recorded at least monthly.

MUST AN EMPLOYER ALLOW ACCRUAL WHEN AN EMPLOYEE
IS not working (e.g. ON VACATION OR OUT SICK)?

No. Sick and safe time does not accrue when an employee is not working.

HOW DOES AN EMPLOYEE WHO IS PAID BASED ON PRODUCTIVITY ACCRUE SICK AND SAFE TIME HOURS?

When an employee is compensated based on her productivity, his/her accrual of sick leave is measured by the actual length of time spent performing work.

DO SICK AND SAFE TIME HOURS ACCRUE ON OVERTIME
HOURS WORKED?

For an employee who is not exempt from earning overtime compensation under federal and Minnesota law, sick and safe time hours accrue on all hours worked, including overtime hours worked.

Carryover and Accrual Caps

Does an employee lose accrued and unused sick and safe time hours at the end of the benefit year?

No. Accrued and unused hours of sick and safe time do not expire at the end of the benefit year (unless an employer chooses to front-load sick and safe time hours). An employee’s accrued and unused sick and safe time hours is the employee’s “bank”.

Do unused sick and safe time hours “carry-over” from
year to year?

Yes, employers must “carry-over” each employee’s accrued and unused sick and safe time hours to the following benefit year (unless an employer chooses to front-load sick and safe time hours).

Scenario:
Employee Anthony accrued 30 sick and safe time hours by the end of the first benefit year of his employment. His employer must carry-over these 30 hours into the following benefit year. Employee Anthony may then bank additional hours.

IS THERE A “CAP” ON HOW MANY SICK AND SAFE TIME HOURS AN EMPLOYEE CAN accrue?

Yes. Employers may set a “cap” or “limit” on each employee’s accrual. Employers must allow each employee to accrue at least 48 hours per year, carried over from year to year, until an 80 hour maximum accrual cap is reached. These limits of 48 hours per benefit year and a maximum accrual cap of 80 hours per employee may be higher if an employer chooses, but not lower.

Scenario:
Lyndale Consultants limits its employees’ accrual of sick and safe time at the minimum standard of 80 hours.

Anthony accrued 30 sick and safe time hours by the end of the first benefit year of his employment. These 30 hours carried over into the second benefit year, during which he accrued an additional 48 hours.

What happens during the third benefit year? Anthony accrues an additional two sick and safe time hours (30 hours + 48 hours + 2 hours) before stopping at a limit of 80 hours. He must use some accrued hours in his “bank” of 80 hours before accruing more sick and safe time.

Does the Sick and Safe Time Ordinance require employers to provide 48 hours of sick and safe time to every employee, every year?

Not necessarily. An employee accrues the equivalent of at least one hour of sick and safe time for every 30 hours worked. The minimum required number of hours of sick and safe time that an employee accrues depends upon how many hours she works and whether she has reached employer-set limits of 48 hours per benefit year or 80 hours overall, including accrual and carryover.

use of sick and safe time

Is there a period of time allowed at the beginning of employment when an employee may not use sick and safe time?

Yes, although an employee begins to accrue sick and safe time immediately, an employer may enforce a 90 day period before allowing an employee to use any accrued sick and safe time hours. Following the first 90 calendar days of employment, an employee must be allowed to access sick and safe time as it is recorded. These 90 calendar days of employment may be completed prior to July 1, 2017.

Scenario (a):
Employee Alicia’s first day of work was Aug. 10. At that time, all of her hours worked must count for the purposes of sick and safe time accrual (i.e. her accrual begins to grow immediately). When could she begin to use this sick and safe time? Her employer may require her to wait 90 days, until Nov. 8.

Scenario (b):
As of July 1, 2017, employee Anthony has been employed by the same employer for several years. Must Anthony wait 90 days to use sick and safe time? No, as of July 1, 2017, Anthony has already completed 90 calendar days of employment.

What may an employee use sick and safe time for?

An employee may use her accrued sick and safe time hours to care for her own health or the health of a family member or member of household, or to address issues caused by domestic violence, sexual harassment, or stalking.

What absences qualify as caring for an employee’s
or a family member’s health?

Qualifying absences for health reasons include each of the following:

Diagnosis, treatment, recuperation, or preventative care for a medical or mental health condition, illness, or injury
Medical or mental health emergencies
Closure of an employee’s place of business for public health reasons
Care of a family member or member of household due to unexpected closure of their school or place of care including for inclement weather

What absences qualify as “safe time”?

When an employee or family or household member is experiencing domestic violence, sexual assault, or stalking, the employee may use sick and safe time hours for activities such as:

Medical and psychological counseling
Relocation, victim services, and other safety planning
Seeking a restraining order
Participating in a legal proceeding

May an employee use sick and safe time hours following the birth of a child?

Yes, an employee may use sick and safe time hours during any period of physical or mental recuperation after she gives birth. An employee may also use sick and safe time hours to care for a covered family member after the family member gives birth. An employee may use sick and safe time hours to care for a covered child’s need for medical diagnosis, care, or treatment of an illness, injury, or health condition, or preventive medical or physical care.

May sick and safe time hours be used to care for an
adult over the age of 18?

Yes. No age restriction applies to the care of a family member.

usage monitoring and restrictions

Must an employee specifically ask to use “sick and
safe time?”

No. An employee is not required to specifically ask for “sick and safe time” or reference the Sick and Safe Time Ordinance when requesting sick and safe time hours. Employees simply must state their need for an absence for a reason covered by the Ordinance. It can be as simple as “I am sick and need to miss my shift today.” If an employee calls in sick, the employer should assume the employee intends to use accrued sick and safe time, unless the employee asks the employer to consider another arrangement.

What are some examples of reasonable procedures and methods for notifying an employer of an absence?

Examples of reasonable procedures include instructing the employee to call a designated phone number to leave a message, following a uniform call-in procedure, or using another reasonable and accessible means of communication identified by the employer. An employer must consider the individual facts and circumstances of each situation in determining at what point it is practicable for an employee to give notice.

May an employee trade shifts or work alternative hours instead of using sick and safe time?

Yes. With mutual employer and employee consent, employees may suggest working additional hours or trading shifts instead of using sick and safe time hours. However, the employer may not unilaterally require an employee to work an alternate shift or reduce normally scheduled hours to avoid use of sick and safe time hours.

Are employees required to find their own replacement when they take protected sick and safe time off?

No. An employer may not require an employee to find a replacement to “cover a shift” as a condition for using sick and safe time.

Does an employee have to provide documentation for use of sick and safe time?

An employer may not link approval or compensation to the employee providing documentation from a third party such as a medical professional, unless there is clear evidence of misuse or the employee’s absence is more than three consecutive workdays.

Scenario:
Employee Alicia has now been out of work four consecutive days because of illness. May Alicia’s employer require her to submit documentation from the doctor? Yes, Alicia’s employer may condition approval and compensation of sick and safe time hours on evidence that Alicia indeed consulted a doctor because she has been out for more than three consecutive days.

scope of coverage and applicability

when is an employee covered by the sick and safe
time ordinance?

Employees who typically work at least 80 hours in a benefit year within the geographical boundaries of Minneapolis are covered under the Sick and Safe Time Ordinance. Employees who only drive through the city are not covered even though this occurs during an employee’s work hours. An employee accrues sick and safe time hours only while physically located within Minneapolis and performing work for the employer.

ARE NONPROFIT EMPLOYERS COVERED UNDER THE SICK AND SAFE TIME ORDINANCE?

Yes.

IS THE CONSTRUCTION INDUSTRY EXEMPT?

No. However, construction industry employees or registered apprentices are not covered under the Sick and Safe Time Ordinance when paid the applicable prevailing wage rate as calculated by the Minnesota Department of Labor and Industry. See http://www.dli.mn.gov/ls/prevwage.asp for more information.

Are employees covered by the terms of a collective bargaining agreements exempt?

No. Employers operating under a collective bargaining agreement (CBA) must meet at least the minimum requirements of the ordinance. Employers that do not meet the minimum requirements as of July 1, 2017 are in violation of the ordinance.

The MDCR recognizes that employers operating under a CBA that does not meet the minimum requirements of the ordinance on July 1, 2017 may seek an amendment or supplemental agreement with a labor organization to their CBA. Letters of agreement or memoranda of understanding are often used for such purposes, at the discretion of the employer and union.

Employers operating under a CBA that does not meet the minimum requirements of the ordinance on July 1, 2017 may use the first year of enforcement, until July 1, 2018, to make necessary changes or new agreements. This does not constitute a legal exemption. Rather, it is more accurately described as a grace period from enforcement action during which the Department of Civil Rights will exercise discretion, provided the employer is negotiating with a labor union in good faith.

A checklist of Sick and Safe Time Ordinance requirements is available at http://www.minneapolismn.gov/www/groups/public/@citycoordinator/documents/webcontent/wcmsp-187583.pdf.

Does the Sick and Safe Time Ordinance cover employees regardless of their immigration status?

Yes. All employees who work in Minneapolis – no matter their status under federal immigration law – have legal rights under the Minneapolis Sick and Safe Time Ordinance. The Minneapolis Department of Civil Rights will process an employee's report of suspected violation without regard to his or her immigration status. An employee filing a report will not be questioned about his or her immigration status.

enforcement

What happens if an employer’s written policies
include sick and safe time off work but, in practice,
the employer’s actions dissuade employees from
using it?

Retaliation against an employee for exercising or attempting to exercise any rights available to her under the Sick and Safe Time Ordinance is strictly prohibited. Retaliation is any act that would dissuade a reasonable employee’s use of sick and safe time. Material changes in job classification, duties or hours, formal disciplinary action such as documented warnings or suspension, the accumulation of points under an attendance point system, or employment termination may be considered retaliatory. Aggressive enforcement to protect employees’ rights will be pursued by the MDCR in these types of cases.

Entire Sick and Safe Time FAQs
If you would like to read the complete Sick and Safe Time FAQs, please download the file in the Download Center above.

How can Sick and Safe Time be used?

Treatment, recuperation, or preventative care for a medical or mental health condition, illness, or injury of the employee or covered family member
To seek law enforcement, counseling, or other services for domestic abuse, sexual assault, or stalking suffered by the employee or covered family member
Care for family member during emergency closure of school or place of care, including for inclement weather

Sick and Safe Time FAQs
The frequently asked questions document, available in the Download Center, provides more detailed and practical information.

Rules
The rules, available in the Download Center, govern the procedure that the Minneapolis Department of Civil Rights will follow to enforce the ordinance.

Employee Checklist
The Employee checklist in the Download Center summarizes your rights to sick and safe time.

Required Notice Poster
The Sick and Safe Time Ordinance required notice poster must be displayed where you can easily read it in any/all languages needed by 5% or more of employees. Download the poster in the Download Center.

Overview:

Intro in various languages: