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Minneapolis Labor Standards Posters (click below to download): Employees are entitled to be provided bona fide access to paid sick and safe time (or equivalent leave).
Employers may comply with one of the following (or more generous) options: (1) crediting employees with Sick and Safe Time (or equivalent leave) at a rate of 1 hour per 30 hours worked (capped at 48 per year and 80 overall), and carrying over any unused balances into subsequent years; (2) front-loading a lump sum of 48 hours for the first year of the employee’s employment and 80 hours available at the beginning of every year thereafter (i.e. 80 hours overall) with no carryover; or (3) front-loading a lump sum of 48 hours every year and paying out any unused hours at the end of every year. At the end of each pay period, employers must provide employees with the number of earned sick and safe time hours: (1) used by the employee during the pay period and (2) available for future use. Business Technical Assistance The City now offers compliance assistance through City staff ([email protected]) or through the Neighborhood Development Center. The City also contracts with local non-profit organizations to provide entrepreneur consulting. Contact B-TAP staff for more information at (612) 673-5010 or [email protected]. Visit the business portal to navigate all city services for small businesses. Licensed Food Businesses The Sick and Safe Time ordinance does not prevent City-licensed food businesses from asking a sick employee about their symptoms and logging that information when the MN Food Code requires it. See more details about this requirement here. Sick and Safe Time FAQs The frequently asked questions document, available in the Download Center, explains how the Minneapolis Department of Civil Rights may guide its personnel in interpreting the Minneapolis Sick and Safe Time Ordinance. Sample Policy Employers must maintain a policy and provide it to newly hired employees, outlining the sick and safe time (or equivalent leave) provided by the employer and terms governing its usage. A Minnesota Department of Labor and Industry sample template sick and safe time “employee sick and safe time notice” is available for compliance ease-of-use with both the state (ESST) law and city ordinance; however, employers may use their own version. Employers are also encouraged to adopt even more generous policies or incorporate sick and safe time into existing policies (e.g. a PTO policy). Employer Checklist Does your current paid time off plan meet the requirements of the City of Minneapolis Sick and Safe Time Ordinance? To learn more view or print the Employer Checklist in the Download Center. Accrual and Use Tracking Spreadsheet This tool can help you identify an employee's leave balance using the accrual method of 1 hour earned per 30 hours worked. Leave balance will update automatically on this spreadsheet if the number of hours used is entered accurately. Rules The rules, available in the Download Center, govern the procedure that the Minneapolis Department of Civil Rights will follow to enforce the ordinance. Minneapolis Labor Standards Poster The Sick and Safe Time Ordinance required labor standards notice poster must be displayed where employees can easily read it in any/all languages needed by 5% or more of employees. Download the poster in the Download Center. Basic requirements What does “accrual” mean?
Accrual describes how something increases. As an employee works more hours, they accrue more sick and safe time hours to use.
When does an employee begin to accrue sick and safe time?
An employee begins to accrue sick and safe time hours whenever they start working – on their first day of work.
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. How frequently must an employer calculate and
record sick and safe time hours? Employers may calculate and record sick and safe time hours at the same frequency as the employer’s other typical payroll practices (weekly, bi-weekly, twice-per-month, etc., so long as it is no less frequent than a monthly basis). However, sick and safe time must be credited to an employee for each pay period based on all hours worked no later than the regular payday after the end of each corresponding pay period. Sick and safe time is considered accrued when the employer credits the time to the employee.
May an employer require a minimum amount of time per use?
Employees may use sick and safe time in the same increments of time for which the employees are paid. However, employers are not obligated to grant leave in increments smaller than 15 minutes. Additionally, employers cannot mandate that employees use sick and safe time in increments longer than four hours.
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 paid based on productivity, the employee accrues sick and safe time measured by the amount of time spent performing work.
How does an exempt employee accrue sick and
safe time hours? Exempt employees (employees who are exempt from overtime pay requirements under the federal and Minnesota wage-hour laws)[1] are presumed to work 40 hours per week for the purposes of sick and safe time accrual. In instances where an exempt employee’s regular work week is less than 40 hours, sick and safe time accrues based upon that employee’s actual regular work week.
[1] Employees who are exempt from overtime requirements are generally those employees who are paid on a salaried basis and qualify as supervisors, administrative or professional employees. For more information visit https://www.dli.mn.gov/worker-exemptions and https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime Do sick and safe time hours accrue on overtime
hours worked? Yes. For an employee who is not exempt from earning overtime (under federal and Minnesota wage and hour laws), sick and safe time accrues based on all hours worked, including overtime hours.
Carryover and Accrual Caps What happens to an employee’s accrued sick and safe time hours at the end of a year?
If an employee has accrued but unused sick and safe time hours at the end of a year, the employer may choose one of the following options:
What does a “year” mean for the purposes of the Sick and Safe Time Ordinance?
A “year” means any consecutive 12-month period of time as determined by an employer.
Most employers use one of the following:
Whichever method an employer uses to measure the “year” (also referred to as a “benefit year”), it must be clearly communicated to all employees in writing. Is there a “cap” on how many sick and safe time hours an employee can accrue?
Employers may set a cap (limit) on sick and safe time accrual, but employers must allow each employee to accrue at least 48 hours in a given year. When sick and safe time accrual is carried over from year to year (as opposed to front-loaded), employers must allow their employees to accrue at least 80 sick and safe time hours total (counting the sick and safe time hours from prior years and the current year). All these hours may be used. These limits of 48 hours each year and a maximum accrual of 80 hours total (including carryover) for each employee may be higher if an employer agrees, 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. Once an employee reaches his benefit year cap or
maximum accrual cap of sick and safe time hours (if an employer has set one), does he receive credit for additional hours worked? Once an employee reaches the yearly cap of 48 hours, they no longer accrue sick and safe time hours for that benefit year unless the employer allows it. Once an employee reaches 80 hours through carry-over and accrual, they no longer accrue additional hours unless the employer allows it. An employee who has reached 80 hours will start to accrue sick and safe time again once they use some of the hours they have in the “bank.” These two limits, 48 hours per benefit year and a maximum accrual cap of 80 hours, operate in tandem. Note that these limits may be higher if an employer chooses, but not lower.
Scenario #1: Employee Anthony reached his overall accrual cap of 80 hours. Later, Anthony uses eight hours, reducing his bank to 72 (80 – 8). Upon his return to work, he begins accruing again. Following an additional 240 hours worked (240/30 = 8), he has replenished his bank back up to 80 hours (72 + 8). Once reaching 80 at any time, accrual is at least paused until he uses some (thus lowering the balance below 80). Scenario #2: In a subsequent year, employee Anthony starts the year with 80 hours carried over. He has reached his overall accrual cap of 80. Following medical treatment, he uses 50 hours at once. Upon his return to work, he has a balance of 30 hours (80 – 50 = 30). After an additional 1,440 hours worked (1,440/30 = 48), he has replenished his bank back up to 78 (30 + 48 = 78) and stopped accruing at 78 because he reached his accrual cap of 48 (1,440/30 = 48) for the year. Once reaching 48 for the year, accrual does not begin again until the next year. Any unused hours at the end of the year will be carried over into the next year, as employee Anthony will then begin accruing again. He continues accruing until he reaches the yearly cap of 48 or overall cap of 80, whichever occurs sooner. front-loading of hours For employers who choose this option, how many hours must be “front-loaded”?
For the initial year of employment, an employer (choosing to front-load) must front-load at least 48 hours at the beginning of the year.
As noted in FAQ #23, at the beginning of each subsequent benefit year after the first year an employer (choosing to front-load) may either: (a) front-load the employee at least 80 hours (immediately available for use) for the subsequent year or; (b) “pay out” for any accrued but unused sick and safe time hours from the previous year and front-load at least 48 hours (immediately available for use) for the subsequent year. In summary, in lieu of carryover (of accrued but unused sick and safe time hours), employers may front-load 48 hours for the following year if the employer also “pays out” employees for accrued but unused hours at the end of the current year. Alternatively, employers may front-load 80 hours for the following year if the employer does not pay an employee for accrued but unused sick and safe time at the end of the current year. Scenario: Mumtaz is a business owner. She employs Sara and front-loads Sara’s sick and safe time hours once per year. At the beginning of Sara’s first benefit year of employment, Mumtaz front-loaded 48 hours into Sara’s bank. At the beginning of Sara’s second benefit year and every year thereafter, Mumtaz front-loaded 80 hours into Sara’s bank. Has Mumtaz complied with the accrual and carryover requirements of the Sick and Safe Time Ordinance? Yes. Must she provide additional hours? No. May employers credit sick and safe time hours for employees on a weekly, monthly, or quarterly basis etc. ahead of hours worked?
Yes, nothing in the Sick and Safe Time Ordinance prevents employers from allowing an employee to access sick and safe time hours in advance of hours worked. An employer may calculate and credit accrual ahead of hours worked. However, employers must ensure the minimum required number of hours are given and given soon enough (at least one hour for every thirty hours worked). Employers may also simply advance at least 48 hours (the yearly accrual cap) and carryover unused sick and safe time each year.
If an advanced amount is less than the employee would have accrued based on their actual hours worked, the employer must provide additional sick and safe time to make up the difference within 15 calendar days. Scenario: Employer Fictitious Inc. prorates 48 hours equally across each pay period throughout the entire year (e.g. 48 hours divided by 26 pay periods). Employer Fictitious Inc. has violated the ordinance (following the initial pay period and continuing throughout the year) for affected employees because its employees did not receive sufficient sick and safe time soon enough. Accruing at a rate of one hour of sick and safe time for every thirty hours worked, full-time employees typically accrue two and two-thirds hours every pay period (80/30 = 2.67) and reach their yearly accrual cap by the end of nine months, not twelve months. May an employer treat part-time and full-time employees differently, for example, front loading sick and safe time for some but not others?
Yes. As long as employees receive the minimum requirements under the ordinance, an employer may front-load sick and safe time for some but not others. (Please know that compliance with the Sick and Safe Time Ordinance does not guarantee compliance with other civil rights protections or applicable laws.)
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?
No. An employee begins to accrue sick and safe time immediately and may use their time as it accrues.
What may an employee use sick and safe time for?
An employee may use their accrued sick and safe time hours to:
An employee may also use their accrued sick and safe time under the following special circumstances:
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 to the right. |
Do you already offer benefits?
If an employee can use any combination of leave (e.g. PTO, vacation, sick) for all of the reasons and under the same conditions outlined by the Sick and Safe Time Ordinance then it counts as sick and safe time. Additional time off is not required. Lump sum Option
48 hours the first year and 80 hours at the beginning of each subsequent benefit year fulfills accrual and carryover requirements. Read and learn: |
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Labor Standards Enforcement Division Minneapolis Department of Civil Rights (612) 673-3000 (call) [email protected] Minimum Wage City of Minneapolis For reasonable accommodations or alternative formats, contact 311. People who are deaf or hard of hearing can use a relay service to call 311 at 612-673-3000. Para asistencia 311, Yog xav tau kev pab, hu 311, Hadii aad Caawimaad u baahantahay 311. |
