Top Changes To Minnesota's Earned Sick And Safe Time Statute

Minnesota Governor Tim Waltz signed legislation amending the state's Earned Sick and Safe Time (ESST) law, on May 24, 2024, nearly six months after the statute took effect. Although all of the amendments are important, the top changes are ranked below.

#1: Employers must permit employees to use all paid leave provided to them in accordance with the ESST law when the paid leave may otherwise be used for personal injury or illness.

Under the amendments, employers who provide employees paid leave that employees may use for illness or injury beyond the minimum amount the law requires must permit employees to use all the paid leave provided in compliance with the ESST law. Minn. Stat. § 181.9448, subd. 1(a). Put another way, if an employer provides employees paid leave in an amount beyond the statutory minimum, and the employer permits employees to use such paid leave for personal illness or injury, then the employer must treat the entire paid leave balance as ESST