/>iTakeaways:
- Minnesota’s Earned Sick and Safe Time law (ESST) saw a few significant amendments during the special legislative session.
- The main changes impact when employers can require documentation and notice for unforeseeable absences taken for a covered ESST reason.
- The amendments also clarify that employees may voluntarily trade shifts to cover ESST absences and that employers may advance ESST hours to employees.
On June 14th, Minnesota Governor Tim Walz signed into law, S.F. No. 17, which once again included amendments to Minnesota’s Earned Sick and Safe Time (ESST) law that went into effect in January 2024.
Requesting Documentation for Employee ESST Absences
Under the new amendments, when an employee uses ESST for an absence of 2 or more consecutive scheduled work days, an employer may require reasonable documentation that the absence was taken for a covered reason. Previously, an employer could require reasonable documentation only for an absence of 3 or more consecutive scheduled work days.
Requiring Notice for an Unforeseeable ESST Covered Absence
Further, the amendments provide if an employee takes ESST due to an unforeseeable need, an employer may require an employee to give notice of the need to use ESST as reasonably required by the employer. Prior to the recent amendment, an employer could require notice for an unforeseeable ESST absence as soon as practicable.
Clarifications in the ESST Law
Additionally, the amendments clarify that an employee is permitted to voluntarily seek a replacement worker to cover their ESST absences, and that employers may advance ESST to an employee based on the employee’s anticipated hours of work.
Seeking Replacement Workers for ESST Absences
The ESST law has always prohibited an employer from requiring employees, as a condition of using ESST, to seek or find a replacement worker to cover the hours of their absence. However, the recent amendment clarifies that an employee may choose to do so, provided they are voluntarily doing so.
Advancing ESST to Employees
The ESST law permits an employer to advance ESST to an employee before they have accrued the time. Newly added language to Minn. Stat. § 181.9448, subd. 1(j), expressly states, “an employer is permitted to advance earned sick and safe time to an employee based on the number of hours the employee is anticipated to work for the remaining portion of an accrual year. If the advanced amount is less than the amount the employee would have accrued based on the actual hours worked, the employer must provide additional earned sick and safe time to make up the difference.”
Steps to Take
Minnesota employers should understand their obligations and update their policies to reflect the recent changes. If you have any questions related to compliance with Minnesota’s Earned Sick and Safe Time law, please contact the Jackson Lewis attorney with whom you regularly work.
