1.1 A bill for an act
1.2 relating to employment; modifying earned sick and safe time provisions; amending
1.3 Minnesota Statutes 2024, sections 181.9445, subdivision 6; 181.9446; 181.9447,
1.4 subdivisions 2, 3, 4; 181.9448, subdivision 1, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 181.9445, subdivision 6, is amended to read:
1.7 Subd. 6.Employer."Employer" means a person who has one 15 or more employees.
1.8Employer includes an individual, a corporation, a partnership, an association, a business
1.9trust, a nonprofit organization, a group of persons, the state of Minnesota, a county, town,
1.10city, school district, or other governmental subdivision. In the case of an employee leasing
1.11company or professional employer organization, the taxpaying employer, as described in
1.12section 268.046, subdivision 1, remains the employer. In the case of an individual provider
1.13within the meaning of section 256B.0711, subdivision 1, paragraph (d), the employer includes
1.14any participant within the meaning of section 256B.0711, subdivision 1, paragraph (e), or
1.15participant's representative within the meaning of section 256B.0711, subdivision 1,
1.16paragraph (f). In the event that a temporary employee is supplied by a staffing agency,
1.17absent a contractual agreement stating otherwise, that individual shall be an employee of
1.18the staffing agency for all purposes of section 177.50 and sections 181.9445 to 181.9448.
1.19Employer does not include the United States government.
1Section 1.
25-04049 as introduced02/18/25 REVISOR SS/NS
SENATE
STATE OF MINNESOTA
S.F. No. 2300NINETY-FOURTH SESSION
(SENATE AUTHORS: SEEBERGER, Rasmusson, Rest, Frentz and Dornink)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/10/2025
Referred to Labor 2.1 Sec. 2. Minnesota Statutes 2024, section 181.9446, is amended to read:
2.2 181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.
2.3 (a) An employee accrues a minimum of one hour of earned sick and safe time for every
2.430 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
2.5Employees may not accrue more than 48 hours of earned sick and safe time in a year unless
2.6the employer agrees to a higher amount.
2.7 (b)(1) Except as provided in clause (2), employers must permit an employee to carry
2.8over accrued but unused sick and safe time into the following year. The total amount of
2.9accrued but unused earned sick and safe time for an employee must not exceed 80 hours at
2.10any time, unless an employer agrees to a higher amount.
2.11 (2) In lieu of permitting the carryover of accrued but unused sick and safe time into the
2.12following year as provided under clause (1), an employer may provide an employee with
2.13earned sick and safe time for the year that meets or exceeds the requirements of this section
2.14that is available for the employee's immediate use at the beginning of the subsequent year
2.15as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and
2.16safe time at the end of a year at the same base rate as an employee earns from employment
2.17and in no case at a rate less than that provided under section 177.24 or an applicable local
2.18minimum wage; or (ii) 80 hours, if an employer does not pay an employee for accrued but
2.19unused sick and safe time at the end of a year; or (iii) upon initial employment, an employer
2.20providing sick and safe time under item (i) or (ii) may prorate sick and safe time amounts
2.21for an employee based on full- or part-time work for the remainder of that year.
2.22 (c) Employees who are exempt from overtime requirements under United States Code,
2.23title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work 40
2.24hours in each workweek for purposes of accruing earned sick and safe time, except that an
2.25employee whose normal workweek is less than 40 hours will accrue earned sick and safe
2.26time based on the normal workweek.
2.27 (d) Earned sick and safe time under this section begins to accrue at the commencement
2.28of employment of the employee.
2.29 (e) Employees may use earned sick and safe time as it is accrued.
2.30 Sec. 3. Minnesota Statutes 2024, section 181.9447, subdivision 2, is amended to read:
2.31 Subd. 2.Notice.An employer may require notice of the need for use of earned sick and
2.32safe time as provided in this paragraph. If the need for use is foreseeable, an employer may
2.33require advance notice of the intention to use earned sick and safe time but must not require
2Sec. 3.
25-04049 as introduced02/18/25 REVISOR SS/NS 3.1more than seven days' advance notice. If the need is unforeseeable, an employer may require
3.2an employee to give notice of the need for earned sick and safe time as soon as practicable
3.3reasonably required by the employer. An employer that requires notice of the need to use
3.4earned sick and safe time in accordance with this subdivision shall have a written policy
3.5containing reasonable procedures for employees to provide notice of the need to use earned
3.6sick and safe time, and shall provide a written copy of such policy to employees. If a copy
3.7of the written policy has not been provided to an employee, an employer shall not deny the
3.8use of earned sick and safe time to the employee on that basis.
3.9 Sec. 4. Minnesota Statutes 2024, section 181.9447, subdivision 3, is amended to read:
3.10 Subd. 3.Documentation.(a) When an employee uses earned sick and safe time for
3.11more than three two consecutive scheduled work days, an employer may require reasonable
3.12documentation that the earned sick and safe time is covered by subdivision 1.
3.13 (b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6),
3.14reasonable documentation may include a signed statement by a health care professional
3.15indicating the need for use of earned sick and safe time. However, if the employee or
3.16employee's family member did not receive services from a health care professional, or if
3.17documentation cannot be obtained from a health care professional in a reasonable time or
3.18without added expense, then reasonable documentation for the purposes of this paragraph
3.19may include a written statement from the employee indicating that the employee is using
3.20or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause
3.21(1), (2), (5), or (6). The employer may require documentation at such time that reasonable
3.22documentation is available if it is not available in a reasonable amount of time initially.
3.23 (c) For earned sick and safe time under subdivision 1, clause (3), an employer must
3.24accept a court record or documentation signed by a volunteer or employee of a victims
3.25services organization, an attorney, a police officer, or an antiviolence counselor as reasonable
3.26documentation. If documentation cannot be obtained in a reasonable time or without added
3.27expense, then reasonable documentation for the purposes of this paragraph may include a
3.28written statement from the employee indicating that the employee is using or used earned
3.29sick and safe time for a qualifying purpose covered under subdivision 1, clause (3).
3.30 (d) For earned sick and safe time to care for a family member under subdivision 1, clause
3.31(4), an employer must accept as reasonable documentation a written statement from the
3.32employee indicating that the employee is using or used earned sick and safe time for a
3.33qualifying purpose as reasonable documentation.
3Sec. 4.
25-04049 as introduced02/18/25 REVISOR SS/NS 4.1 (e) An employer must not require disclosure of details relating to domestic abuse, sexual
4.2assault, or stalking or the details of an employee's or an employee's family member's medical
4.3condition as related to an employee's request to use earned sick and safe time under this
4.4section.
4.5 (f) Written statements by an employee may be written in the employee's first language
4.6and need not be notarized or in any particular format.
4.7 Sec. 5. Minnesota Statutes 2024, section 181.9447, subdivision 4, is amended to read:
4.8 Subd. 4.Replacement worker.For earned sick and safe time use that is unforeseeable,
4.9an employer may not require, as a condition of an employee using earned sick and safe
4.10time, that the employee seek or find a replacement worker to cover the hours the employee
4.11uses as earned sick and safe time. This subdivision does not prohibit an employee from
4.12voluntarily seeking or trading shifts with a replacement worker to cover the hours the
4.13employee uses as earned sick and safe time.
4.14 Sec. 6. Minnesota Statutes 2024, section 181.9448, subdivision 1, is amended to read:
4.15 Subdivision 1. Effect on more generous sick and safe time policies.(a) Nothing in
4.16sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting
4.17or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
4.18conflict with, the minimum standards and requirements provided in sections 181.9445 to
4.19181.9448. All paid time off and other paid leave made available to an employee by an
4.20employer in excess of the minimum amount required in section 181.9446 for absences from
4.21work due to personal illness or injury, but not including short-term or long-term disability
4.22or other salary continuation benefits, must meet or exceed the minimum standards and
4.23requirements provided in sections 181.9445 to 181.9448, except for section 181.9446. For
4.24paid leave accrued prior to January 1, 2024, for absences from work due to personal illness
4.25or injury, an employer may require an employee who uses such leave to follow the written
4.26notice and documentation requirements in the employer's applicable policy or applicable
4.27collective bargaining agreement as of December 31, 2023, in lieu of the requirements of
4.28section 181.9447, subdivisions 2 and 3, provided that an employer does not require an
4.29employee to use leave accrued on or after January 1, 2024, before using leave accrued prior
4.30to that date.
4.31 (b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of
4.32parties to a collective bargaining agreement to bargain and agree with respect to earned sick
4.33and safe time policies or to diminish the obligation of an employer to comply with any
4Sec. 6.
25-04049 as introduced02/18/25 REVISOR SS/NS 5.1contract, collective bargaining agreement, or any employment benefit program or plan that
5.2meets or exceeds, and does not otherwise conflict with, the minimum standards and
5.3requirements provided in this section.
5.4 (c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or
5.5otherwise affect the applicability of any other law, regulation, requirement, policy, or
5.6standard that provides for a greater amount, accrual, or use by employees of paid sick and
5.7safe time or that extends other protections to employees.
5.8 (d) Nothing in sections 181.9445 to 181.9448 shall be construed or applied so as to
5.9create any power or duty in conflict with federal law.
5.10 (e) Employers who provide earned sick and safe time to their employees under a paid
5.11time off policy or other paid leave policy that may be used for the same purposes and under
5.12the same conditions as earned sick and safe time, and that meets or exceeds, and does not
5.13otherwise conflict with, the minimum standards and requirements provided in sections
5.14181.9445 to 181.9448 are not required to provide additional earned sick and safe time.
5.15 (f) The provisions of sections 181.9445 to 181.9448 may be waived by a collective
5.16bargaining agreement with a bona fide building and construction trades labor organization
5.17that has established itself as the collective bargaining representative for the affected building
5.18and construction industry employees, provided that for such waiver to be valid, it shall
5.19explicitly reference sections 181.9445 to 181.9448 and clearly and unambiguously waive
5.20application of those sections to such employees.
5.21 (g) The requirements of section 181.9447, subdivision 3, may be waived for paid leave
5.22made available to an employee by an employer for absences from work in excess of the
5.23minimum amount required in section 181.9446 through a collective bargaining agreement
5.24with a labor organization that has established itself as the collective bargaining representative
5.25for the employees, provided that for such waiver to be valid, it shall explicitly reference
5.26section 181.9447, subdivision 3, and clearly and unambiguously waive application of that
5.27subdivision to such employees.
5.28 (h) An individual provider, as defined in section 256B.0711, subdivision 1, paragraph
5.29(d), who provides services through a consumer support grant under section 256.476,
5.30consumer-directed community supports under section 256B.4911, or community first services
5.31and supports under section 256B.85, to a family member who is a participant, as defined
5.32in section 256B.0711, subdivision 1, paragraph (e), may individually waive the provisions
5.33of sections 181.9445 to 181.9448 for the remainder of the participant's service plan year,
5.34provided that the funds are returned to the participant's budget. Once an individual provider
5Sec. 6.
25-04049 as introduced02/18/25 REVISOR SS/NS 6.1has waived the provisions of sections 181.9445 to 181.9448, they may not accrue earned
6.2sick and safe time until the start of the participant's next service plan year.
6.3 (i) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy
6.4whereby employees may donate unused accrued sick and safe time to another employee.
6.5 (j) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and
6.6safe time to an employee before accrual by the employee.
6.7 Sec. 7. Minnesota Statutes 2024, section 181.9448, is amended by adding a subdivision
6.8to read:
6.9 Subd. 4.New business exemption.Sections 181.9445 to 181.9448 shall not apply to
6.10an employer that is a new business during the first year of operation.
6Sec. 7.
25-04049 as introduced02/18/25 REVISOR SS/NS