Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2605 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to employment; modifying earned sick and safe time; amending Minnesota
3	3	1.3 Statutes 2024, sections 177.50, by adding a subdivision; 181.9445, subdivisions
4	4	1.4 4, 5, 7; 181.9446; 181.9447, subdivisions 2, 3, 9.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 177.50, is amended by adding a subdivision
7	7	1.7to read:
8	8	1.8 Subd. 8.Penalty waiver.The department shall not impose any monetary penalty for an
9	9	1.9initial violation of earned sick and safe time requirements under sections 181.9445 to
10	10	1.10181.9448 until after January 1, 2026.
11	11	1.11 Sec. 2. Minnesota Statutes 2024, section 181.9445, subdivision 4, is amended to read:
12	12	1.12 Subd. 4.Earned sick and safe time.(a) Except as provided in paragraphs (b) and (c),
13	13	1.13"earned sick and safe time" means leave, including paid time off and other paid leave
14	14	1.14systems, that is paid at the same base rate as an employee earns from employment that may
15	15	1.15be used for the same purposes and under the same conditions as provided under section
16	16	1.16181.9447, but in no case shall this base rate be less than that provided under section 177.24
17	17	1.17or an applicable local minimum wage.
18	18	1.18 (b) For an employer with 25 or fewer full-time equivalent employees, earned sick and
19	19	1.19safe time is paid at half of the hourly rate as an employee earns from employment.
20	20	1.20 (c) During an employer's first 12-consecutive months of operation, the employer may,
21	21	1.21but is not required to, provide paid earned sick and safe time.
22	22	1Sec. 2.
23	23	25-01023 as introduced02/04/25 REVISOR SS/DG
24	24	SENATE
25	25	STATE OF MINNESOTA
26	26	S.F. No. 2605NINETY-FOURTH SESSION
27	27	(SENATE AUTHORS: GRUENHAGEN, Dornink, Draheim and Lieske)
28	28	OFFICIAL STATUSD-PGDATE
29	29	Introduction and first reading03/17/2025
30	30	Referred to Labor 2.1 Sec. 3. Minnesota Statutes 2024, section 181.9445, subdivision 5, is amended to read:
31	31	2.2 Subd. 5.Employee."Employee" means any person who is employed by an employer,
32	32	2.3including temporary and part-time employees, who is anticipated by the employer to perform
33	33	2.4work for at least 80 hours in a year for that employer in Minnesota. Employee does not
34	34	2.5include:
35	35	2.6 (1) an independent contractor;
36	36	2.7 (2) an individual who is a volunteer firefighter or paid on-call firefighter, with a
37	37	2.8department charged with the prevention or suppression of fires within the boundaries of the
38	38	2.9state; is a volunteer ambulance attendant as defined in section 144E.001, subdivision 15;
39	39	2.10or is an ambulance service personnel as defined in section 144E.001, subdivision 3a, who
40	40	2.11serves in a paid on-call position;
41	41	2.12 (3) an individual who is an elected official or a person who is appointed to fill a vacancy
42	42	2.13in an elected office as part of a legislative or governing body of Minnesota or a political
43	43	2.14subdivision; or
44	44	2.15 (4) an individual employed by a farmer, family farm, or a family farm corporation to
45	45	2.16provide physical labor on or management of a farm if the farmer, family farm, or family
46	46	2.17farm corporation employs the individual to perform work for 28 days or less each year.;
47	47	2.18 (5) a minor under the age of 18;
48	48	2.19 (6) an employee who works an average of 25 hours or fewer per normal workweek;
49	49	2.20 (7) a seasonal worker who works for 20 weeks or fewer in a consecutive 12-month
50	50	2.21period;
51	51	2.22 (8) an employee who works fewer than 520 hours in a consecutive 12-month period;
52	52	2.23 (9) an employee who works on a per diem or intermittent basis who:
53	53	2.24 (i) only works when the employee indicates they can work;
54	54	2.25 (ii) is under no obligation to accept work for the employer offering work; and
55	55	2.26 (iii) has no expectation of continuing employment with the employer; or
56	56	2.27 (10) an owner, or a child, spouse or domestic partner, parent, grandparent, grandchild,
57	57	2.28or sibling of the owner.
58	58	2.29 Sec. 4. Minnesota Statutes 2024, section 181.9445, subdivision 7, is amended to read:
59	59	2.30 Subd. 7.Family member.(a) "Family member" means, with respect to an employee:
60	60	2Sec. 4.
61	61	25-01023 as introduced02/04/25 REVISOR SS/DG 3.1 (1) an employee's:
62	62	3.2 (i) (1) a child, including a biological, adopted, or foster child, adult child, legal ward, a
63	63	3.3stepchild, or a child for whom the employee is legal guardian, or child to whom the employee
64	64	3.4stands or stood in loco parentis;
65	65	3.5 (ii) (2) a spouse or registered domestic partner;
66	66	3.6 (iii) (3) a sibling, stepsibling, or foster sibling;
67	67	3.7 (iv) biological, adoptive, or foster (4) a parent, stepparent, or a person who stood in loco
68	68	3.8parentis when the employee was a minor child;
69	69	3.9 (v) (5) a grandchild, foster grandchild, or stepgrandchild; or
70	70	3.10 (vi) (6) a grandparent or stepgrandparent;.
71	71	3.11 (vii) a child of a sibling of the employee;
72	72	3.12 (viii) a sibling of the parents of the employee; or
73	73	3.13 (ix) a child-in-law or sibling-in-law;
74	74	3.14 (2) any of the family members listed in clause (1) of a spouse or registered domestic
75	75	3.15partner;
76	76	3.16 (3) any other individual related by blood or whose close association with the employee
77	77	3.17is the equivalent of a family relationship; and
78	78	3.18 (4) up to one individual annually designated by the employee.
79	79	3.19 (b) For the purposes of sections 177.50 and 181.9445 to 181.9448, the following terms
80	80	3.20have the meanings given them:
81	81	3.21 (1) "grandchild" means a child of the employee's child;
82	82	3.22 (2) "grandparent" means a parent of the employee's parent; and
83	83	3.23 (3) "parent" means the biological, adoptive, or foster parent, stepparent, or legal guardian
84	84	3.24of an employee or the employee's spouse, or an individual who stood in loco parentis to an
85	85	3.25employee when the employee was a minor child.
86	86	3.26 Sec. 5. Minnesota Statutes 2024, section 181.9446, is amended to read:
87	87	3.27 181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.
88	88	3.28 (a) An employee accrues a minimum of one hour of earned sick and safe time for every
89	89	3.2930 40 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
90	90	3Sec. 5.
91	91	25-01023 as introduced02/04/25 REVISOR SS/DG 4.1Employees may not accrue more than 48 hours of earned sick and safe time in a year unless
92	92	4.2the employer agrees to a higher amount.
93	93	4.3 (b)(1) Except as provided in clause (2), employers must permit an employee to carry
94	94	4.4over accrued but unused sick and safe time into the following year. The total amount of
95	95	4.5accrued but unused earned sick and safe time for an employee must not exceed 80 hours at
96	96	4.6any time, unless an employer agrees to a higher amount.
97	97	4.7 (2) In lieu of permitting the carryover of accrued but unused sick and safe time into the
98	98	4.8following year as provided under clause (1), an employer may provide an employee with
99	99	4.9earned sick and safe time for the year that meets or exceeds the requirements of this section
100	100	4.10that is available for the employee's immediate use at the beginning of the subsequent year
101	101	4.11as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and
102	102	4.12safe time at the end of a year at the same base rate as an employee earns from employment
103	103	4.13and in no case at a rate less than that provided under section 177.24 or an applicable local
104	104	4.14minimum wage; or (ii) 80 hours, if an employer does not pay an employee for accrued but
105	105	4.15unused sick and safe time at the end of a year.; or (iii) if an employee begins employment
106	106	4.16in the middle of an employer's 12-month consecutive year, the employer may satisfy the
107	107	4.17requirements of this section:
108	108	4.18 (A) by providing a prorated number of earned sick and safe time hours for immediate
109	109	4.19use based on the amount of days remaining in the employer's 12-month consecutive year;
110	110	4.20or
111	111	4.21 (B) on an accrual basis, as provided in paragraph (a).
112	112	4.22 (c) Employees who are exempt from overtime requirements under United States Code,
113	113	4.23title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work 40
114	114	4.24hours in each workweek for purposes of accruing earned sick and safe time, except that an
115	115	4.25employee whose normal workweek is less than 40 hours will accrue earned sick and safe
116	116	4.26time based on the normal workweek.
117	117	4.27 (d) Earned sick and safe time under this section begins to accrue at the commencement
118	118	4.28of employment of the employee.
119	119	4.29 (e) Employees may use earned sick and safe time as it is accrued, except that an employer
120	120	4.30may impose a waiting period of up to 90 days before earned sick and safe time may be used.
121	121	4.31 (f) For an employer with 25 or fewer full-time equivalent employees, accrual of earned
122	122	4.32sick and safe time under this section is paid at half of the hourly rate as an employee earns
123	123	4.33from employment.
124	124	4Sec. 5.
125	125	25-01023 as introduced02/04/25 REVISOR SS/DG 5.1 (g) An employer may, but is not required to, provide paid earned sick and safe time
126	126	5.2during the employer's first 12-consecutive months of operation.
127	127	5.3 Sec. 6. Minnesota Statutes 2024, section 181.9447, subdivision 2, is amended to read:
128	128	5.4 Subd. 2.Notice.(a) An employer may require notice of the need for use of earned sick
129	129	5.5and safe time as provided in this paragraph. If the need for use is foreseeable, an employer
130	130	5.6may require advance notice of the intention to use earned sick and safe time but must not
131	131	5.7require more than seven days' advance notice. If the need is unforeseeable, an employer
132	132	5.8may require an employee to give notice of the need for earned sick and safe time as soon
133	133	5.9as practicable. If the need is unforeseeable, the employee shall provide notice to the employer
134	134	5.10not less than two hours prior to when the employee is scheduled to work, except when the
135	135	5.11need to use earned sick and safe time arises while an employee is performing work. An
136	136	5.12employer that requires notice of the need to use earned sick and safe time in accordance
137	137	5.13with this subdivision shall have a written policy containing reasonable procedures for
138	138	5.14employees to provide notice of the need to use earned sick and safe time, and shall provide
139	139	5.15a written copy of such policy to employees. If a copy of the written policy has not been
140	140	5.16provided to an employee, an employer shall not deny the use of earned sick and safe time
141	141	5.17to the employee on that basis.
142	142	5.18 (b) Except for the use of accrued earned sick and safe time under subdivision 1, clause
143	143	5.19(3), an employee who fails to provide notice in accordance with the requirements of this
144	144	5.20subdivision is not entitled to be paid for any period of earned sick and safe time used for
145	145	5.21which no notice was provided to the employer. If a copy of the written policy has not been
146	146	5.22provided to an employee, an employer shall not deny pay for the use of earned sick and safe
147	147	5.23time to the employee for failure to have been provided notice.
148	148	5.24 Sec. 7. Minnesota Statutes 2024, section 181.9447, subdivision 3, is amended to read:
149	149	5.25 Subd. 3.Documentation.(a) When an employee uses earned sick and safe time for
150	150	5.26more than three consecutive scheduled work days, an employer may require reasonable
151	151	5.27documentation that the earned sick and safe time is covered by subdivision 1.
152	152	5.28 (b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6),
153	153	5.29reasonable documentation may include a signed statement by a health care professional
154	154	5.30indicating the need for use of earned sick and safe time. However, if the employee or
155	155	5.31employee's family member did not receive services from a health care professional, or if
156	156	5.32documentation cannot be obtained from a health care professional in a reasonable time or
157	157	5.33without added expense, then reasonable documentation for the purposes of this paragraph
158	158	5Sec. 7.
159	159	25-01023 as introduced02/04/25 REVISOR SS/DG 6.1may include a written statement from the employee indicating that the employee is using
160	160	6.2or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause
161	161	6.3(1), (2), (5), or (6).
162	162	6.4 (c) For earned sick and safe time under subdivision 1, clause (3), an employer must
163	163	6.5accept a court record or documentation signed by a volunteer or employee of a victims
164	164	6.6services organization, an attorney, a police officer, or an antiviolence counselor as reasonable
165	165	6.7documentation. If documentation cannot be obtained in a reasonable time or without added
166	166	6.8expense, then reasonable documentation for the purposes of this paragraph may include a
167	167	6.9written statement from the employee indicating that the employee is using or used earned
168	168	6.10sick and safe time for a qualifying purpose covered under subdivision 1, clause (3).
169	169	6.11 (d) For earned sick and safe time to care for a family member under subdivision 1, clause
170	170	6.12(4), an employer must accept as reasonable documentation a written statement from the
171	171	6.13employee indicating that the employee is using or used earned sick and safe time for a
172	172	6.14qualifying purpose as reasonable documentation.
173	173	6.15 (e) An employer must not require disclosure of details relating to domestic abuse, sexual
174	174	6.16assault, or stalking or the details of an employee's or an employee's family member's medical
175	175	6.17condition as related to an employee's request to use earned sick and safe time under this
176	176	6.18section.
177	177	6.19 (f) Written statements by an employee may be written in the employee's first language
178	178	6.20and need not be notarized or in any particular format.
179	179	6.21 (g) An employee who fails to provide documentation in accordance with the requirements
180	180	6.22of this subdivision, or upon the request of the employer, is not entitled to be paid for any
181	181	6.23period of earned sick and safe time used for which no documentation was provided to the
182	182	6.24employer. The employer shall have a written policy containing reasonable procedures for
183	183	6.25an employee to provide documentation related to the use of earned sick and safe time in
184	184	6.26accordance with this subdivision, and shall provide a written copy of such policy to
185	185	6.27employees. The employer's written policy must allow for a reasonable period of time for
186	186	6.28the employee to provide documentation. If a copy of the written policy has not been provided
187	187	6.29to an employee, an employer shall not deny pay for the use of earned sick and safe time to
188	188	6.30the employee on that basis.
189	189	6.31 Sec. 8. Minnesota Statutes 2024, section 181.9447, subdivision 9, is amended to read:
190	190	6.32 Subd. 9.Notice and posting by employer.(a) Employers must give notice to all
191	191	6.33employees that they are entitled to earned sick and safe time, including the amount of earned
192	192	6Sec. 8.
193	193	25-01023 as introduced02/04/25 REVISOR SS/DG 7.1sick and safe time, the accrual year for the employee, the terms of its use under this section,
194	194	7.2and a copy of the written policy for providing notice as provided under subdivision 2; that
195	195	7.3retaliation against employees who request or use earned sick and safe time is prohibited;
196	196	7.4and that each employee has the right to file a complaint or bring a civil action if earned sick
197	197	7.5and safe time is denied by the employer or the employee is retaliated against for requesting
198	198	7.6or using earned sick and safe time.
199	199	7.7 (b) Employers must supply employees with a notice in English and the primary language
200	200	7.8of the employee, as identified by the employee, that contains the information required in
201	201	7.9paragraph (a) at commencement of employment or January 1, 2024, whichever is later.
202	202	7.10 (c) The means used by the employer must be at least as effective as the following options
203	203	7.11for providing notice:
204	204	7.12 (1) posting a copy of the notice at each location where employees perform work and
205	205	7.13where the notice must be readily observed and easily reviewed by all employees performing
206	206	7.14work;
207	207	7.15 (2) providing a paper or electronic copy of the notice to employees; or
208	208	7.16 (3) a conspicuous posting in a web-based or app-based platform through which an
209	209	7.17employee performs work.
210	210	7.18The notice must contain all information required under paragraph (a).
211	211	7.19 (d) An employer that provides an employee handbook to its employees must include in
212	212	7.20the handbook notice of employee rights and remedies under this section.
213	213	7.21 (e) The Department of Labor and Industry shall prepare a uniform employee notice form
214	214	7.22for employers to use that provides the notice information required under this section. The
215	215	7.23commissioner shall prepare the uniform employee notice in the five most common languages
216	216	7.24spoken in Minnesota. Upon the written request of an employer who is subject to this section,
217	217	7.25the commissioner shall provide a copy of the uniform employee notice in any primary
218	218	7.26language spoken by an employee in the employer's place of business. If the commissioner
219	219	7.27does not provide the copy of the uniform employee notice in response to a request under
220	220	7.28this paragraph, the employer who makes the request is not subject to a penalty for failing
221	221	7.29to provide the required notice under this subdivision for violations that arise after the date
222	222	7.30of the request. The department shall not impose any monetary penalty for an initial violation
223	223	7.31of this subdivision until after January 1, 2026.
224	224	7Sec. 8.
225	225	25-01023 as introduced02/04/25 REVISOR SS/DG