1.1 A bill for an act
1.2 relating to employment; modifying earned sick and safe time; amending Minnesota
1.3 Statutes 2024, sections 177.50, by adding a subdivision; 181.9445, subdivisions
1.4 4, 5, 7; 181.9446; 181.9447, subdivisions 2, 3, 9.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 177.50, is amended by adding a subdivision
1.7to read:
1.8 Subd. 8.Penalty waiver.The department shall not impose any monetary penalty for an
1.9initial violation of earned sick and safe time requirements under sections 181.9445 to
1.10181.9448 until after January 1, 2026.
1.11 Sec. 2. Minnesota Statutes 2024, section 181.9445, subdivision 4, is amended to read:
1.12 Subd. 4.Earned sick and safe time.(a) Except as provided in paragraphs (b) and (c),
1.13"earned sick and safe time" means leave, including paid time off and other paid leave
1.14systems, that is paid at the same base rate as an employee earns from employment that may
1.15be used for the same purposes and under the same conditions as provided under section
1.16181.9447, but in no case shall this base rate be less than that provided under section 177.24
1.17or an applicable local minimum wage.
1.18 (b) For an employer with 25 or fewer full-time equivalent employees, earned sick and
1.19safe time is paid at half of the hourly rate as an employee earns from employment.
1.20 (c) During an employer's first 12-consecutive months of operation, the employer may,
1.21but is not required to, provide paid earned sick and safe time.
1Sec. 2.
25-01023 as introduced02/04/25 REVISOR SS/DG
SENATE
STATE OF MINNESOTA
S.F. No. 2605NINETY-FOURTH SESSION
(SENATE AUTHORS: GRUENHAGEN, Dornink, Draheim and Lieske)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/17/2025
Referred to Labor 2.1 Sec. 3. Minnesota Statutes 2024, section 181.9445, subdivision 5, is amended to read:
2.2 Subd. 5.Employee."Employee" means any person who is employed by an employer,
2.3including temporary and part-time employees, who is anticipated by the employer to perform
2.4work for at least 80 hours in a year for that employer in Minnesota. Employee does not
2.5include:
2.6 (1) an independent contractor;
2.7 (2) an individual who is a volunteer firefighter or paid on-call firefighter, with a
2.8department charged with the prevention or suppression of fires within the boundaries of the
2.9state; is a volunteer ambulance attendant as defined in section 144E.001, subdivision 15;
2.10or is an ambulance service personnel as defined in section 144E.001, subdivision 3a, who
2.11serves in a paid on-call position;
2.12 (3) an individual who is an elected official or a person who is appointed to fill a vacancy
2.13in an elected office as part of a legislative or governing body of Minnesota or a political
2.14subdivision; or
2.15 (4) an individual employed by a farmer, family farm, or a family farm corporation to
2.16provide physical labor on or management of a farm if the farmer, family farm, or family
2.17farm corporation employs the individual to perform work for 28 days or less each year.;
2.18 (5) a minor under the age of 18;
2.19 (6) an employee who works an average of 25 hours or fewer per normal workweek;
2.20 (7) a seasonal worker who works for 20 weeks or fewer in a consecutive 12-month
2.21period;
2.22 (8) an employee who works fewer than 520 hours in a consecutive 12-month period;
2.23 (9) an employee who works on a per diem or intermittent basis who:
2.24 (i) only works when the employee indicates they can work;
2.25 (ii) is under no obligation to accept work for the employer offering work; and
2.26 (iii) has no expectation of continuing employment with the employer; or
2.27 (10) an owner, or a child, spouse or domestic partner, parent, grandparent, grandchild,
2.28or sibling of the owner.
2.29 Sec. 4. Minnesota Statutes 2024, section 181.9445, subdivision 7, is amended to read:
2.30 Subd. 7.Family member.(a) "Family member" means, with respect to an employee:
2Sec. 4.
25-01023 as introduced02/04/25 REVISOR SS/DG 3.1 (1) an employee's:
3.2 (i) (1) a child, including a biological, adopted, or foster child, adult child, legal ward, a
3.3stepchild, or a child for whom the employee is legal guardian, or child to whom the employee
3.4stands or stood in loco parentis;
3.5 (ii) (2) a spouse or registered domestic partner;
3.6 (iii) (3) a sibling, stepsibling, or foster sibling;
3.7 (iv) biological, adoptive, or foster (4) a parent, stepparent, or a person who stood in loco
3.8parentis when the employee was a minor child;
3.9 (v) (5) a grandchild, foster grandchild, or stepgrandchild; or
3.10 (vi) (6) a grandparent or stepgrandparent;.
3.11 (vii) a child of a sibling of the employee;
3.12 (viii) a sibling of the parents of the employee; or
3.13 (ix) a child-in-law or sibling-in-law;
3.14 (2) any of the family members listed in clause (1) of a spouse or registered domestic
3.15partner;
3.16 (3) any other individual related by blood or whose close association with the employee
3.17is the equivalent of a family relationship; and
3.18 (4) up to one individual annually designated by the employee.
3.19 (b) For the purposes of sections 177.50 and 181.9445 to 181.9448, the following terms
3.20have the meanings given them:
3.21 (1) "grandchild" means a child of the employee's child;
3.22 (2) "grandparent" means a parent of the employee's parent; and
3.23 (3) "parent" means the biological, adoptive, or foster parent, stepparent, or legal guardian
3.24of an employee or the employee's spouse, or an individual who stood in loco parentis to an
3.25employee when the employee was a minor child.
3.26 Sec. 5. Minnesota Statutes 2024, section 181.9446, is amended to read:
3.27 181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.
3.28 (a) An employee accrues a minimum of one hour of earned sick and safe time for every
3.2930 40 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
3Sec. 5.
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
4.2the employer agrees to a higher amount.
4.3 (b)(1) Except as provided in clause (2), employers must permit an employee to carry
4.4over accrued but unused sick and safe time into the following year. The total amount of
4.5accrued but unused earned sick and safe time for an employee must not exceed 80 hours at
4.6any time, unless an employer agrees to a higher amount.
4.7 (2) In lieu of permitting the carryover of accrued but unused sick and safe time into the
4.8following year as provided under clause (1), an employer may provide an employee with
4.9earned sick and safe time for the year that meets or exceeds the requirements of this section
4.10that is available for the employee's immediate use at the beginning of the subsequent year
4.11as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and
4.12safe time at the end of a year at the same base rate as an employee earns from employment
4.13and in no case at a rate less than that provided under section 177.24 or an applicable local
4.14minimum wage; or (ii) 80 hours, if an employer does not pay an employee for accrued but
4.15unused sick and safe time at the end of a year.; or (iii) if an employee begins employment
4.16in the middle of an employer's 12-month consecutive year, the employer may satisfy the
4.17requirements of this section:
4.18 (A) by providing a prorated number of earned sick and safe time hours for immediate
4.19use based on the amount of days remaining in the employer's 12-month consecutive year;
4.20or
4.21 (B) on an accrual basis, as provided in paragraph (a).
4.22 (c) Employees who are exempt from overtime requirements under United States Code,
4.23title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work 40
4.24hours in each workweek for purposes of accruing earned sick and safe time, except that an
4.25employee whose normal workweek is less than 40 hours will accrue earned sick and safe
4.26time based on the normal workweek.
4.27 (d) Earned sick and safe time under this section begins to accrue at the commencement
4.28of employment of the employee.
4.29 (e) Employees may use earned sick and safe time as it is accrued, except that an employer
4.30may impose a waiting period of up to 90 days before earned sick and safe time may be used.
4.31 (f) For an employer with 25 or fewer full-time equivalent employees, accrual of earned
4.32sick and safe time under this section is paid at half of the hourly rate as an employee earns
4.33from employment.
4Sec. 5.
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
5.2during the employer's first 12-consecutive months of operation.
5.3 Sec. 6. Minnesota Statutes 2024, section 181.9447, subdivision 2, is amended to read:
5.4 Subd. 2.Notice.(a) An employer may require notice of the need for use of earned sick
5.5and safe time as provided in this paragraph. If the need for use is foreseeable, an employer
5.6may require advance notice of the intention to use earned sick and safe time but must not
5.7require more than seven days' advance notice. If the need is unforeseeable, an employer
5.8may require an employee to give notice of the need for earned sick and safe time as soon
5.9as practicable. If the need is unforeseeable, the employee shall provide notice to the employer
5.10not less than two hours prior to when the employee is scheduled to work, except when the
5.11need to use earned sick and safe time arises while an employee is performing work. An
5.12employer that requires notice of the need to use earned sick and safe time in accordance
5.13with this subdivision shall have a written policy containing reasonable procedures for
5.14employees to provide notice of the need to use earned sick and safe time, and shall provide
5.15a written copy of such policy to employees. If a copy of the written policy has not been
5.16provided to an employee, an employer shall not deny the use of earned sick and safe time
5.17to the employee on that basis.
5.18 (b) Except for the use of accrued earned sick and safe time under subdivision 1, clause
5.19(3), an employee who fails to provide notice in accordance with the requirements of this
5.20subdivision is not entitled to be paid for any period of earned sick and safe time used for
5.21which no notice was provided to the employer. If a copy of the written policy has not been
5.22provided to an employee, an employer shall not deny pay for the use of earned sick and safe
5.23time to the employee for failure to have been provided notice.
5.24 Sec. 7. Minnesota Statutes 2024, section 181.9447, subdivision 3, is amended to read:
5.25 Subd. 3.Documentation.(a) When an employee uses earned sick and safe time for
5.26more than three consecutive scheduled work days, an employer may require reasonable
5.27documentation that the earned sick and safe time is covered by subdivision 1.
5.28 (b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6),
5.29reasonable documentation may include a signed statement by a health care professional
5.30indicating the need for use of earned sick and safe time. However, if the employee or
5.31employee's family member did not receive services from a health care professional, or if
5.32documentation cannot be obtained from a health care professional in a reasonable time or
5.33without added expense, then reasonable documentation for the purposes of this paragraph
5Sec. 7.
25-01023 as introduced02/04/25 REVISOR SS/DG 6.1may include a written statement from the employee indicating that the employee is using
6.2or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause
6.3(1), (2), (5), or (6).
6.4 (c) For earned sick and safe time under subdivision 1, clause (3), an employer must
6.5accept a court record or documentation signed by a volunteer or employee of a victims
6.6services organization, an attorney, a police officer, or an antiviolence counselor as reasonable
6.7documentation. If documentation cannot be obtained in a reasonable time or without added
6.8expense, then reasonable documentation for the purposes of this paragraph may include a
6.9written statement from the employee indicating that the employee is using or used earned
6.10sick and safe time for a qualifying purpose covered under subdivision 1, clause (3).
6.11 (d) For earned sick and safe time to care for a family member under subdivision 1, clause
6.12(4), an employer must accept as reasonable documentation a written statement from the
6.13employee indicating that the employee is using or used earned sick and safe time for a
6.14qualifying purpose as reasonable documentation.
6.15 (e) An employer must not require disclosure of details relating to domestic abuse, sexual
6.16assault, or stalking or the details of an employee's or an employee's family member's medical
6.17condition as related to an employee's request to use earned sick and safe time under this
6.18section.
6.19 (f) Written statements by an employee may be written in the employee's first language
6.20and need not be notarized or in any particular format.
6.21 (g) An employee who fails to provide documentation in accordance with the requirements
6.22of this subdivision, or upon the request of the employer, is not entitled to be paid for any
6.23period of earned sick and safe time used for which no documentation was provided to the
6.24employer. The employer shall have a written policy containing reasonable procedures for
6.25an employee to provide documentation related to the use of earned sick and safe time in
6.26accordance with this subdivision, and shall provide a written copy of such policy to
6.27employees. The employer's written policy must allow for a reasonable period of time for
6.28the employee to provide documentation. If a copy of the written policy has not been provided
6.29to an employee, an employer shall not deny pay for the use of earned sick and safe time to
6.30the employee on that basis.
6.31 Sec. 8. Minnesota Statutes 2024, section 181.9447, subdivision 9, is amended to read:
6.32 Subd. 9.Notice and posting by employer.(a) Employers must give notice to all
6.33employees that they are entitled to earned sick and safe time, including the amount of earned
6Sec. 8.
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,
7.2and a copy of the written policy for providing notice as provided under subdivision 2; that
7.3retaliation against employees who request or use earned sick and safe time is prohibited;
7.4and that each employee has the right to file a complaint or bring a civil action if earned sick
7.5and safe time is denied by the employer or the employee is retaliated against for requesting
7.6or using earned sick and safe time.
7.7 (b) Employers must supply employees with a notice in English and the primary language
7.8of the employee, as identified by the employee, that contains the information required in
7.9paragraph (a) at commencement of employment or January 1, 2024, whichever is later.
7.10 (c) The means used by the employer must be at least as effective as the following options
7.11for providing notice:
7.12 (1) posting a copy of the notice at each location where employees perform work and
7.13where the notice must be readily observed and easily reviewed by all employees performing
7.14work;
7.15 (2) providing a paper or electronic copy of the notice to employees; or
7.16 (3) a conspicuous posting in a web-based or app-based platform through which an
7.17employee performs work.
7.18The notice must contain all information required under paragraph (a).
7.19 (d) An employer that provides an employee handbook to its employees must include in
7.20the handbook notice of employee rights and remedies under this section.
7.21 (e) The Department of Labor and Industry shall prepare a uniform employee notice form
7.22for employers to use that provides the notice information required under this section. The
7.23commissioner shall prepare the uniform employee notice in the five most common languages
7.24spoken in Minnesota. Upon the written request of an employer who is subject to this section,
7.25the commissioner shall provide a copy of the uniform employee notice in any primary
7.26language spoken by an employee in the employer's place of business. If the commissioner
7.27does not provide the copy of the uniform employee notice in response to a request under
7.28this paragraph, the employer who makes the request is not subject to a penalty for failing
7.29to provide the required notice under this subdivision for violations that arise after the date
7.30of the request. The department shall not impose any monetary penalty for an initial violation
7.31of this subdivision until after January 1, 2026.
7Sec. 8.
25-01023 as introduced02/04/25 REVISOR SS/DG