Earned Sick and Safe Time (ESST) Change Becomes Effective January 1, 2025

As discussed in our recent Employment Law Update Webinar, the Minnesota Legislature passed and amended several statutes significantly impacting employment laws in Minnesota during the 2024 session.

Many of these changes have already gone into effect, but one specific change to the Earned Sick and Safe Time (ESST) law becomes effective January 1, 2025.  Employers should understand this change as they evaluate their earned sick and safe time and paid time off policies for 2025.

What changed in the Earned Sick and Safe Time law?

Among other changes to details such as earnings statements, increments of time used, payment rates, and other details, the Legislature amended the ESST law as it applies to paid time off (PTO).  If an employer provides employees with PTO or other paid leave beyond the amount required by the ESST law and such PTO time can be used for personal illness or injury, the additional PTO must meet the same requirements as the ESST hours (other than the ESST accrual requirements), when the time is used for an ESST-qualifying purpose.

Will this affect my PTO / attendance policy?

Perhaps.  If an employer’s PTO or attendance policy has different requirements regarding notice, documentation, anti-retaliation, replacement workers or other requirements for an employee’s PTO use beyond the amount of required ESST time, the employer may need to change their policy to comply with the ESST law with respect to such terms. Some employers may consider separating out ESST from other paid time off.

Do these provisions apply to all use of PTO?

No, the provisions only apply to an employee’s use of PTO for ESST-qualifying purposes (including for illness or injury).  If an employee uses PTO for a non-ESST reason, including vacation time, an employer can apply its own policies regarding notice and use.

When is this change effective?

The effective date of this provision is January 1, 2025.

For more information about how the legislative changes affect your company’s paid time off policy, please feel free to reach out to any member of our Employment team.