Minnesota Employment Law

Annual Leaves are unpaid leave based on the agreement between employer and employee (FSLA). Company policy can determine when any benefits are due, such as vacation, sick leave, and severance packages. Benefits are payable within 30 days of when they become due.

An employer may cap the amount of vacation leave an employee may accrue over time, so long as employees have signed contracts or written statements agreeing to the policy. See Lee v. Fresenius Medical Care, Inc., 741 N.W.2d 117 (Minn. S.Ct. 2007).

An employer would likely be able to implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it, so long as the employee has agreed to the policy in writing. See Lee v. Fresenius Medical Care, Inc., 741 N.W.2d 117 (Minn. S.Ct. 2007).

Female employees may take up to 12 weeks of unpaid leave during or following pregnancy when:

• • • They work for a company with 21 or more employees at one site; and/or
    • They worked at least half-time during the past 12 months; and/or
    • They have been with the company for at least 12 months.

An employee may also be able to use employer-provided benefits, like sick leave or disability leave, if she is sick during her pregnancy or to recover after childbirth.

Duration of Leave: An employee is entitled to 1 hour of sick and safe time for every 30 hours worked and can earn a maximum of 48 hours each year unless the employer agrees to a higher amount. ESST hours will be accrued on all hours worked, including overtime, unless exempt from earning overtime compensation.

Eligibility Criteria: Minnesota employers with one or more employees are required to provide paid earned sick and safe leave (ESSL) to all employees who work for the employer within the state at least 80 hours during the year. Temporary and part-time employees are eligible, except building and construction industry employees.

Pay Benefits: Employees are entitled to receive Sick and safe time at the hourly rate equivalent to the same amount they receive if they are working.

Usage of the Leave: Employees shall be able to use their earned sick and safe time for the following reasons:

• • • the employee’s mental or physical illness, treatment, or preventive care;
    • a family member’s mental or physical illness, treatment, or preventive care;
    • absence due to domestic abuse, sexual assault, or stalking of the employee or a family member;
    • closure of the employee’s workplace due to weather or public emergency or closure of a family member’s school or care facility due to weather or public emergency; and
    • when determined by a health authority or health care professional that the employee or a family member is at risk of infecting others with a communicable disease.

Carryforward of Unused Leave: Employers are required to permit employees to carry over unused ESST into the next year. The total amount of accrued but unused earned sick and safe time for an employee must not exceed 80 hours at any time unless an employer agrees to a higher amount. Alternatively, employers can choose a “front-loading” method that will allow employees to receive ESST at the beginning of each year, eliminating the need for carryover.

Notice and Documentation Requirement: An employee is required to provide a notice to their employer at least 7 days before taking the leave. In case of foreseeable, employees must inform their employers as soon as possible. Also, if employees use earned sick and safe time for more than 3 consecutive days, employers may require reasonable documentation confirming the need for earned sick and safe time.

In addition to USERRA, Minnesota law provides employment protections for Minnesota and U.S. military members. National Guard members are entitled to up to four years of unpaid leave to engage in active military service during times of state-declared emergencies.

Employers must grant up to 10 working days of unpaid leave to an employee who is an immediate family member of a member of the U.S. armed forces that have been injured or killed while engaged in active service.

Employers must grant up to one day per calendar year of unpaid leave to an employee who is an immediate family member of a member of the U.S. armed forces that has been ordered to active service. Nondiscrimination protections for all military service members and their families.

Employers cannot discharge, threaten or coerce an employee because the employee received or responded to a summons, served as a juror or attended court for prospective jury service. Notice requirements apply. Leave may be paid or unpaid, at the employer’s discretion.

• • • • • Employees accrue one hour of ESST for every 30 hours worked.
        • Employees begin accruing ESST on their start date.
        • When calculating how many ESST hours an employee has accrued, employers must count hours actually worked. Employers are not required to count the hours taken off for ESST.
        • For employers who do not have an existing PTO policy, hourly employees accrue ESST when they work overtime hours. In those circumstances, employees continue to earn 1 hour of ESST per 30 hours worked. There is no requirement to provide an “overtime rate” for ESST accrual. There is no obligation to provide accrual on overtime under the accrual method for employers that have an existing PTO policy that is more generous than what is required in the Ordinance.
        • Employees can accrue up to 48 hours in one year unless their employer opts to give them more ESST.
        • Frontloading is permissible as long as it meets the minimal requirements of the Ordinance.

Employers with 20 or more employees working in at least one site must provide eligible employees with paid leave for bone marrow donation. Employees are eligible for bone marrow donation leave if they:

• • • • • Perform services for hire for an employer for an average of 20 or more hours per week; and
        • Seek to undergo a medical procedure to donate bone marrow.

Leave may be taken intermittently, but may not exceed 40 work hours unless the employer agrees otherwise. Certification requirements apply.

Employers with at least 20 employees working in at least one site must provide an unpaid leave of absence to any employee who:

• • • • • Is a Civil Air Patrol member;
        • Performs services for the employer for an average of 20 or more hours per week, and
        • Renders service in his or her capacity as a Civil Air Patrol member on the request and under the authority of the state or any of its political subdivisions.

Employers with 1 or more employees working in at least one site must provide eligible employees with parenting leave in certain circumstances. The Women’s Economic Security Act(WESA) amended Minnesota’s parental leave laws.

An eligible employee is entitled to up to 12 weeks of unpaid leave. Finally, employers who permit paternity or maternity leave for biological parents must, upon request, grant a leave of absence to an adoptive parent to arrange a child’s placement or care for the child after placement. Job protections apply to employees taking parenting leave.

All employers must provide employees with up to 16 hours of unpaid leave during any 12-month period to attend their child’s school conferences or school-related activities.

Employers must allow a victim of domestic abuse or harassment a reasonable amount of time off from work to obtain a protective order or harassment restraining order. Notice and certification requirements apply. Leave may be paid or unpaid, at the employer’s discretion.

Employers must allow a witness or victim of a crime, or the spouse or family member of a victim of a violent crime, a reasonable amount of time off from work to attend criminal proceedings related to the victim’s case if the employee is subpoenaed or requested by the prosecutor to attend court for the purposes of giving testimony. Notice and certification requirements apply. Leave may be paid or unpaid, at the employer’s discretion.

Employers must permit certain employees to take time off from work without penalty, as follows:

• • • Eligible voters are entitled to be absent from work for the time necessary to appear at the employee’s polling place, cast a ballot and return to work on the day of an election, including presidential primary elections. Leave is paid.
    • Employees who are selected to serve as an election judge are eligible to take sufficient time off from work to serve as an election judge. Notice and certification requirements apply. Leave is unpaid.
    • Employees who are appointed by a major political party to be a state central committee member or executive committee member may be absent from work to attend any of the committee’s meetings. Notice and certification requirements apply. Leave is unpaid.
    • Employees who are appointed by a major political party to be a convention delegate or alternative convention delegate may be absent from work to attend any delegates convention, including official convention committee meetings. Notice and certification requirements apply. Leave is unpaid.