HF2025 (Legislative Session 94 (2025-2026))

Earned sick and safe time provisions modified.

Related bill: SF2300

AI Generated Summary

This bill modifies Minnesota's earned sick and safe time provisions by amending existing statutes. Key changes include:

  1. Employer Definition: Expands the definition of "employer" to include those with 15 or more employees (previously, the law applied to those with one or more employees). Employer definitions for staffing agencies and individual providers are clarified.

  2. Accrual of Sick and Safe Time:

    • Employees accrue one hour of sick and safe time for every 30 hours worked, up to 48 hours per year, unless the employer agrees to a higher amount.
    • Employees may carry over unused time, but the total cannot exceed 80 hours, unless the employer permits more.
    • Employers can offer a lump sum of sick time at the start of the year in place of carryover.
    • Employers paying out unused leave at year-end must provide at least 48 hours in the following year; if they do not pay out unused leave, they must provide 80 hours upfront.
    • Sick and safe time begins accruing upon employment, and employees can use it as soon as it is accrued.
  3. Notice Requirements:

    • Employers may require up to seven days' advance notice if the need is foreseeable.
    • Unforeseeable absences must be reported as soon as practicable.
    • Employers must have a written policy detailing notice requirements; failure to provide this to employees bars the employer from denying leave.
  4. Documentation Requirements:

    • Employers may require documentation after two consecutive missed workdays (previously three).
    • Acceptable documents include health care statements, court records, victim services documentation, or employee-written statements (which do not have to be notarized or in a specific format).
    • Employers may not require details of domestic abuse, sexual assault, or stalking when granting leave.
  5. Replacement Worker Prohibition: Employers cannot require employees to find a replacement before taking leave but may allow voluntary shift trades.

  6. Employer Flexibility for Generous Policies:

    • Employers with more generous policies are not required to provide additional sick and safe time.
    • Collective bargaining agreements may override certain provisions.
    • Employers can establish leave donation programs allowing employees to share unused sick time.
    • Employers may advance sick time to employees before accrual.
  7. New Business Exemption: Businesses in their first year of operation are exempt from earned sick and safe time requirements.

This bill aims to refine sick and safe time regulations by adjusting employer thresholds, accrual mechanics, notice and documentation rules, and exemptions for new businesses.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 09, 2025HouseFloorActionIntroduction and first reading, referred toWorkforce, Labor, and Economic Development Finance and Policy
March 09, 2025HouseFloorActionIntroduction and first reading, referred toWorkforce, Labor, and Economic Development Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section refers to the definition of an employer for purposes of tax obligations.",
      "modified": [
        "Inclusion of employee leasing companies or professional employer organizations as defined taxpaying employers."
      ]
    },
    "citation": "268.046",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section defines terms related to individual providers and participants.",
      "modified": [
        "Clarifies inclusion of participant representatives under employment definitions."
      ]
    },
    "citation": "256B.0711",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Refers to the requirement that the compensation for unused sick time must not be less than the state's minimum wage.",
      "modified": []
    },
    "citation": "177.24",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section involves consumer direct community supports through grants.",
      "modified": [
        "Allows for waiver of sick and safe time provisions under certain grant programs."
      ]
    },
    "citation": "256.476",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Mentioned in context of exemptions for specific community support services.",
      "modified": [
        "Allows for waiver of sick and safe time provisions for certain services."
      ]
    },
    "citation": "256B.4911",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Refers to community first services and supports program.",
      "modified": [
        "Allows waiver of sick and safe time accrual for service providers."
      ]
    },
    "citation": "256B.85",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Used to determine work hours for sick time accrual for exempt employees.",
      "modified": [
        "Establishes assumed work hours for exempt employees."
      ]
    },
    "citation": "29 U.S. Code § 213",
    "subdivision": "a1"
  }
]