SF2605 (Legislative Session 94 (2025-2026))

Earned sick and safe time modification

Related bill: HF1325

AI Generated Summary

Purpose of the Bill

The bill aims to amend certain Minnesota employment laws specifically related to earned sick and safe time, introducing changes to the accrual, usage, and employer requirements for providing this leave.

Main Provisions

  • Penalty Waiver: No monetary penalties will be imposed for initial violations of earned sick and safe time requirements until after January 1, 2026.
  • Sick and Safe Time Definition and Payment Rates:

    • For most employers, sick and safe time is to be paid at the employee's base rate, not less than the state or local minimum wage.
    • Employers with 25 or fewer full-time equivalent employees have the option to pay sick and safe time at half the employee's hourly rate.
    • New employers, during their first 12 months of operation, are not required to provide paid sick and safe time.
  • Employee Definition: Expands the definition of who qualifies as an employee, excluding certain categories like independent contractors, volunteer firefighters, elected officials, and minors under 18, among others.

  • Accrual of Sick and Safe Time:

    • Employees accrue a minimum of one hour of sick and safe time for every 40 hours worked, up to 48 hours per year, unless the employer agrees to a higher amount.
    • Employers must allow carryover of unused sick and safe time up to 80 hours.
    • An alternative option allows employers to frontload up to 80 hours of sick and safe time for use in the subsequent year if carryover isn't permitted.
  • Usage and Notice Requirements:

    • Employers may require reasonable documentation for absences over three consecutive workdays.
    • Employees are protected from retaliation for requesting or using earned sick and safe time.
    • Employers must provide written notice to employees about their rights to sick and safe time and cannot deny sick and safe time if the notice was not given.
  • Family Member Definition: Broadens the definition of family member to include a wide range of relationships, ensuring employees can use sick and safe time for their care.

Significant Changes

  • The bill modifies existing statutes to allow flexibility and provide clarity in the administration of earned sick and safe time, particularly for small employers and new businesses.

  • It introduces new rules for the notification and documentation that employers can require from employees wishing to use their earned sick and safe time.

  • Employers are tasked with providing clear notices or employee handbook information about earned sick and safe time rights, with specific guidelines on how this information must be shared, including in various languages.

Relevant Terms

earned sick and safe time, penalty waiver, minimum wage, employee definition, family member, accrual, notice requirements, documentation requirements, employer notice, retaliation, small employers, new employers.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 16, 2025SenateFloorActionIntroduction and first reading
March 16, 2025SenateFloorActionReferred toLabor

Citations

 
[
  {
    "analysis": {
      "added": [
        "References to local minimum wage compliance."
      ],
      "removed": [
        ""
      ],
      "summary": "This legislation references the base wage requirements under section 177.24 for earned sick and safe time.",
      "modified": [
        "Ensures earned sick and safe time is not paid below the minimum wage."
      ]
    },
    "citation": "177.24",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "A subdivision preventing monetary penalties for initial violations until after January 1, 2026."
      ],
      "removed": [
        ""
      ],
      "summary": "This legislation modifies penalty waivers for violations under section 177.50.",
      "modified": [
        ""
      ]
    },
    "citation": "177.50",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Clarified exclusions for volunteer ambulance attendants for sick and safe time requirements."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill references definitions related to volunteer ambulance attendants in section 144E.001, subdivision 15, to specify who is not considered an employee.",
      "modified": [
        ""
      ]
    },
    "citation": "144E.001",
    "subdivision": "subdivision 15"
  },
  {
    "analysis": {
      "added": [
        "Clarified exclusions for ambulance service personnel for sick and safe time requirements."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill references definitions for ambulance service personnel in section 144E.001, subdivision 3a, to specify who is not considered an employee.",
      "modified": [
        ""
      ]
    },
    "citation": "144E.001",
    "subdivision": "subdivision 3a"
  },
  {
    "analysis": {
      "added": [
        "Exceptions for small employers relating to paid sick and safe time rates."
      ],
      "removed": [
        ""
      ],
      "summary": "This section addresses definitions and conditions regarding earned sick and safe time under section 181.9445, subdivision 4.",
      "modified": [
        "Definition of 'earned sick and safe time' adjusted for clarity."
      ]
    },
    "citation": "181.9445",
    "subdivision": "subdivision 4"
  },
  {
    "analysis": {
      "added": [
        "Additional categories of workers excluded from being considered employees."
      ],
      "removed": [
        ""
      ],
      "summary": "This section defines who qualifies as an employee under section 181.9445, subdivision 5.",
      "modified": [
        ""
      ]
    },
    "citation": "181.9445",
    "subdivision": "subdivision 5"
  },
  {
    "analysis": {
      "added": [
        "Expanded definitions of who qualifies as a family member."
      ],
      "removed": [
        ""
      ],
      "summary": "This section defines family member relationships under section 181.9445, subdivision 7.",
      "modified": [
        ""
      ]
    },
    "citation": "181.9445",
    "subdivision": "subdivision 7"
  },
  {
    "analysis": {
      "added": [
        "Employer exceptions for new businesses regarding sick and safe time."
      ],
      "removed": [
        ""
      ],
      "summary": "This section discusses the rules for accruing earned sick and safe time under section 181.9446.",
      "modified": [
        "Adjustments to accrual rates and carryover provisions for earned sick and safe time."
      ]
    },
    "citation": "181.9446",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Clarification regarding reasonable notice requirements and employer policies."
      ],
      "removed": [
        ""
      ],
      "summary": "This section discusses notice requirements under section 181.9447, subdivision 2.",
      "modified": [
        "Adapted notice requirements for unforeseeable use of sick and safe time."
      ]
    },
    "citation": "181.9447",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        "Provision for written statements as documentation under certain conditions."
      ],
      "removed": [
        ""
      ],
      "summary": "This section discusses acceptable documentation for using earned sick and safe time under section 181.9447, subdivision 3.",
      "modified": [
        "Clarifies types of documentation that may be required by employers."
      ]
    },
    "citation": "181.9447",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Requirements for employer notices in multiple languages."
      ],
      "removed": [
        ""
      ],
      "summary": "This section addresses notice and posting requirements by employers under section 181.9447, subdivision 9.",
      "modified": [
        "Expanded the options for how employers can provide notice to employees."
      ]
    },
    "citation": "181.9447",
    "subdivision": "subdivision 9"
  },
  {
    "analysis": {
      "added": [
        "Definition of workweek hours for exempt employees."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill references federal overtime exemption regulations under 29 USC 213a1.",
      "modified": [
        "Clarifies whom the overtime exemption applies to for the purpose of accrual."
      ]
    },
    "citation": "29 USC 213",
    "subdivision": "section 213a1"
  }
]