Effective July 1, 2017, Minnesota employers who have employees working in Minneapolis, regardless of their office location, will be required to give all employees who work a minimum of 80 hours a year paid sick and safe time. This means that employers must track work time for employees working in Minneapolis, even if their employer's office location is outside of Minneapolis.
The "Sick and Safe Time Ordinance" applies to employers with one or more employees, but only employers with six or more employees are required to offer paid sick and safe time. Otherwise, the Ordinance provides for unpaid sick and safe time. Employees accrue one hour of sick and safe time for every 30 hours worked up to a cap of 48 hours per year. Employees may only use accrued time 90 days after beginning employment. Although this accrued time can be rolled over into the following year, employees cannot bank more than 80 hours at a time.
Employees have broad discretion in the use of sick and safe time. This time can be used for their own health as well as the health of certain family members. They may also use sick time for the care of a family member whose place of care has been closed due to inclement weather. Finally, employees may also use paid sick time for safety-related concerns, like domestic abuse.
Employers will be required to keep specific records of the accrual and use of sick and safe time. Employers must also post a notice from the Department of Human Rights regarding this Ordinance. If an employer distributes an employee handbook, the handbook must be updated to include a notice of the employees' rights and remedies under the Ordinance. Finally, the Ordinance also includes protections against retaliation and lays out a process for enforcement, assessment of alleged violations and award of damages.
This Ordinance creates many new obligations for employers. Employers are encouraged to seek legal assistance in revising their policies to ensure compliance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
