HR-Alert: Bloomington and Saint Paul Amend Earned Sick and Safe Time Ordinance to Align with Minnesota for January 1, 2024

Earlier this year we shared that the state of Minnesota passed Earned Sick and Safe Time (ESST), which requires employers to provide paid sick time to eligible employees starting January 1, 2024. Most recently, counties such as Bloomington and Saint Paul have revised their existing sick and safe time ordinances to align with Minnesota ESST.

At this time, employers in Duluth and Minneapolis will continue to be subject to their existing sick and safe time ordinances but must comply with the more generous ordinance.

Amendment Quick Facts

• Both Bloomington and Saint Paul removed the 90-day waiting period, allowing employees to use leave as it is accrued, which aligns with Minnesota ESST
• Both Bloomington and Saint Paul realigned to Minnesota’s reasons for leave and now mirror Minnesota’s definition of eligible family members
• Both Bloomington and Saint Paul realigned to Minnesota ESST’s frontloading provisions:
  • Frontloading with pay and no carry-over:
    • Employees must be provided a minimum of 48 hours for immediate use
    • ESST must be paid out at the end of the year
    • No carry-over provision required
  • Frontloading with no pay out and no carry-over:
    • Employees must be provided a minimum of 80 hours for immediate use
    • ESST is not required to be paid out at the end of the year
    • No carry-over provision require
  • Bloomington specific revisions:
    • Under the previous ordinance, employers with five (5) or more employees must provide paid leave up to 48 hours per year and employers with less than five (5) employees must provide unpaid leave up to 48 hours per year. Bloomington will now align to Minnesota ESST that requires all employers to provide paid sick leave to employees
    • The amendment clarifies reasonable documentation an employer may request for use of leave
  • Saint Paul specific revisions:
    • Saint Paul revised their definition of employees covered; covered employees no longer include flight deck or cabin crew members employed by an air carrier who (1) work less than the majority of their hours in Saint Paul each year and (2) receive paid leave equal to or exceeding the amounts set by the ordinance
    • The amendment clarifies covered employers to include a staffing agency that provides at least one (1) temporary employee in Saint Paul for at least 80 hours in the calendar year.
    • If using the frontload method, Saint Paul requires employers to apply the same frontload method to all employees
    • Employers are prevented from requesting details related to domestic abuse, sexual assault, stalking or medical conditions related to an employee’s request to use leave

Employer Next Steps
We have summarized key steps employers should take.

• Bloomington and Saint Paul employers should review their existing policies to ensure compliance with these amendments before their effective date of January 1, 2024
• Employers should post the updated ESST notices once available and no later than January 1, 2024
• Employers should continue to monitor both Bloomington and Saint Paul respective websites for additional resources

If you have any questions regarding this HR-Alert, please email us.

This content is provided with the understanding that Hilb Group is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice.