Sick Leave for Minnesota Employees: What You Need to Know in 2025
Let me paint a picture of Minnesota's sick leave landscape that's as expansive as our 10,000 lakes:
Ever woken up in Minneapolis with a cold that makes the Spoonbridge and Cherry look fuzzy, or caught the flu while working in Rochester that not even the best hot dish from your neighbor could cure?
Key Objectives:
- Does Minnesota Require Paid Sick Leave?
- How Earned Sick and Safe Time Works in Minnesota
- When Can Sick Leave Be Used?
- Employer Responsibilities Under ESST
- Carryover and Payout of Sick Leave
- City-Specific Sick Leave Laws
- COVID-19 and Sick Leave
- FAQs About Sick Leave in Minnesota
- Common Misconceptions About Sick Leave in Minnesota
- Why Sick Leave Matters
Whether you're developing medical devices in the Medical Alley, mining iron ore on the Iron Range, or coding software in the North Loop, understanding Minnesota's approach to sick leave is as essential as knowing how to layer up for winter.
Here's what makes Minnesota's approach special: As of January 1, 2024, Minnesota enacted a statewide earned sick and safe time law. Like the mighty Mississippi that flows through our state, employees earn one hour of sick time for every 30 hours worked, up to 48 hours per year.
Just as we pride ourselves on being "Minnesota Nice," this law ensures workers can take care of themselves and their loved ones without worrying about lost wages. The law applies to nearly all employers, reflecting our state's commitment to workplace wellbeing - something as reliable as Paul Bunyan's stride.
Minnesota is a leader in ensuring workers have access to paid leave. Starting January 1, 2024, Minnesota's Earned Sick and Safe Time (ESST) law requires employers to provide earned sick leave to employees.
This law applies to most employers across the state, allowing workers to take time off for personal and family health needs or safety-related issues. Here’s a comprehensive guide to understanding Minnesota’s sick leave policies in 2025.
Does Minnesota Require Paid Sick Leave?
Yes, under the Earned Sick and Safe Time (ESST) law, employers must provide earned sick leave to their employees. Whether the leave is paid or unpaid depends on the size of the employer:
- Employers with 1 or more employees: Required to provide paid sick leave.
- Small employers (fewer than 21 employees): Must allow employees to earn unpaid leave if they cannot provide paid leave.
How Earned Sick and Safe Time Works in Minnesota
Who Is Covered?
- Covered Employees: Most employees in Minnesota, including part-time, temporary, and seasonal workers, are eligible for earned sick leave.
- Exclusions:
- Independent contractors.
- Workers covered by certain collective bargaining agreements that waive ESST protections.
Accrual and Usage
- Employees accrue 1 hour of sick leave for every 30 hours worked, up to a maximum of 48 hours per year.
- Unused leave can carry over to the following year, but employers may cap total accrual at 80 hours.
- Employees may begin using accrued leave 90 days after starting employment.
When Can Sick Leave Be Used?
Under the ESST law, earned sick leave can be used for:
- Personal Health Needs:
- Illness, injury, or medical conditions.
- Preventive care, such as doctor’s appointments or vaccinations.
- Family Care:
- Caring for a family member with a physical or mental illness, injury, or medical condition.
- Public Health Emergencies:
- When the employee’s workplace or child’s school/childcare is closed due to public health emergencies.
- Safety Reasons:
- Seeking medical care, relocation, counseling, or legal services due to domestic violence, sexual assault, or stalking.
Covered family members include:
- Spouses, domestic partners, children, parents, grandparents, grandchildren, siblings, and individuals whose close relationship is equivalent to a family relationship.
Employer Responsibilities Under ESST
Employers in Minnesota must:
- Provide Notice: Display posters and distribute information about employees' rights under the ESST law.
- Track Accrual and Usage: Keep accurate records of hours worked, sick leave accrued, and leave taken for at least three years.
- Prohibit Retaliation: Ensure employees are not penalized or discriminated against for using earned sick leave.
Employers who fail to comply with the ESST law may face penalties, including fines and restitution to employees.
Carryover and Payout of Sick Leave
- Carryover Rules: Unused sick leave can roll over to the next year, up to a maximum accrual of 80 hours.
- Payout at Termination: Employers are not required to pay out unused sick leave upon termination unless explicitly stated in the employer’s policy.
City-Specific Sick Leave Laws
Minneapolis, St. Paul, and Duluth already had local earned sick leave ordinances before the statewide ESST law took effect. The statewide law will now provide a uniform standard, though local laws may still apply if they offer greater benefits.
Key Features of Local Ordinances:
- Accrual rates and usage are similar to the statewide ESST law.
- Local ordinances may have stricter provisions or expanded protections.
COVID-19 and Sick Leave
While federal COVID-19-specific leave mandates, such as the Families First Coronavirus Response Act (FFCRA), have expired, Minnesota’s ESST law allows employees to use accrued leave for COVID-19-related reasons, including:
- Testing, treatment, or recovery.
- Quarantine or isolation due to exposure.
- Caring for a family member affected by COVID-19.
FAQs About Sick Leave in Minnesota
Q: Can employers require documentation for sick leave?
A: Employers may request reasonable documentation, such as a doctor’s note, if an employee uses more than three consecutive days of sick leave. However, they cannot require documentation that creates an undue burden.
Q: Are part-time or temporary employees eligible for sick leave?
A: Yes. Part-time, temporary, and seasonal employees accrue sick leave at the same rate as full-time workers.
Q: What happens if my employer doesn’t comply with the law?
A: Employees can file complaints with the Minnesota Department of Labor and Industry, which enforces compliance with the ESST law.
Common Misconceptions About Sick Leave in Minnesota
- “Only full-time employees qualify for sick leave.”
False. The ESST law applies to all employees, including part-time, temporary, and seasonal workers.
- “Unused sick leave must be paid out when an employee leaves.”
False. Employers are not required to pay out unused sick leave upon termination unless stated in their company policy.
- “Employees need to give detailed reasons for using sick leave.”
False. Employers cannot require employees to disclose specific reasons for taking leave.
Why Sick Leave Matters
The Earned Sick and Safe Time law ensures Minnesota employees have access to paid leave for health or safety-related reasons. For employees, this provides financial security and peace of mind when managing personal or family health issues. For employers, offering earned sick leave fosters a healthier workplace, reduces turnover, and boosts employee morale.
Final Thoughts
Understanding your sick leave rights in Minnesota can feel like navigating the skyways on your first day downtown - a bit complex at first, but ultimately designed to make life better. Whether you're an employee trying to understand your benefits or an employer looking to create supportive policies, staying informed is crucial.
If you're a business looking to navigate Minnesota's employment landscape while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCW Global's EOR solutions.
Remember, just as our state motto declares, "L'Étoile du Nord" (The Star of the North), creating supportive time-off policies isn't just good for employees - it's good for business. Like a proper "Minnesota Goodbye" that takes its time, taking care of our workforce is something we don't rush.
Need specific guidance? Consider consulting with your HR department, reviewing your employee handbook, or speaking with an employment law professional who understands Minnesota's unique business environment, where collaboration and community aren't just buzzwords - they're a way of life, you betcha.
Minnesota’s Earned Sick and Safe Time law sets a strong standard for worker protections, ensuring employees can balance their health, safety, and work responsibilities. Both employees and employers should familiarize themselves with the new statewide requirements to ensure compliance and maximize the benefits of this important workplace policy.
For more information, visit the Minnesota Department of Labor and Industry or consult your employer’s handbook. Local laws in Minneapolis, St. Paul, and Duluth may also provide additional benefits, so employees in these cities should review their specific rights.
