Background: The Minneapolis “Sick and Safe Time” ordinance requires employers with at least 6 employees to provide paid sick and safe time leave to employees who “work in” the City of Minneapolis, while employers with less than 6 employees must provide unpaid leave. This includes employers who are “based outside” of Minneapolis and do not have offices within the city.
Legal History: The Minnesota Chamber of Commerce challenged the City of Minneapolis’ “Sick and Safe Time” laws (effective July 1, 2017) and obtained an injunction in Hennepin County District Court. The injunction prohibited the City of Minneapolis from enforcing its ordinance against employers who are based outside of Minneapolis. The City of Minneapolis appealed, and the Minnesota Court of Appeals reversed the district court’s decision (vacating the permanent injunction). Last week, the Minnesota Supreme Court affirmed the Court of Appeals decision.
So, what does this mean and why is it important? If you are a business owner or employee you may be affected by the Minnesota Supreme Court’s decision upholding the Minneapolis “Sick and Safe Time” laws.
Eligibility and Accrual: Any employee who works 80 hours a year is eligible and earns 1 hour of leave for every 30 hours worked in a calendar year. Employees also have the right to carry over unused sick and safe time into the next year, but the total amount of accrued sick and safe time may not exceed 80 hours.
Working in Minneapolis: (a) Hours spent by an individual while travelling through the City do not count toward either the 80-hour requirement for coverage under the Ordinance or for the accrual of sick and safe time if the employee makes no stops for work purposes, or makes only incidental stops not considered to be duties or functions of the job (e.g. purchasing gas, eating a meal, or changing a flat tire);
(b) Additionally, an individual who attends a convention, conference, training, educational class, or similar in the City, but performs no other work in the City for an Employer, is not covered by the Ordinance;
(c) However, an individual who travels through the City, and stops in the City as a purpose of their work (e.g. to make pickups or deliveries or perform other job duties), is covered by the Ordinance for all hours worked in the City. This applies only if the individual performs more than 80 hours of work in Minneapolis within a Calendar Year.
Employer’s Obligations: Employers must post a notice of employee rights under Chapter 40 in the workplace. A business owner must also keep records of the amount of sick and safe time accrued by each employee and make that information available to employees upon request.
Use of Sick Time: An employee may use accrued sick and safe time for:
(1) An employee’s:
(a) Mental or physical illness, injury, or health condition;
(b) Need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or
(c) Need for preventive medical or health care.
(2) The care of a family member:
(a) With a mental or physical illness, injury, or health condition;
(b) Who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or
(c) Who needs preventive medical or health care.
(3) An absence due to domestic abuse, sexual assault, or stalking of the employee or employee’s family member, provided the absence is to:
(a) Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking;
(b) Obtain services from a victim services organization;
(c) Obtain psychological or other counseling;
(d) Seek relocation due to domestic abuse, sexual assault, or stalking; or
(e) Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking.
(4) The closure of the employee’s place of business by order of a public official to limit exposure to an infectious agent, biological toxin or hazardous material or other public health emergency.
(5) To accommodate the employee’s need to care for a family member whose school or place of care has been closed by order of a public official to limit exposure to an infectious agent, biological toxin or hazardous material or other public health emergency.
(6) To accommodate the employee’s need to care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected closure.
Records Upon request by an employee: Upon request, the employer must provide, in writing or electronically, information stating the employee’s then-current amount of:
(1) Accrued sick and safe time available to the employee; and
(2) Used sick and safe time.
End of Employment Relationship: Nothing in the Sick and Safe Time Ordinance requires employers to pay out unused sick and safe time hours at the time the employment relationship is terminated. However, employers may choose to do so.
Checklists: For a checklist for Employees see here. For a checklist for Employers see here.
Enforcement: Minneapolis’ Department of Civil Rights implements and enforces the Ordinance. Employers who violate the Ordinance are subject to administrative fines, enforcement actions, and civil penalties. If you need to report a violation click here.
We strongly encourage you to consult legal counsel for your employment law issues and are happy to advise you on these issues and other legal issues that affect you or your business.