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Bloomington mandates paid ‘sick and safe leave’ effective July 1, 2023

July 2022 employment law letter
Authors: 
Grant T. Collins, Felhaber Larson

Bloomington recently joined the ranks of Minneapolis, St. Paul, and Duluth by mandating paid sick and safe leave (or SSL) beginning on July 1, 2023. Specifically, the Bloomington City Council passed an ordinance requiring covered employers to provide individuals who are working in the city with at least one hour of SSL for every 30 hours worked, up to 48 hours per year.

Accrual and use

The Bloomington measure mostly follows the Minneapolis and St. Paul ordinances and requires employees to accrue at least one hour of SSL for every 30 hours worked in the city. They must be permitted to accrue at least 48 hours of SSL each year and carry over at least 80 hours of unused time from one leave year to the next. A last-minute amendment stipulated that employers with fewer than five employees must provide them with SSL, but the time may be unpaid.

The Bloomington rule also tracks other sick leave ordinances and allows employees to use accrued and unused SSL for a host of reasons relating to the worker’s medical condition and that of a “family member.” It also allows usage for certain closures, including for a family member’s “school or place of care.”

Potential exemption for current leave policies

Like the ordinances in Minneapolis, St. Paul, and Duluth, the Bloomington SSL measure contains an exception for existing policies, provided they meet the accrual and use requirements set forth in the ordinance. Thus, Bloomington employers with generous leave policies may still need to update their policies before July 2023.

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