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Statewide Earned Sick and Safe Time Leave Law takes effect January 1, 2024

December 2023 employment law letter
Authors: 

Colleen Kaufenberg, Felhaber Larsen

With the effective date of Minnesota’s Earned Sick and Safe Time (ESST) Leave Law fast approaching, we present a rundown of frequently asked questions (FAQs) about the law so you can be ready.

FAQs addressing the significant provisions of ESST

What is ESST, and when do I need to comply?

Effective January 1, 2024, Minnesota’s ESST entitles covered employees to earn paid sick leave for a wide variety of personal and family-related purposes every year.

Who are covered employees?

All employees (including part-time and temporary employees) who work for a Minnesota employer in the state for at least 80 hours in a year are covered. Employees who work out of state for a Minnesota employer aren’t covered.

Federal employees and independent contractors aren’t covered.

Unless there’s a contract stating otherwise, temporary employees supplied by a staffing agency are considered employees of the agency, and the agency is responsible for ESST obligations.

Certain individuals employed by an air carrier as flight deck or cabin crew members aren’t covered.

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