Recent changes to Minnesota’s Earned Sick and Safe Time (ESST) law, effective July 1, 2025, include modifying rules on how employees can find replacement workers by trading shifts and allowing employers to advance ESST hours to new employees starting January 1, 2026. The amendments also adjust how employers can require notice for unforeseeable absences. The ESST law’s core provisions require employees to accrue one hour of paid time for every 30 hours worked, up to 48 hours per year.
Recent changes to the ESST law:
- Shift trading: Employees can now voluntarily seek or trade shifts to cover an ESST absence.
- Advancing hours: Starting January 1, 2026, employers can advance ESST hours to new employees based on their anticipated hours for the remainder of the year.
- Notice for unforeseeable absences: Employers can now require notice for an unforeseeable absence “as reasonably required by the employer,” a change from the previous “as soon as practicable” standard.
- Documentation for absences: Employers can require documentation for ESST absences.
Key provisions of the ESST law:
- Accrual: Employees earn a minimum of one hour of ESST for every 30 hours worked.
- Maximum accrual: The maximum number of ESST hours an employee can accrue per year is 48, unless the employer agrees to a higher amount.
- Payment: ESST must be paid at the same base rate as the employee’s regular pay.
- Permitted uses: ESST can be used for an employee’s own or a family member’s illness, injury, preventive care, or for absences due to domestic abuse, sexual assault, stalking, or school/childcare closures.
- Employer requirements: Employers must provide employees with available ESST hours and a notice at the start of employment.
Local ordinances: Cities like Bloomington, Minneapolis, and St. Paul have their own ESST ordinances.
