Minnesota Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Minnesota.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Minnesota Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Yes, there is a law in place that mandates eligible employers to provide paid sick leave to qualified employees. It is covered under Earned Sick and Safe Time (ESST) law and went into effect on January 1, 2024.

Are There Requirements to be Eligible for Paid Sick Leave in Minnesota?

In order to be eligible for paid sick leave in Minnesota, an employee must work at least 80 hours in a year for an employer in the state. Certain exemptions apply (covered in the FAQ section below).

Is There a Minimum Amount of Paid Sick Time Required in Minnesota?

The accrual rate for paid sick leave in Minnesota is 1 hour for every 30 hours worked, totaling at least 48 hours in a year.

Employers are permitted to frontload 48 hours of sick time at the start of the year.

What Can PSL be Used for in Minnesota?

In Minnesota, eligible employees may use their paid sick time to care for their own injury, illness, or need to seek treatment or preventive care. They can also use it to care for sick or injured family members.

The also stipulates that paid sick leave may be used to cover work time due to a closure of the employee’s workplace or a family member’s care facility or school (caused by public emergency or weather). It is also able to be used when an employee is at risk of infecting others with a communicable disease. Additional uses relate to the death of a family member, including addressing legal or financial matters, making funeral arrangements, or attending funeral or memorial services.

Is Paid Sick Leave Required to be Carried Over Each Year in Minnesota?

Yes, eligible employers are required to offer the option to carry over up to 48 hours to the next year up to a maximum of 80 hours. However, employers using the frontload method (rather than the accrual method) aren’t required to carry over sick leave time.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Minnesota?

Paid time off is not a required benefit in Minnesota. Paid sick leave is required of most employers in the state.

Common Minnesota Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Minnesota?

If you work at least 80 hours per year for an eligible employer, you are entitled to earn 1 hour of paid sick leave for every 30 hours worked, up to 48 hours in a year.

Does paid sick leave apply to all employees who work in Minnesota?

Paid sick leave applies to most employees working at least 80 hours in a year for an employer in Minnesota.

Which employees are exempt or partially exempt from the paid sick leave law in Minnesota?

The following employees are not covered under Minnesota’s ESST law:

• Employees working less than 80 hours in a year
• Federal employees
• Volunteer and paid-on-call firefighters
• Independent contractors
• Certain construction and building industry employees covered under a collective bargaining agreement
• Volunteer ambulance attendants and service personnel serving in paid on-call positions
• Elected officials
• Individuals appointed to fill a vacancy to elected office
• Employees of farmers/family farms working 28 days or fewer per year
• Certain family caregivers

Do I have to notify my employer before taking sick leave in Minnesota?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Minnesota?

The law protects employees from retaliation by their employer for using paid sick leave. However, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

WorkforceHub, a time and labor platform, can help your company manage any requirements associated with accruals. Learn more and try it for free today.

Minnesota Earned Sick and Safe Time (ESST)

Minnesota Earned Sick and Safe Time (ESST) FAQ

Minnesota Department of Labor and Industry