Bloomington, MN: Mandated Paid Sick and Safe Time Coming in 2023!

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APPLIES TO

All Employers with 5+ Employees

EFFECTIVE

July 1, 2023

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Bloomington City Council recently passed the Earned Sick and Safe Leave Ordinance requiring employers to provide certain employees in Bloomington with up to 48 hours of paid sick and safe time per year.  The ordinance covers all employers with five or more employees working anywhere. Full-time, part-time, and temporary employees performing work for a covered employer within Bloomington’s geographic boundaries for at least 80 hours in a year are eligible, including union employees under a collective bargaining agreement.

 

Permitted use. The permitted uses of paid sick and safe time are very broad and include, but are not limited to, mental and physical health care including diagnoses and preventative care; absence due to domestic abuse, sexual assault, or stalking; or closure of a place of business, school, or place of work due to a public health emergency. The permitted uses also extend to covered family members which include the employee’s child, stepchild, adopted child, foster child, adult child, spouse, sibling, parent, stepparent, mother-in-law, father-in-law, grandchild, grandparent, guardian, ward, or members of the employee’s household.

Notice and Documentation. Employers may require employees provide up to seven days’ advance notice for foreseeable needs of leave; otherwise, notice can be provided as soon as practical. Employers may also request reasonable documentation but only under limited circumstances. Information received about an employee or employee’s family member pertaining to health, medical, or domestic abuse, sexual assault, or stalking must be kept confidential. Employers must provide notice of an employee’s rights both in the employee handbook and in a posting in a conspicuous place at the workplace.

 

Accrual, Recordkeeping, and Frontloading. On the latter of July 1, 2023 or the employee’s date of hire, eligible employees will accrue 1 hour of paid leave for every 30 hours worked in the geographic boundaries of Bloomington. Maximum accrual is 48 hours per calendar year.  The calendar year is defined by the employer. Employers must record accruals no less frequently than monthly. Unused accruals may carry over but total accruals are capped at 80 hours unless the employer chooses to set a higher cap. Additional accruals will not resume unless the accrual bank drops below 80 hours. Employers may also grant a lump sum of 48 hours at the beginning of the calendar year and at least 80 hours at the beginning of each subsequent calendar year. Employers with existing PTO policies do not need to provide additional time off if the existing policy contains similar accrual and carryover requirements as well as the same purposes and conditions of the ordinance.

 

Compensation. Employers must provide compensation at the regular rate of pay for the hours the employee was scheduled to work during the time the employee uses the accrued sick and safe time. The regular rate of pay is the employee’s hourly rate excluding payments for shift differentials, for an hourly employee or an equivalent rate for an exempt employee. The ordinance contains very specific exclusions for other types of wages or payments from the calculation of the regular rate of pay. Upon separation, employers do not need to pay employees for unused accruals.  However, if an employee is rehired within 120 days of separation, unused accruals must be reinstated.

 

Employers cannot discriminate or retaliate against employees who exercise their rights under the ordinance by making material changes to the terms and conditions of their employment. The City Attorney’s Office is responsible for enforcing the ordinance. However, employees also have a private right of action under the ordinance to recover damages, costs, and attorney’s fees.

 

Action Items

  1. Review the ordinance here for coverage and eligibility.
  2. Have leave policies and employee handbooks updated.
  3. Display required poster in the workplace.
  4. Have appropriate personnel trained on leave requirements.
  5. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2022 ManagEase