All Private Employers of Six or More Employees
July 1, 2017
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The Minneapolis Sick and Safe Time Ordinance (“Ordinance”), passed by the City Council on May 27, 2016, requires private employers of at least six employees in any location to begin providing paid sick leave (“PSL”) benefits by July 1, 2017 to any employees working in Minneapolis. Employers of five or fewer are subject to the same provisions, but can offer unpaid time off.
Key provisions of the Ordinance are:
- Eligibility – Minneapolis employees working at least 80 hours in one calendar year.
- Use – Employees can begin to use their accrued PSL after an introductory period consistent with employer practice, and no longer than 90 days after employment. PSL can be used in maximum increments of four hours. PSL is available for an employee’s own illness, preventative or diagnostic care; care for qualifying family members; to handle domestic abuse, sexual assault or stalking affecting themselves or their family members; and to care for family members whose school or place of care are unexpectedly closed.
- Accrual – 1 hour of PSL earned per 30 hours worked. Accrual can be capped at 48 hours in one calendar or fiscal year. Accrued, unused PSL carries over to the next year for a maximum accrual cap of 80 hours.
- Notices and Recordkeeping – Employers must conspicuously display a poster published by the Minneapolis Department of Civil Rights in English and any other language spoken by at least five percent of the employees at the Minneapolis location, if the poster has been made available in that language. If the employer issues an employee handbook, a notice of employee rights and remedies must be included in the handbook as well. Records of accrual and use of sick time must be retained for at least three years in addition to the current calendar year. A copy of current PSL balance must be provided upon an employee’s request.
- Employee’s Notice – Employers may require documentation of absences lasting more than three consecutive workdays. Employers can also request that workers taking paid sick time provide up to seven days’ advance notice when the need for PSL is foreseeable.
- Reinstatement of Benefits – If rehired within 90 days, the employee’s previously accrued, unused PSL must be reinstated.
Note that employers who currently provide a paid sick time or other paid time off policy that meets or exceeds the Ordinance’s requirements are not required to provide additional sick time. The Ordinance also provides a five year grace period for new employers (except for chain establishments), who are permitted to provide unpaid sick leave for the first year the company is in business.
- The required postings have not yet been published. Look for more news from ManagEase or check the City’s website for publication at a later date.
- Contact ManagEase at (888) 230-3231 for assistance in reviewing paid sick leave policies and procedures for compliance, or drafting and implementation of new paid sick leave policies.
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.
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