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Policy 457 - ESST 1-1-24.docx
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Adopted:  12/21/2023

1st Reading: 12/21/2023

Revised:  

2nd Reading:  

457 – MN Employee Safe and Sick Time (ESST)

Purpose

Minnesota Law requires all Minnesota employers provide employees who perform services for at least 80 hours per year, up to 48 hours of ESST per year. The paid time off would accrue at a rate of 1 hour for every 30 hours worked, up to a maximum of 48 hours in a year. Art and Science Academy’s PTO accrual methods are inclusive of Minnesota Law.  Employer is defined as any person who has one or more employees and includes both public entities and private businesses.

General Statement of Policy

Art and Science Academy (ASA) will provide employees with 48 hours PTO inclusive of ESST available for immediate use beginning January 1, 2023 and each school fiscal calendar year July 1 through June 30 thereafter.  

Policy Specifics

Procedures:

Eligible Use of PTO (ESST)

An employee may use accrued PTO (ESST) for:

  1. An employee’s:
  1. The care of a family member:
  1. An absence due to domestic abuse, sexual assault, or stalking of the employee or employee’s family member, provided the absence is to:
  1. Closure of ASA due to weather or other public emergency or an employee’s need to care for a family member whose school or place of care has been closed due to weather or other public emergency.
  2. The employee’s inability to work or telework because the employee is: (i) Prohibited from working by the employer due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or (ii) Seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such employee has been exposed to a communicable disease or the employee’s employer has requested a test or diagnosis; and
  3. When it has been determined by the health authorities having jurisdiction or by a health care professional that the presence of the employee or family member of the employee in the community would jeopardize the health of others because of the exposure of the employee or family member of the employee to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease.


Definition of Family Member

“Family member” refers to:

  1. An employee’s:
  1. Any family members listed in clause (1) of a spouse or registered domestic partner.
  2. Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.
  3. Up to one individual annually designated by the employee.

Carryover

Employees that earn 1 hour per 30 hours worked will be permitted carryover of up to 80 hours each fiscal calendar year July 1 through June 30.  Employees that receive a lump sum of 48 hours July 1 will have no carryover of ESST time, however the carryover designated per employment contract will remain in force.  

Notice of Intent to Use ESST

An employer can require notice of the need for use of ESST.  If the need for use is foreseeable, an employer can require advance notice of the intention to use ESST but must not require more than seven (7) days advance notice.  If the need is unforeseeable, an employer may require an employee to give notice of the need for ESST as soon as practicable.  An employer that requires notice of the need to use ESST must have a written policy containing reasonable procedures for employees to provide notice of the need to use ESST.

When an employee uses ESST for more than three (3) consecutive days, an employer may require reasonable documentation that the ESST is covered by the statute.  The type of document that can be requested varies, depending on the reason for using ESST.

PTO Policy Can Replace ESST

ASA fulfills the obligation to provide ESST with a paid time off (PTO) policy, provided the accrual and use of PTO complies with the ESST statute. Nothing in the statute is to be construed to limit the right of parties to a collective bargaining agreement to bargain and agree with respect to ESST policies or to diminish the employer’s obligation to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that meets or exceeds, and does not otherwise conflict with, the minimum standards in the statute.

Collective Bargaining Agreements

The provisions of the statute may be waived by a collective bargaining agreement with a bona fide building and construction trades labor organization that represents the affected building and construction industry employees.  However, for such a waiver to be valid, it must explicitly reference the statute and clearly and unambiguously waive application of the statute to the employees.

Job protections

The law prohibits ASA from requiring employees to find a replacement worker while on paid leave. ASA’s use of ESST cannot result in retaliation or any adverse action under an absence control policy or attendance point system. Other forms of retaliation are prohibited:

On return from leave, an employee will be entitled to return to the former position at the same preleave rate of pay, plus any automatic pay adjustments occurring during the leave. In addition, returning employees will retain all accrued preleave benefits and seniority. An agreement to work part-time during leave will not affect an employee’s return-to-work rights.

Benefit continuation. ASA will maintain all group insurance, group subscriber contracts and health plan coverage for the employee and dependents, as long as the employee continues paying active employee rates.

Employer responsibilities

In addition to providing paid leave and defining the year, ASA will comply with earnings statements, posting and recordkeeping obligations.

Earnings statement. Minnesota employers already must include considerable information in employees’ earnings statements each pay period. Starting in 2024, earnings statements must include PTO (ESST) hours accrued and available, as well as PTO (ESST) hours used during the pay period.

Notice. ASA will have to provide all employees a DLI-created uniform ESST notice, along with a copy of  ASA’s written policy for providing notice of leave. The ESST notice will include leave amounts, the accrual year, terms of use, the ban on retaliation and complaint/civil action rights. Employers can meet the notice requirement by any of the following methods:

ASA must also include the notice in an employee handbook, if applicable. ASA must provide the notice to employees in English and an employee’s self-identified primary language.

Recordkeeping. ASA will have to keep records of an employee’s hours worked and ESST taken for at least three years and comply with all of the recordkeeping requirements under the state’s Fair Labor Standards Act.  ASA will have to make records available to DLI within 72 hours of a request and allow employees to inspect their records at a reasonable time and place. Any records or documents that contain health or medical information, pertain to domestic or sexual assault, or relate to ESST leave requested or taken must be kept confidential.  ASA must destroy records more than three years old on an employee’s request.

Legal References: