Minnesota Governor Mark Dayton vetoed SF 3 of the 2017 special legislative session. Effective retroactively to January 1, 2016, the bill would have prevented local government entities from passing an ordinance that requires private employers to provide benefits (e.g., paid sick leave) or pay a minimum wage greater than that under state law. As a result, paid sick leave ordinances scheduled to take effect July 1, 2017, in Minneapolis and St. Paul will go forward.

According to Governor Dayton, "The role of state government is to set minimum standards for workplace protections, wages, and benefits, not maximums. Should local officials, who were elected by their constituents in their communities, approve higher wage and benefit levels to meet the needs of their residents, they ought to retain the right to do so."

Minneapolis sick and safe time ordinance

Under the Minneapolis sick and safe time ordinance, effective July 1, 2017, employers with six or more employees are required to provide paid sick leave to their employees. Employers of less than six employees must also provide sick leave to their employees, but they can choose to make the time off unpaid. Also, until July 1, 2022, new businesses, regardless of size, may choose to provide unpaid sick leave vs paid sick leave during their first year of business. This does not include new locations of an existing chain.

Sick and safe time must accrue at a rate of one hour for every 30 hours worked. An employer may cap an employee's accrual at 48 hours per year. An employer may also limit the total amount of unused sick and safe time that rolls over to subsequent years to 80 hours (or employers may "front-load" sick leave hours by giving employees the sick leave hours at the start of the year).

Sick and safe time can be used by employees:

— For the treatment, recuperation, or preventative care for a medical or mental health condition, illness, or injury of the employee ?or covered family member

— To seek law enforcement, counseling, or other services for domestic abuse, sexual assault, or stalking suffered by the employee or covered family member

— To care for family member during emergency closure of school ?or place of care, including for inclement weather

For more information, send an email to the city's Department of Civil Rights at sicktimeinfo@minneapolismn.gov or call +1 612 673 3000. See also the city's website.

St. Paul earned sick and safe time ordinance

Effective July 1, 2017, St. Paul's new Earned Sick and Safe Time (ESST) ordinance goes into effect. This ordinance applies to all employers in St. Paul; however, employers with less than 24 employees have a delayed effective date of July 1, 2018.

ESST must accrue at a rate of one hour of paid sick leave for every 30 hours worked, with a maximum of 48 hours per year. Employees can carry up to 80 hours of unused paid sick leave over to the next year (or employers may "front-load" sick leave hours by giving employees the sick leave hours at the start of the year).

Employees may use paid sick leave for their needs or the needs of their family or household members. Employees may use ESST for personal or family illness, or if they are a victim of domestic abuse, sexual assault or stalking.

The ordinance requires employers to provide notice to their employees of ESST. Go here for model employee ESST notices.

Employers with questions can send an email to the city at LaborStandards@ci.stpaul.mn.us or call +1 651 266 8900. For more information, see the city's website.

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