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August 15, 2025
Earned Sick and Safe Time (ESST) is paid leave that employers must provide to Minnesota employees to use for certain reasons, including when an employee is sick, to care for a sick family member, or to seek assistance if an employee or their family member has experienced domestic abuse, sexual assault, or stalking.
Effective July 1, 2025, Minnesota amended its ESST law in four ways: (1) to address the timing of employee notice for unforeseeable use; (2) to address the timing of an employer’s request for reasonable documentation of the reason for the employee’s absence; (3) to address employee voluntary shift trading; and (4) to address employer advances of sick and safe time. See 2025 Minn. S.F. No. 17.
Notice of an Unforeseeable Absence
Previously under the ESST law, when an employee took time off for an unforeseeable need, an employer could require the employee to provide notice of the need for time off “as soon as practicable.” Effective July 1, an employer may require notice of the need for time off “as reasonably required by the employer.” This changes provides the employer with more discretion as to timing, but such timing still must be reasonable.
Reasonable Documentation
Previously under the ESST law, an employer could require documentation that an employee’s time off is for an ESST-covered reason only for absences of three or more consecutive work days. Effective July 1, employers may request such documentation for absences of two or more consecutive work days.
Voluntary Shift Trading
Employers may not require an employee to find another worker to cover the hours of their expected absence. However, effective July 1, the ESST law provides that an employee may choose to find a replacement worker voluntarily.
Advancing ESST to Employees Based on Anticipated Hours
Employees accrue a minimum of one hour of ESST for every 30 hours worked. Employers may advance ESST to employees before they have accrued the time. Effective July 1, the ESST law clarifies the advancement of time as follows: “an employer is permitted to advance earned sick and safe time to an employee based on the number of hours the employee is anticipated to work for the remaining portion of an accrual year. If the advanced amount is less than the amount the employee would have accrued based on the actual hours worked, the employer must provide additional earned sick and safe time to make up the difference.”
Minnesota Employers: Update your policies and procedures to address these changes, and train your Human Resources personnel and managers on them.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Minnesota, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
