The recent adoption of the Earned Sick and Safe Time (“ESST”) law in Minnesota makes it necessary for small businesses to update their employee handbooks to reflect these new requirements. Implementing these changes not only ensures legal compliance but also supports a culture of trust and well-being.

Why Earned Sick and Safe Time Is Important Minnesota’s ESST law mandates that employees accrue sick and safe time to address health and safety needs. This legislative change underscores the state’s commitment to protecting the health of the workforce and their families.

Steps to Integrate ESST Policies Updating your handbook to include ESST policies involves several key steps:

1. Understand the Legal Requirements First, ensure you are fully informed about the specifics of the ESST law, including accrual rates, employee eligibility, and permissible uses. Under Minnesota law, employees accrue one hour of earned sick and safe time for every 30 hours worked, up to 48 hours per year.

2. Draft Clear and Comprehensive Policy Language Clearly explain how employees will accrue ESST, when and how they can use it, and any conditions they need to meet (e.g., providing notice or documentation). A sample policy might read: “Employees accrue one hour of earned sick and safe time for every 30 hours worked, up to a maximum of 48 hours annually. This time can be used for personal illness, medical appointments, or to care for a family member, among other qualifying reasons.”

3. Align and Update Existing Leave Policies Review your current PTO or medical leave policies and make necessary adjustments to ensure there are no conflicting terms. The integration should be seamless, avoiding overlaps that could confuse employees or create compliance risks.

4. Communicate the Changes Effectively Once your handbook is updated, communicate the changes to employees through formal channels. Consider holding informational meetings, sending detailed emails, or incorporating training sessions to help employees understand how these updates affect them.

5. Address Common Questions Include a Q&A section in the handbook or as an addendum to address anticipated employee questions, such as how ESST accrual works for part-time employees or whether unused time rolls over to the next year.

Ensuring Proper Implementation and Training Training supervisors and managers on the new ESST policies is essential to ensure consistent and fair application across the organization. They should be prepared to answer questions, handle leave requests, and manage any related documentation.

Tracking and Compliance Develop or update your timekeeping system to accurately track accrued and used ESST. This step is critical not only for compliance but also for maintaining trust between employers and employees.

By taking these steps, Minnesota small businesses can stay compliant while creating a supportive environment that acknowledges the health and safety needs of their workforce.