Bloomington, Minnesota Joins the Paid Sick Leave Bandwagon

Bloomington, Minnesota Joins the Paid Sick Leave Bandwagon

Bloomington is the latest city in Minnesota to enact an Earned Sick and Safe Leave ordinance. Beginning July 1, 2023, employers employing 5 or more employees must provide up to 48 hours of paid leave while employers employing fewer than 5 employees must provide unpaid leave.

Employers subject to the ordinance

Employer means a person or entity that employs one or more employees. Employer does not include the United States government, the State of Minnesota, or any county or local government, except the city.

Eligible employees

Employee means any individual who performs services for hire and compensation for an employer, including temporary and part-time, and who perform work within the geographic boundaries of the city for at least 80 hours in a year for that employer. Employee does not include employees classified as extended employment program workers, independent contractors or student interns.

Amount of leave

Employees shall accrue a minimum of one hour of sick and safe leave for every 30 hours worked up to a maximum of 48 hours in a calendar year.

Employers shall permit an employee to carry over accrued unused sick and safe leave to the following year, but the total may not exceed 80 hours, unless the employer agrees to a higher amount. Alternatively, employers may front-load 48 hours of sick and safe leave following the initial 90 days of employment for use by the employee during the first year, and 80 hours of sick and safe leave beginning each subsequent year.

Leave begins to accrue at the date of hire or July 1, 2023, whichever is later. Employees are entitled to use accrued sick and safe leave beginning 90 calendar days following date of hire. After 90 calendar days employees may use sick and safe leave as it is accrued.

Employers are not required to compensate an employee for accrued unused sick and safe leave upon the employee’s termination, resignation, retirement or other separation from employment.

Use of leave

Leave can be taken for one’s own needs or for the needs of a family member for the diagnosis or treatment of a physical or mental condition including preventive care services. In addition, leave can be taken for medical services or legal services due to domestic abuse, sexual assault, or stalking. Leave may also be taken due to closure of a place of business, school or day care due to a public health emergency or inclement weather.

Family member means the employee’s child, stepchild, adopted child, foster child, adult child, spouse, sibling, parent, stepparent, mother-in-law, father-in-law, grandchild, grandparent, guardian, ward, or members of the employee’s household.

Employer’s existing policy

An employer’s existing paid time off policy will satisfy the requirements of this Ordinance if it meets or exceeds all of the requirements of the Ordinance.

Employer notice/record retention

The City Attorney’s office shall, by the effective date of this Ordinance, publish and make available to employers, in all languages spoken by more than 5% of the workforce in the city, notices suitable for posting by employers in the workplace informing employees of their rights under this Ordinance.

Employers shall also post such notice in a conspicuous place at any workplace or job site where any employee works as well as including the notice in employee handbooks.

Upon request by an employee, the employer must provide, in writing or electronically, information stating the employee's amount of accrued sick leave available and used sick leave. Employers may choose a reasonable system for providing this notification, including, but not limited to, listing information on each pay stub or developing an online system where employees can access their own information.

An employer must maintain accurate records for each employee showing the amount of sick leave available and the amount of sick leave used. For non-exempt employees, employers must keep a record of hours worked. These records must be retained for a period of not less than three years in addition to the current calendar year. An employer must allow an employee to inspect his or her records at a reasonable time and place.

If an employer possesses health information about an employee or employee’s family member, such information shall be treated as confidential and not disclosed except to the affected employee or with the permission of the affected employee.

Employee notice

An employer may require no more than 7 days advance notice, if the need is foreseeable. If the need for leave is not foreseeable, notice as soon as practical may be required. An employer may require reasonable documentation that the leave is covered under the Ordinance for absences of more than three consecutive days, only if the employer provides health insurance benefits to the employee.

An employer may not require, as a condition of an employee's using leave, that the employee seek or find a replacement worker to cover the hours during which the employee uses leave.

An employer must allow an employee to use leave in the smallest amount of time tracked by the employer’s payroll system provided such increment is not more than four hours.

Enforcement

The City Attorney’s Office will enforce the Ordinance. For violations arising during the first year following the effective date of the Ordinance, the City Attorney’s Office will issue a warning letter. For subsequent violations the City Attorney’s Office may impose administrative penalties or fines.

This law needs to be coordinated with other federal, state or local laws.


The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.

Bloomington, Minnesota Joins the Paid Sick Leave Bandwagonhttps://www.cbiz.com/Portals/0/Images/Minnesota Sick Leave.jpg?ver=vHNajsRiBvoLaHRVSEtFEw%3d%3dBloomington joins other Minnesota cities in enacting an Earned Sick and Safe Time ordinance.2022-07-03T19:00:00-05:00Bloomington joins other Minnesota cities in enacting anEarned Sick and Safe Time ordinance.Regulatory, Compliance, & LegislativeEmployee Benefits ComplianceNo