Paid Time Off (PTO)

Duluth, Minnesota’s new Earned Sick and Safe Time (ESST) law goes into effect on January 1, 2020. Below we’ve provided some important information about the law for employers and employees.

Details of the Earned Sick and Safe Time Law

Employer Requirements

Under the law, employers with 5 or more workers must provide ESST to all part-time and full-time employees working within Duluth’s city limits. Employees must earn 1 hour of paid leave for every 50 hours they have worked in the city.

In addition, employers must allow employees to accrue up to 64 hours of ESST per year, and to carry over into the following year 40 hours of unused paid time off.

For a period of three years, employers are required to keep accurate records of hours worked by employees, as well as the number of ESST hours employees have accrued and used.

The new Earned Sick and Safe Time notice has been released. On or before January 1, 2020, employers must post the notice in their workplaces where employees can easily see it.

Employee Use of Earned Sick and Safe Time

Employees may use ESST for several purposes, including:

  • To care for themselves or a family member due to a physical or mental health condition or illness
  • To go to a doctor’s appointment or seek preventative care
  • To care for themselves, a family member, or a roommate related to an act of domestic violence, sexual assault, or stalking

The ESST law’s definition of “family member” includes “any individual related by blood or whose close association with the employee is the equivalent of a family relationship” and a long list of potential family members; for example, a spouse or domestic partner, a sibling or foster sibling, an adopted or foster child, and a parent or step-parent.

Retaliation Protections for Employees

Under the Earned Sick and Safe Time law, employers may not retaliate against employees for asserting their right to request or use ESST.

Additionally, employers may not retaliate against employees for filing a complaint with the City of Duluth or telling others about their rights under the law.

Employees who believe their employer has violated their right to Earned Sick and Safe Time may file a complaint with the Duluth City Clerk via phone (218-730-5500) or via email (sicktimeinfo@duluthmn.gov). The Earned Sick and Safe Time notice includes this contact information, as well as the City Clerk’s Earned Sick and Safe Time website.

We Can Keep You in Compliance

If you order our City/County Poster 1-Year Plan, you will automatically receive the new City of Duluth poster in plenty of time before January 1, 2020. And because we provide free poster updates for mandatory changes, no matter how many occur during the plan year, you can always count on Poster Compliance Center to keep your business in compliance!