DLI Website Highlights Sick and Safe Leave Law

May 04, 2022

Woman assists man with walker in a home settingThe Minnesota Department of Labor and Industry recently launched the webpage, which includes a summary of the Minnesota sick and safe leave law, explanations of who is covered and what is covered, along with offering a fact sheet. MCIT members are encouraged to review their personnel policies to confirm that the provisions of Minnesota’s sick and safe leave law are included, where applicable.

Minnesota Statutes, Section 181.9413 does not require employers to provide personal sick leave benefits. Rather, the statute establishes minimum requirements for sick leave use when it is provided. Conversely, the statute explicitly does not prevent employers from offering greater leave benefits than those provided in this law.

General Sick and Safe Leave Law Provisions

Under Minnesota Statutes, Section 181.9413, employers that provide time off (sick leave, PTO, etc.) to employees for their own illness or injury must also permit an eligible employee to take time off for both:

Absences due to an illness or injury to the employee’s child, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent for reasonable periods as the employee’s attendance may be necessary on the same terms the employee is able to use personal sick leave benefits for the employee’s own illness or injury.

Safety leave for themselves or a family member (listed above) for reasonable periods as may be necessary to provide or receive assistance because of sexual assault, domestic abuse, harassment or stalking.

Minnesota’s sick and safe leave law applies to employers with at least 21 or more employees at one site and that offer personal sick leave benefits. Personal sick leave benefits include time accrued and available to an employee to be used for an absence from work due to personal illness or injury but do not include short-term or long-term disability or other salary continuation benefits.

For an employee to be eligible, the employee must have been employed by the employer for at least 12 months and have worked at least half-time on average during the 12-month period prior to the leave.

An employer may limit the use of safety leave or personal sick leave benefits for illness or injury to the employee’s family members, other than a minor child, to 160 hours in any 12-month period.