Employers allowed to front-load a prorated amount of earned sick and safe time to an employee.

A bill for an act

relating to employment; allowing employers to front-load a prorated amount of

earned sick and safe time to an employee; amending Minnesota Statutes 2024,

section 181.9446.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 181.9446, is amended to read:

181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.

(a) An employee accrues a minimum of one hour of earned sick and safe time for every

30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.

Employees may not accrue more than 48 hours of earned sick and safe time in a year unless

the employer agrees to a higher amount.

(b)(1) Except as provided in clause (2), employers must permit an employee to carry

over accrued but unused sick and safe time into the following year. The total amount of

accrued but unused earned sick and safe time for an employee must not exceed 80 hours at

any time, unless an employer agrees to a higher amount.

(2) In lieu of permitting the carryover of accrued but unused sick and safe time into the

following year as provided under clause (1), an employer may provide an employee with

earned sick and safe time for the year that meets or exceeds the requirements of this section

that is available for the employee's immediate use at the beginning of the subsequent year

as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and

safe time at the end of a year at the same base rate as an employee earns from employment

and in no case at a rate less than that provided under section
177.24
or an applicable local

minimum wage; or (ii) 80 hours, if an employer does not pay an employee for accrued but

unused sick and safe time at the end of a year.

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(c) Notwithstanding any other law to the contrary, if an employee begins employment

in the middle of an employer's 12-month consecutive year, the employer satisfies the

requirements of this section by providing a prorated number of earned sick and safe time

hours for immediate use based on the amount of days remaining in the employer's 12-month

consecutive year, or on an accrual basis as provided in paragraph (a).

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(c)
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(d)
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Employees who are exempt from overtime requirements under United States

Code, title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work

40 hours in each workweek for purposes of accruing earned sick and safe time, except that

an employee whose normal workweek is less than 40 hours will accrue earned sick and safe

time based on the normal workweek.

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(d)
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(e)
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Earned sick and safe time under this section begins to accrue at the commencement

of employment of the employee.

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(e)
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(f)
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Employees may use earned sick and safe time as it is accrued.