Minnesota Earned Sick and Safe Time

The University provides Minnesota Earned Sick and Safe Time (“ESST”) to eligible employees in accordance with statutory requirements. This paid time off benefit is coordinated with other paid time off benefits that the employee may be eligible to receive.

Use of Minnesota Earned Sick and Safe Time

ESST may be used to provide paid time off for the following purposes:

1. An employee's:
1. mental or physical illness, injury, or other health condition;
2. need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;
3. need for preventive medical or health care; or
4. need to make arrangements for or attend funeral services or a memorial, or address financial or legal matters that arise after the death of a family member.
2. An employee’s care of a family member:
1. with a mental or physical illness, injury, or other health condition;
2. who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition; or
3. who needs preventive medical or health care.
3. An employee’s absence due to domestic abuse, sexual assault, or stalking of the employee or employee's family member, provided the absence is to:
1. seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking;
2. obtain services from a victim services organization;
3. obtain psychological or other counseling;
4. seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking; or
5. seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking.
4. The University’s announcement of a closure or reduced operations due to weather or other public emergency, under the Administrative Policy: Campus and Building Closing, if as a consequence of the announcement an employee is unable to work; or an employee's need to care for a family member whose school or place of care has been closed due to weather or other public emergency.
5. An employee's inability to work during a declared public emergency because the employee is:
1. prohibited from working by the University due to health concerns related to the potential transmission of a communicable illness related to the public emergency; or
2. seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency, and such employee has been exposed to a communicable disease or the University has requested a test or diagnosis.
6. When health authorities having jurisdiction, or healthcare professionals, determine that the presence of the employee or their family member in the community would jeopardize the health of others, because of the exposure of the employee or their family member to a communicable disease.
7. An employee’s absence due to the need to make funeral arrangements, attend a funeral service or memorial, or address financial or legal matters that arise after the death of a family member.

Eligibility for Minnesota Earned Sick and Safe Time

All employees who work for a wage or salary, including temporary and casual employees, student workers, and professionals in training, are eligible for ESST leave if they are anticipated to work at least 80 hours in a calendar year. An employee’s eligibility for ESST is independent of their eligibility for any other form of paid leave provided by the University, whether such leave is provided under a University policy, the Civil Service Employment Rules, or a collective bargaining agreement. Unless otherwise provided by collective bargaining agreement, this ESST benefit is coordinated with any other paid time off benefits that the employee may be eligible to receive.

In cases where more than one type of paid time off is available for the same reason, the employee may choose which type of paid time off to submit, subject to the provisions that apply under the applicable policy, rule, or collective bargaining agreement.

When an employee uses paid time off, including ESST, for a reason also covered under the Administrative Policy: Family and Medical - FMLA Leave, such time will run concurrently with that leave.

Employees are eligible to use ESST only to cover time when they would otherwise be expected to perform work. In determining whether an employee is expected to perform work at a specific time, supervisors may not take into consideration an employee’s eligibility to use ESST.

Accrual of Minnesota Earned Sick and Safe Time

Subject to the provisions of a collective bargaining agreement, eligible employees who earn sick time or an equivalent benefit don’t receive separate ESST. Instead, the time they already earn includes the required ESST time.

Eligible employees, subject to the provisions of a collective bargaining agreement, who do not otherwise accrue sick time or other equivalent time, are entitled to accrue 2 minutes of ESST for every hour worked, up to a maximum of 48 hours per calendar year. Up to 80 hours of accrued but unused ESST will be carried over to the next calendar year. Whenever a balance of 80 hours is reached, accruals of ESST will stop until the balance drops below 80 hours. At that time, the employee will be eligible for additional accruals up to the maximum of 48 hours in a calendar year and 80 hours total.

Termination and Reinstatement

For those eligible employees earning ESST, their accrued hours have no cash value except when used to cover a qualifying absence, and any accrued but unused hours are not paid out under any circumstances upon the employee’s termination of employment. If the employee returns to work for the University within 180 calendar days of their termination, any previously earned but unused ESST shall be reinstated, and the employee shall be entitled to use the reinstated balance and, provided the employee is not accruing sick time or other equivalent time, will accrue additional ESST upon their return.

Documentation

When an employee uses ESST for more than two consecutive scheduled work days, documentation may be required as described below:

1. For ESST needed for reasons numbered 1, 2, 5 and 6, reasonable documentation may include:
1. a signed statement by a health care professional indicating the need for it, or
2. a written statement from the employee indicating that the employee is using or used it for one of the specific reasons numbered 1, 2, 5 and 6.
2. For ESST needed for reason number 3, reasonable documentation includes a court record or documentation signed by a volunteer or employee of a victim services organization, an attorney, a police officer, or an anti-violence counselor or a written statement from the employee indicating that the employee is using or used it for that reason.
3. For ESST needed due to reason number 4, reasonable documentation includes a written statement from the employee indicating that the employee is using or used it for that reason.

Documentation must be provided in accordance with procedures established by the employee’s Campus, College, or Administrative Unit that are consistent with the requirements of this policy. When providing documentation in support of a request to use ESST, employees cannot be required to disclose the details relating to domestic abuse, sexual assault, or stalking, or the details of a medical condition.

At the employee’s option, documentation may be provided to designated human resources staff rather than the employee’s immediate supervisor to maintain confidentiality. Written statements by an employee may be written in the employee's first language and need not be notarized or in any particular format.

Protection from Adverse Action

An employee may not be disciplined or in any way retaliated against because the employee has used or attempted to use ESST under this policy. The use of ESST cannot be counted as an absence that may result in adverse action under an attendance policy or point system.