5.4 ERMU 12-12-2023 - Laserfiche WebLink

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Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Mark Hanson — General Manager MEETING DATE: AGENDA ITEM NUMBER: December 12, 2023 5.4 SUBJECT: Minnesota Earned Sick and Safe Time Law ACTION REQUESTED: Approve the ERMU Paid Sick and Safe Leave Policy BACKGROUND: Effective January 1, 2024, the Minnesota Earned Sick and Safe Time (ESST) law requires Minnesota employers to provide paid leave to employees. Minnesota's current sick and safe leave law remains in effect until December 31, 2023, and will be replaced by the new ESST law on January 1, 2024. DISCUSSION: Employers must provide each employee in Minnesota with at least one hour of paid leave for every 30 hours worked, up to at least 48 hours of accrued ESST in a year. An employee is anyone (regular full-time and part-time, seasonal, and temporary) who works at least 80 hours in a year for an employer in Minnesota and is not an independent contractor. The Minnesota Department of Labor (DOL) has opined that an employer's existing leave policy (paid time off, vacation, or sick) may already fully or partially meet ESST requirements. Further, the DOL has stated the name of the employer's paid time off or other paid leave policy does not matter; it does not have to be called "earned sick and safe time" to meet the requirements of the law. ERMU's current paid sick leave policy was amended to add the required provisions of the ESST law which include a broader scope of what paid sick leave can be used for and whom it can be used to care for. If approved, this policy will be effective January 1, 2024, and added to the ERMU employee handbook during the annual review/update in spring of 2024. ATTACHMENTS: ERMU Paid Sick and Safe Leave Policy Minnesota Department of Labor & Industry Earned Sick and Safe Time Fact Sheet Page IofI 173