Minnesota Paid Leave Law
What are the leave laws in Minnesota?
Minnesota has multiple leave laws that provide paid time off for employees:
Earned Sick and Safe Time (ESST) – A paid sick leave program that went into effect January 1, 2024, requiring most employers to provide paid sick and safe leave.
Minnesota Paid Leave (Paid Family and Medical Leave) – A state-administered paid leave program that begins January 1, 2026, providing paid family and medical leave benefits for qualifying life events.
What is Minnesota’s Earned Sick and Safe Time (ESST) law?
Minnesota’s ESST law requires employers to provide one hour of paid sick and safe time for every 30 hours worked, up to at least 48 hours per year. Employees can use this time for their own health needs, to care for family members, and for safe time reasons such as domestic abuse or stalking.
What is the Minnesota Paid Leave program?
Minnesota Paid Leave is a state-run paid family and medical leave program launching January 1, 2026. It provides partial wage replacement and job protection when employees need time off for serious health conditions, family caregiving, the birth or adoption of a child, and other qualifying events.
Who is eligible for paid sick & safe time under Minnesota law?
Employees who are expected to work at least 80 hours in a year for an employer in Minnesota and are not independent contractors are eligible for ESST. Part-time, seasonal, and temporary workers are covered. Certain categories, like federal employees and some volunteer first responders, are exempt.
How much sick and safe time can employees earn?
Employees accrue 1 hour of sick and safe time for every 30 hours worked and can earn at least 48 hours per year. Some employers may allow more than the minimum.
What can earned sick and safe time be used for?
Employees may use ESST for:
Their own physical or mental illness, treatment, or preventive care
Care for a family member’s illness or care needs
Domestic abuse, sexual assault, or stalking issues
Funeral arrangements or services for a family member
Workplace or school closures due to emergencies
Other related qualifying reasons designated under the law
Is Paid Time Off (PTO) required in Minnesota?
No. Minnesota law does not require employers to provide general Paid Time Off (PTO) such as vacation or personal days. Employers may offer PTO voluntarily or through company policy, but PTO is not mandated by state law.
However, an employer’s existing PTO policy can satisfy ESST requirements if it meets or exceeds the state standards.
Do employers have to pay out unused sick leave when an employee leaves?
Minnesota law does not require employers to pay out unused ESST when an employee leaves a job, whether voluntarily or involuntarily. However, employers may choose to do so at their discretion.
If an employee returns to the same employer within 180 days, previously accrued ESST must be reinstated unless it was paid out at separation.
Can an employer require documentation to use sick and safe time?
Employers may only require documentation when an employee misses more than three consecutive scheduled workdays for an ESST-covered reason. Employers cannot require unnecessary details about the medical condition.
Do unused sick and safe hours carry over?
Yes. ESST carries over from year to year, but an employee’s total accrued sick and safe time generally cannot exceed 80 hours (unless the employer allows more).
What is Minnesota Paid Family and Medical Leave?
Paid Leave provides partial wage replacement for eligible employees who need time off for:
A serious health condition
Caring for a family member
Bonding with a new child
Certain safety-related needs like domestic violence support
Paid Leave benefits are separate from ESST and begin January 1, 2026.
How much does Paid Leave pay?
Paid Leave provides up to about 90% of usual wages, up to a weekly maximum (e.g., roughly $1,423 in early program years). Lower-wage workers receive a higher percentage of their wages.
When does Minnesota Paid Leave go into effect?
The Paid Leave program launches January 1, 2026. Employers are required to begin notifying employees about the program by December 1, 2025, and will begin premium payments in 2026.
How is Minnesota Paid Leave funded?
Paid Leave is funded by a payroll premium paid by employers, which is shared with employees. For 2026, the premium rate is about 0.88% of wages, with employers paying at least half and employees covering up to half, so long as take-home pay doesn’t fall below minimum wage.
Does ESST cover mental health?
Yes. Earned sick and safe time may be used for both physical and mental health care, including treatment and preventive services.
Can employees use ESST for family members?
Yes. ESST covers a wide range of family relationships, including immediate family, grandparents, grandchildren, in-laws, and even a designated individual once annually.
Are there job protections under Paid Leave?
Yes. It is unlawful for employers to retaliate against employees for taking Paid Leave, interfere with an employee’s application, or fail to reinstate an employee to the same or similar position with equivalent benefits upon return.
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