Effective July 3, 2019, the City of Minneapolis’ revised rules implementing the Sick & Safe Time Ordinance Rules go into effect. Notably, non-resident employers (employers located outside of Minneapolis but who have employees performing work in Minneapolis) are now subject to enforcement. If non-resident employers provided employees with a paid time off program or paid leave plan that was available for uses including illness, and the employer is adopting that plan now to comply with the Sick and Safe Time Ordinance, the employer may deduct an employee’s actual use of the paid time off or leave since July 1, 2017 from the amount of accrual required under the Ordinance.
In other words, all employees who work more than 80 hours in Minneapolis are entitled to accrued sick and safe time based on the hours worked in the City since July 1, 2017. However, if a non-resident employer did not have a time off policy that complied with the Ordinance during that time, but is now adapting its plan to comply, it may take credit for an employee’s actual use of paid leave since July 1, 2017 required under the Ordinance.
Note: Hours spent traveling through Minneapolis do not count towards the 80 hours for coverage. However, stopping to make deliveries or perform other duties is covered work. Attendance at a convention, educational class, training, or similar activities is not covered if the individual performs no other work in the City (suggesting if they do perform some work in the City, such time would be included).
The City reminds employers as follows in their press release today:
“Employers are reminded that they may comply with the ordinance either by (1) crediting covered employees with Sick and Safe time at a rate of 1 hour per 30 hours worked in the City, capped at 48 per year and 80 overall, or (2) front-loading a lump sum of 48 hours for the first year of the employee’s employment and 80 hours at the beginning of every year thereafter (also capped at 80 hours overall). Employers may therefore comply with the ordinance without individual historical calculations at this time by crediting each covered employee with 80 hours of accrued Sick and Safe time. Employers are permitted to choose different methods of compliance (accrual or frontloading) for different employees.”
Employers looking for more information can also read the City’s Sick & Safe time FAQ here.