Bloomington becomes fourth city in Minnesota to require paid sick and safety leave | Jackson Lewis CP


The city of Bloomington, Minnesota is the latest city in Minnesota to join the cities of Minneapolis, St. Paul and Duluth in enacting an earned sick and safety leave ordinance (ORDER NO. 2022-31). The ordinance, which largely mirrors the requirements of the City of Minneapolis’ Sick and Safe Times Ordinance, takes effect on July 1, 2023. Specifically, the order requires employers with five or more employees to provide employees with 1 hour of sick and safety leave for every 30 hours worked within the geographical boundaries of Bloomington, to a maximum of 48 hours per year. Employers with fewer than five employees must still comply with the requirements of the order, but can provide sick and safety time as unpaid.

Who is covered?

All employers with at least 1 or more employees are covered, whether or not the employer has a physical presence in Bloomington. The definition of “employer” includes an individual, corporation, partnership, association, not-for-profit organization or group of persons. It does not include the United States government, the state of Minnesota, or any county or local government except the city of Bloomington.

Only employees, including exempt and non-exempt employees, working at least 80 hours per year on a full-time or part-time basis, or on a temporary basis, in the City of Bloomington are “covered employees” under the Arrangement.

Employers may use their existing paid time off (“PTO”) or other paid time off policy to meet the requirements of the Order as long as the existing policy meets or exceeds the minimum requirements of the Order.

Accumulation of paid sick hours

Covered employees must accumulate a minimum of one hour of sick and security leave for every 30 hours worked in the city. Employers are permitted to cap accrual at 48 hours per calendar year. Employees shall be permitted to carry over any accumulated but unused sick and security time to the following year, subject to a total cap of 80 hours at any one time.

New employees start accumulating sick and safety leave at the start of their employment or on July 1, 2023, whichever is later, but they cannot start using their paid sick and safety leave before 90 calendar days. after starting their employment.

Use of sick and safety time

As with other Minnesota ordinances, employees can use their accumulated sick and safety leave for themselves or for the care of a family member in the event of mental or physical illness, injury, health, diagnosis or preventive care.

Employees can also use leave due to an absence for domestic violence, sexual assault, or stalking the employee or a family member. Employees may use the leave due to the closure of their place of business or the employee’s need to care for a family member whose school or childcare location has been closed due to certain unscheduled closures or, in the case of a school or healthcare location, due to inclement weather.

Employers can require employees to provide up to seven days notice when the use of sick and safety time is foreseeable.

Employees may use paid sick leave in increments consistent with current payroll practices as defined by industry standards or existing employer policy, as long as that increment does not exceed 4 hours.

Notice and record keeping

The ordinance requires employers to post a city-enacted notice in a conspicuous place at any workplace or job site where an employee is working. Additionally, employers must include the notice in their manual informing employees of their rights and remedies.

Upon request by an employee, the employer shall provide the employee, in writing or electronically, with the employee’s current accumulated sick and security hours; and (b) used sick and safety time. Employers can satisfy this obligation by recording the information on each pay stub or by including it in an online system where employees can access it.

Employers must keep records for each employee showing hours worked (applicable to non-exempt employees), time off available, and time off used for three years in addition to the current calendar year.

Enforcement

The city attorney’s office is responsible for investigating any reports of alleged violations of the ordinance. For first violations occurring within the first year from the effective date of the ordinance, the City Attorney’s Office will issue a warning letter, notice of correction, and attempted dispute mediation. For subsequent violations, the city attorney’s office may impose the penalties set out in the order, including reinstatement, back pay, sick leave credit or payment, and administrative penalties or fines.

And after?

Covered employers should begin reviewing their existing policies to ensure compliance with the new sick leave and safety leave requirements. Additionally, employers will need to post the notice and update their manuals to include a policy regarding the order.

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