On September 23, 2016 the Minneapolis City Council passed a number of amendments to the Minneapolis Sick and Safe Time Leave Ordinance which takes effect July 1, 2017. City staff is currently working on a FAQ document, with release scheduled for October, and the Ordinance contemplates rule-making which has not yet occurred.
The amendments adopted are summarized as follows:
- Regular Rate of Pay was defined to exclude tips, commissions, bonuses, expense reimbursement, premium pay, cash or other items in the nature of gifts, profit-sharing payments, and irrevocable contributions pursuant to a bona fide employee benefit plan.
- Sick and safe time now occurs in one hour increments and not hourly fractions.
- Employers may front load leave providing at least 48 hours are available following 90 days of employment and at least 80 hours are provided beginning each year after that. (Note: Employers concerned about an employee carrying over 80 hours plus accruing an additional 48 hours in a subsequent year would no longer need to allow carryover in the event the employee is frontloaded with 80 hours in each subsequent year.)
- Employer recording of accrual can be done consistent with its payroll practices as defined by industry standards or existing employer policies but not less frequent than monthly.
- Employer records must include hours worked (for non-exempt employees), leave available for sick and safe-time purposes, and leave used for sick and safe-time purposes.
- Deletes the hours tracking requirements for employees who occasionally perform work in the City and those who have access to leave in excess of the City mandate.
- Plans offering the same or more generous leave with allowed use consistent with the ordinance are not required to provide additional sick and safe time.
THESE MATERIALS ARE INTENDED TO PROVIDE AN OVERVIEW OF EMPLOYMENT ISSUES IN THE WORKPLACE AND ARE NOT INTENDED TO GIVE LEGAL ADVICE. IF YOU HAVE QUESTIONS OR COMMENTS REGARDING EMPLOYMENT LAW ISSUES, PLEASE CONTACT STACEY DEKALB AT THE LOMMEN ABDO EMPLOYMENT LAW DEPARTMENT AT 612.336.9310, 715.386.8217 OR 800.752.4297.