Earned sick and safe time sample employee notice

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DEPARTMENT

LABOR

AND

INDUSTRY

[Employers: This is a sample employee notice employers can use to inform their employees about earned sick

and safe time as required under Minnesota Statutes § 181.9447, subdivision 9 . Instructions for completing this

notice are in brackets. Delete all instructions before providing this to the employee.]

Earned sick and safe time employee notice

Employees in Minnesota are entitled to earned sick and safe time, a form of paid leave. Employees must accrue

at least one hour of earned sick and safe time for every 30 hours they work, up to at least 48 hours in a year. [If

you are using a more generous accrual system or a front‐loading system, edit the previous sentence and insert

the applicabl e system for the employee who will receive this notice.] A year for purposes of the employee’s

earned sick and safe time accrual is: [Note here how you define the accrual or benefit year for the employee.

Examples include the calendar year, year by work anniversary or another 12‐month period.]

The earned sick and safe time hours the employee has available, as well as those that have been used in the

most recent pay period, must be indicated on the employee’s earnings statement that they receive at the end of

each pay peri

od. Earned sick and safe time must be paid at the same hourly rate em ployees earn from

employment. Employees are not required to seek or find a replacement for their shift to use earned sick and

safe time. They may use earned sick and safe ti

me for all or part of a shift, depending on their need.

Earned sick and safe time can be used for:

 an employee’s mental or physical illness, treatment or preventive care;

 the mental or physical illness, treatment or preventiv e care of an employee’s family member;

 absence due to domestic abuse, sexual assault or stalking of an employee or their family member;

 closure of an employee’s workplace due to weather or public emergency or closure of their f amily

member’s school or care facility due to weather or public emergency; and

 when determined by a health authority or health care professional that an employee or their family

member is at risk of infecting others with a communicable disease.

Notifying employer, documentation

An employer can require their employees to provide up to seven days of advance notice when possible (for

example, when an employee has a medical appointment scheduled in advance) before using sick and safe time.

An employer can also require their employees to provide certain documentation regarding the reason for their

use of earne

d sick and safe time if they use it for more than three consecutive days.

[The following is an example of an employer policy for employees to provide notice before using earned sick and

safe time. Edit the following text to match your company’s policy.] If an employee plans to use earned sick and

safe time for an appointment, preventive care or another permissible reason they know of in advance, inform

[name or position] by [phone, email or other communication] as far in advance as possible, but at least [number

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between one and seven] days in advance. In situations where an employee cannot provide advance notice, the

employee should contact [name or position] at [phone, email or other communication] as soon as they know

they will be unable to work.

Retaliation, right to file complaint

It is against the law for an employer to retaliate, or to take negative action, against an employee for using or

requesting earned sick and safe time or otherwise exercising their earned sick and safe time rights under the

law. If an employee believes they have been retaliated against or improperly denied earned sick and safe time,

they can file a complaint with the Minnesota Department of Labor and Industry. They can also file a civil action

in court for earned sick and safe time violations.

For more information

Contact the Minnesota Department of Labor and Industry’s Labor Standards Division at 651‐284‐5075

or [email protected] n.us or visit the department’s earned sick and safe time webpage at

dli.mn.gov/sick‐leave.

This document contains important information about your employment. Check the box at the left to receive

this information in this language.