To understand your obligations, read through this blog post, then read the City’s Rules related to the ordinance. The Rules are 19 pages long, but written in an easy-to-understand manner, including examples for most of the pieces outlined below. It is You can also read the full ordinance, though the Rules are easier to read.
If you still have questions after reading the Rules, check out the City’s Frequently Asked Questions. If your answer is nowhere to be found, contact Marie and she can put you in contact with the right person at the City.
The City of Saint Paul also has a webpage with employer resources, including an Accrual and Balance tool and a model notice you can print for your workplace.
What you need to do before January 1:
If you are an employer with 23 or fewer employees that has a physical presence inside the boundaries of the City of Saint Paul AND you have employees that work inside the City of Saint Paul for at least 80 hours in a year, you must do the following by January 1:
- Display the employee notice poster where your employees are likely to see it. The easiest way is to use the poster provided by the City, on the employer resources webpage.
- Update your employee handbook, if you use one, to include information about ESST, including notice of employee rights and remedies under the ESST ordinance.
- Make sure you have a record keeping system that shows, at a minimum, the following three items:
b. Accrued earned sick and safe time for each employee;
c. Used earned sick and safe time by each employee.
The major pieces of the ordinance:
- Employees who work in Saint Paul are covered by the Ordinance as long as their employer has a physical location within the City and they perform work at that location or another location within the City.
- If the employer provides combined leave, such as paid time off (PTO), in order to meet their ESST requirement, then the employer’s written ESST policy must inform employees of their right to ESST and that it is being met by PTO.
- If an employer has a PTO policy in place that meets the minimum requirements of the Ordinance, the PTO policy is sufficient and the employer does not need to provide additional ESST.
- Employees accrue one hour of ESST for every 30 hours worked. Employees begin accruing ESST on their start date.
- Employees can accrue up to 48 hours in one year, unless their employer opts to give them more ESST.
- Frontloading is permissible as long as it meets the minimal requirements of the Ordinance.
- Unused ESST carries over from year to year. The maximum number of hours an employee can carry in the bank is 80, unless their employer opts to allow him/her to carry over more.
- Salaried employees accrue ESST based on their expected hours worked per week, up to 40 hours.
- Employees who work at least 80 hours in 12 months in Saint Paul can begin using ESST 90 calendar days after their start date.
- An employee will not accrue ESST for the hours they are paid the equivalent of the prevailing wage for a craft or trade within the City of Saint Paul if: a. an employer has a construction worker whose craft or trade is listed on a Minnesota Department of Labor and Industry wage decision published within the last three years; and b. the employer pays the employee at least the minimal prevailing wage rate for that craft or trade if it is work typically performed by that employee.
Again, take a look at the City’s Rules and FAQs for more detailed information, and connect with Marie if you have questions.