If an Employer has a PTO policy in place that meets or exceeds the minimum requirements of the Ordinance, the PTO policy is sufficient, and the Employer does not need to provide additional ESST. (See Saint Paul, Minnesota, Municipal Ordinance §233.03(d).)
When an Employer offers a combined or universal PTO leave policy made up of a combination of sick, personal, and vacation leave, the Employer may require an Employee to comply with the Employer’s usual and customary notice and procedural requirements for absences or for requesting leave. However, notice and procedural requirements may not interfere with the purposes for which the leave is needed or with the requirements of this Ordinance. (See Saint Paul, Minnesota, Municipal Ordinance §233.03(d).)
Example: Derrick’s Employer has a PTO policy that meets the requirements of the Ordinance. That policy requires Derrick to provide notice 1 week in advance of taking leave. Under most circumstances, this is a permissible requirement. However, Derrick suddenly needs to take time off unexpectedly to care for his sick child. Because the Ordinance requires Derrick’s Employer to allow him to use ESST for that purpose, they cannot deny him leave. However, had Derrick requested time off for vacation instead, they could deny his request for PTO for lack of notice.
Provided that the Employer meets the minimum requirements of the Ordinance, the Employer does not need to provide additional leave for ESST under the Ordinance if an Employee uses all paid leave under a general PTO policy for a reason unrelated to ESST. (See Saint Paul, Minnesota, Municipal Ordinance §233.03(d).)
Example: If Ashley’s Employer offers 80 hours of PTO and Ashley uses all her PTO hours on a vacation, her Employer does not need to offer more paid time City of Saint Paul – Rules for ESST Enforcement Final Rules: January 8, 2024 Page 13 of 28 off for ESST because her Employer has provided the minimum amount of PTO required by the Ordinance.
An Employer providing a combined or universal leave such as a PTO policy that meets the minimum requirements of the Ordinance is required to maintain records showing Employee reasons for use of the PTO (for example, vacation, sick time, safe time). (See Saint Paul, Minnesota, Municipal Ordinance §233.09(a).)