The Saint Paul ESST ordinance requires that employers provide Earned Sick and Safe Time to employees that work in the geographic boundaries of Saint Paul. There are two components: Sick time and Safe Time. Sick Time refers to paid time off employees may use for medical reasons, such as physical illness or mental injury or other health condition, or for medical appointments to diagnose, care for, or treat such an illness, injury, or health condition. Safe Time refers to an absence due to domestic abuse, sexual assault, or stalking. Employees may use both Sick time and safe time for their own needs or for those of a family member.

An employee can use earned Sick Time for:

• an absence resulting from an employee's own mental or physical illness, injury, or health condition;
• to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;
• or an employee's need for preventive medical care.

Employees can also use ESST to provide care for a family member for any of the same reasons.

An employee can use Safe Time for an absence due to domestic abuse, sexual assault or stalking of the employee or employee’s family member if the absence is used to:

• seek medical attention related to physical or psychological injury.
• obtain services from a victim-services organization.
• receive counseling.
• seek legal advice or attend legal proceedings, or
• for other reasons pertaining to seeking safety from an alleged perpetrator of domestic violence, sexual assault, or stalking.

Employees may also use Safe Time:

• for an absence related to the closure of employee’s or employee family member’s place of business by order of public official to limit exposure to an infectious agent, biological toxin, or hazardous material.
• to accommodate the employee’s need to care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected closure.

Yes, employers can provide for more generous leave than is required by law.

No, if the amount of PTO provided by the employer meets or exceeds the minimum requirements of the ESST ordinance, the employer will be deemed compliant.

Under an employer’s PTO policy, employees can use all their accrued time for vacation and choose not to leave any “cushion” for sick leave or safe leave. As long as the PTO plan meets all of the minimum standards required under the ordinance, the employer would not be responsible for providing additional PTO.

Example #1: YouSearch Auto Parts provides 80 hours of “paid time off” every year. The company states it may be used for paid vacation, earned sick and safe time, and other various requests for time off, such as funerals, childcare, and all allowable uses of ESST outlined in the ordinance. YouSearch Auto Parts’ policy is compliant with the ESST ordinance because it provides the minimal amount of required ESST every year and allows for all uses of ESST required by the ordinance.

Example #2: Jiffy Printing provides 100 hours of paid vacation per year for all their employees. These hours can be used for all uses of ESST under the ordinance. Jiffy Printing does not have to provide any extra earned sick and safe time to their employees because they already provide the minimum amount of paid time off and allow for all uses of ESST required by the ESST ordinance.

Example #3: Dora’s Dance Studio provides 80 hours of vacation time every year but requires that employees provide a two week notice to use the vacation time. For this policy to be compliant with the ESST ordinance, Dora’s would need to amend their policy to allow employees to use ESST for all reasons required by the ordinance, even if their employees are unable to provide the two-week notice.

Yes, if they are employed by an employer and working with in the geographic boundaries of Saint Paul for 80 hours or more. Immigration status does not impact coverage of the ESST ordinance. HREEO does not ask for an employee’s immigration status when an employee calls in regarding their question or if they decide to file a complaint against their employer.

The ordinance applies to full-time, part-time, temporary, or paid on-call employees that work within the geographic boundaries of the City of Saint Paul for at least 80 hours in a year.  For purposes of this chapter, employee does not include an independent contractor. Temporary workers are covered under the law if they perform work in the geographic boundaries of Saint Paul for at least 80 hours in a reporting year. Unpaid interns and volunteers are exempt from the ordinance.

Temporary employees working for a staffing agency are regarded as employees of the staffing agency, absent a contractual agreement stating otherwise. Employees who work within the geographic boundaries of Saint Paul are covered by the ESST ordinance.

Example #1: ABC Staffing is in Minnetonka. It has provided several temporary workers to A1 Recycling, Inc., which is in Saint Paul both ABC Staffing and A1 Recycling are subject to the ESST ordinance for the temporary workers who perform work within Saint Paul.

Example #2: XYZ Staffing is in Saint Paul. It provides eight full time temporary workers to Beaver Lumber Yard, located in Crystal. The eight workers are not covered by the ESST ordinance because they are not working at a location in Saint Paul.

Example #3: MNO Staffing is in Saint Paul and provides several temporary workers to Precision Engineering Corp., also located in Saint Paul. MNO Staffing is responsible to provide ESST to the temporary workers while they are working within Saint Paul.

Employers that employ one or more individuals that work at least 80 hours or more in a year in the City of Saint Paul must provide ESST to those employees for hours they are scheduled to work in the City of Saint Paul.

Example #1: WeCare, Inc. is headquartered in Bloomington and owns several elderly care centers around the state, with one of them located inside Saint Paul. The Saint Paul location has 15 employees. The 15 employees located at the Saint Paul location are covered by the ESST ordinance because they work within the geographic boundaries of the City of Saint Paul.

Example #2: FoodToGo, Inc. is a commercial food delivery company. They have a call center located in Saint Paul where only one employee works, and several shipping centers located throughout the metro area. Only the single employee located at the call center would earn ESST because they are the only FoodToGo employee working in the City of Saint Paul.

Example #3: Tasty Tacos is a national food chain. They have one location in Saint Paul that employs 15 employees. Only the employees working in Saint Paul are covered by this ordinance.

Example #4: Carol’s Catering is in Woodbury and delivers food all over the metro area. Carol’s truck drivers drive through the City of Saint Paul all the time. Carol’s Catering is not subject to the ordinance unless drivers are working in the City of Saint Paul for 80 hours per year or more.

Yes, until January 1, 2023, all new employers must provide unpaid ESST for the first six months after they hire their first employee. After six months pass, the employer will be subject to all terms of the ESST ordinance.

Example: Shawna opens a greeting card store on January 1, 2018. On April 1, she hires two employees. From April 1 to September 30, she must provide her employees with unpaid ESST Beginning on October 1, she must provide paid ESST If an employee uses ESST hours after October 1; Shawna does not have to compensate them for the ESST hours used during the first 6 months.

Employees must accrue 1 hour of ESST for every 30 hours worked. In any given year, employees must be allowed to accrue up to 48 hours. Employees are allowed to carry over any unused ESST. If an employee carries over unused ESST and begins to accrue their annual 48 hours for that year, once the employee has earned 80 hours (by a combination of rolled over ESST and newly accrued ESST) for that year, the annual ESST accrual of 48 hours a year will pause until the employee uses enough ESST to result in them dropping below an ESST balance of 80 hours. At that point, the Employees annual accrual of 48 ESST hours would then resume.

Example #1: Beth works 26 hours per week at Old Tyme Antiques and has worked there for twenty-eight weeks. Beth accrues 1 hour of ESST for every 30 hours she works.  Beth has 24 hours of ESST.

Hours Equation Breakdown: [26 (hours worked per week) x 28 (weeks worked) = 728 hours. 728 hours (total hours worked) divided by 30 (rate of accrual)= 24 (hours of ESST accrued).

Example #2: Charlie is a new employee at Big Burgers, Co. In his first year working as a fry cook, Charlie works 1440 hours by September 1. Charlie never gets sick and never has a reason to use safe time. Therefore, Charlie has officially accrued 48 hours of ESST by September 1. Charlie can no longer accrue any more ESST for that year.

In his second year, Charlie can again accrue ESST. Charlie works even harder in his second year, working 960 hours as a fry cook by May 1. Charlie again never gets sick or has a need to use safe time. Therefore, Charlie accrues an additional 32 hours of ESST. Charlie has now accrued 80 hours of ESST, and even though he continues to work more hours as a fry cook, he can not accrue any more ESST at this time.

On November 1 of his second year, however, Charlie develops a very rare bacterial infection, causing him to miss work for 5 days. Charlie uses 40 hours of his accrued ESST during those 5 days. When Charlie returns to work on November 6, he now only has 40 hours of ESST accrued. Charlie may again start to accrue ESST for the rest of his second year until he accrues 8 additional hours (for a total of 48 hours accrued in his second year).

Yes, ESST accrual begins on the first date of employment.

Employees begin earning ESST on their first day of work. Employees can use ESST after they have been employed for 90 days, unless their employer has a more generous ESST policy.

Yes, if the employee is rehired within 90 days after quitting or leaving, their ESST must be reinstated, and  they will continue to accrue earned sick and safe time upon rehire. However, an employer is not required to pay out remaining accrued sick and safe time to the employees upon separation from employment.

Example #1:Sung worked for Green Thumb Gardens for many years. He currently has 20 hours of accrued ESST. He quit on June 1 and was rehired on August 15 of the same year. Sung would retain his previously accumulated 20 hours and would continue to accrue ESST. He can use ESST immediately upon rehire.

Example #2:Doug worked for Spotless Cleaners in Saint Paul but quit on March 25. He had 42 hours of accrued ESST Doug was rehired on July 1. For purposes of ESST, Doug is treated as a new hire. Because more than 90 days has elapsed, Doug does not retain his previously accrued 42 hours. Furthermore, he would have to wait 90 days before he could use the ESST he begins accruing on July 1.

Employers can require an employee to use a minimum amount of ESST per request. However, it cannot exceed four-hour increments.

Example #1: Luther owns Best Shine Auto Detailing. He has informed his employees the smallest amount of ESST they can use is six hours. Luther is violating the ESST ordinance because the smallest increment of time cannot exceed four hours.

Example #2: Ramona has a regular medical checkup scheduled for 8 AM. Ramona knows she will be able to get to work by 10:00 AM, so she requests 2 hours of ESST to cover her appointment. Company policy requires that she use at least 3 hours of ESST. This is permissible because the required minimal ESST taken does not exceed 4 hours.

Example #3: Mai Thao works for Strawberry City. Mai requests to use 7 hours of ESST for a doctor’s appointment, but Strawberry City has a ESST policy which states employees can only use 4 hours of ESST for any given occasion. Strawberry City is violating the Ordinance. There is no cap on how much ESST can be used at any given time.

No, but the employee will need to make a request to use ESST and include the expected duration of the absence. It is not a violation of this ordinance for an employer to require reasonable documentation that the sick and safe time is covered by the ESST ordinance for absences of more than three (3) consecutive days. For absences of more than three (3) consecutive days, an employer may require reasonable documentation to show that the time is covered by the ESST ordinance.

Reasonable documentation for safe time could be a police report, court order, or an employee’s written statement that they are taking safe time due to illness of themselves or family member, to sexual assault, stalking, or seeking legal services.

No, the employer may not require an employee to find a replacement worker to cover their work shift.

No, an employer does not have to provide ESST to an employee when that employee is suspended from work for disciplinary reasons.

Yes, if the reason for the absence is covered under the ESST ordinance.

Example: Stella and Bill work at Tool Time Manufacturing and have two kids. Both of their kids come down with the flu and must stay home from school. Stella and Bill are both allowed to take ESST to care for their children.

The employees of your newly acquired business will retain and are able to use their accrued ESST hours if the employees continue to work within the City of Saint Paul. In addition, you must provide all employees, whether existing or new, with the employer’s written ESST policies at the time of sale or acquisition, or as soon as practicable, which shall include a policy that complies with the ordinance.

Employers must retain accurate records of their employees' earned sick and safe time for a period of 3 years.

All employees of the original employer who remain employed by the successor employer retain their ESST balance. The new employer is also responsible for ensuring that they have all records for the employees’ existing hours worked, accrued ESST, and used ESST going back three years.

Yes, employers must provide notice to employees that they are entitled to ESST. Employers are required to display the ESST poster provided by the City, in all languages that the City deems necessary to notify employees of their rights under the ordinance. If an employer provides their employees with an employee handbook, it must include the notice of employee rights and remedies under the chapter.

An employer must post the City's ESST poster within the workplace or send an email to all employees working remotely within the geographic boundaries of Saint Paul. 

Any employer and employee can locate the ESST posters on the city website: Earned Sick Safe Time Employer Resources .

Employers shall retain accurate records documenting hours worked by employees and earned sick and safe time taken by employees for a period of three (3) years. An employer must keep records of the following for three years:

• Accrued ESST time
• Used ESST time
• Employee hours worked in Saint Paul

The employer must maintain sufficient records such that, were an investigation to occur, the employer would be able to demonstrate:

• That the employee accrued 1 hour of ESST for every 30 hours worked;
• How many hours the employee worked in Saint Paul, and
• How much ESST the employee has used to date.

No, employers are not required to cash out unused ESST upon an employee’s termination or separation from employment.

If the employer and employee agree, unused ESST may be cashed out.

Retaliation is illegal. Employers are prohibited from punishing or discriminating against employees who assert their rights to ESST in good faith. These rights include but are not limited to:

• • An employee inquiring about ESST
  • An employee requesting use of ESST
  • Providing information to another employee about ESST
  • Participating in an investigation about alleged ESST violations
  • Filing an ESST complaint with the City of Saint Paul

No, but the employer can offer the employee the choice of working from home instead of using ESST.

Employees who are unable to go to work due to the following reasons are entitled to use ESST per Saint Paul Code of Ordinances Section 233.04:

• The closure of the employee's place of business by order of a public official to limit exposure to an infectious agent, biological toxin or hazardous material or other public health emergency.
• To accommodate the employee's need to care for a family member whose school or place of care has been closed by order of a public official to limit exposure to an agent, biological toxin or hazardous material or other public health emergency.
• To accommodate employee’s need to care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected closure. 

Employees are also allowed to use ESST for any other reason covered by Sick Time or Safe Time under the ordinance.