ESST Employer Resources

The Department of Human Rights and Equal Economic Opportunity (HREEO) is available to help businesses meet their Earned Sick and Safe Time (ESST) obligations. To make ESST compliance as efficient as possible, HREEO has provided the following ESST Employer resources. The Saint Paul business community can also contact city staff for business assistance or questions regarding ESST.

Read the ESST Ordinance

Earned Sick and Safe Time Rules

The ESST Ordinance requires HREEO to draft ESST Rules that provide administrative guidance on interpreting and enforcing the ESST Ordinance. Please note that the ESST Rules were last revised on November 3, 2020.

ESST Rules Effective 20201103.pdf

Read the ESST Rules - Hmong

Read the ESST Rules - Spanish

Read the ESST Rules - Somali

Earned Sick and Safe Time Employer Frequently Asked Questions

HREEO has received and reviewed numerous questions from employers regarding ESST. Some of the most common employer questions have included:

"Does our existing Paid Time Office (PTO) policy meet Saint Paul's ESST requirements?"

Paid time off generally refers to a combination of vacation, sick and/or similar types of paid leave. If employees can use PTO for the reasons, and under the same conditions, outlined by the ESST Ordinance, then it counts as earned sick and safe time. Employers do not need to track the reasons for which an employee uses PTO. Employers are not required to offer additional paid time off once an employee has exhausted their leave.

"How do I know if the Saint Paul ESST Ordinance applies to my business?"

The ordinance applies to employers that maintain a physical presence (e.g., brick and mortar location, storefront, branch office, etc.) inside the City of Saint Paul. If the employer does not have a physical presence inside the city, the employer would not be subject to the law even if employees engage in business inside the city. Businesses can use the map of Saint Paul City Council Wards to verify whether an employer is located in the city.

Employers should review the Employer ESST Frequently Asked Questions (FAQ) document for additional guidance and examples on how the ESST ordinance and rules are being interpreted and enforced.

Read the Employer ESST FAQ

Read the Employer ESST FAQ - Hmong

Read the Employer ESST FAQ - Spanish

Read the Employer ESST FAQ - Somali

Earned Sick and Safe Time Accrual and Balance tool

HREEO has created an Excel tool for small businesses to track ESST accrual based on the number of hours worked.

Under the ESST Ordinance, employees accrue 1 hour for every 30 hours worked, and accrue up to 48 hours in one year. Employee can bank hours up to a balance of 80 hours. Employers are responsible for keeping track of employee hours accrued and ESST balances. The accrual tool can be used as a guide, but it is not an official or final determination of sick and safe balances. In the event of an investigation, employers must rely on their own bookkeeping and records to demonstrate compliance with the ordinance.

Download the ESST Accrual and Balance tool

Earned Sick and Safe Time Model Notice(s) - Workplace Poster(s)

The City of Saint Paul ESST Ordinance requires employers to provide notice to their employees of ESST. The City of Saint Paul has provided the following model notice for employers.

What should employers do to prepare for Earned Sick and Safe Time?

Read a Summary of what Employers must do before the effective date

Earned Sick and Safe Time Ordinance Effective Dates

For employers with 24 or more employees, the Earned Sick and Safe Time Ordinance is effective July 1, 2017. For employers with 23 or fewer employees, the Earned Sick and Safe Time Ordinance is effective January 1, 2018.

For employers operating in their first six months after the hire date of the employer’s first employee, the employer is required to provide unpaid sick and safe time, but is not required to provide paid sick and time. After six months, the employer will be subject to this chapter. This specific ordinance subsection will sunset on January 1, 2023, at which point all employers will be subject to full enforcement.

Earned Sick and Safe Time Appeal Procedures

The ESST ordinance requires the city to provide due process for employers appealing ESST penalties, fines, and other noncompliance determinations.

Read the ESST Administrative Appeal Procedures