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.
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. NOTE: These rules are subject to change pending the outcome of Hennepin County District Court Case Minnesota Chamber of Commerce et al v. City of Minneapolis, Court File No. 27-CV-16-15051. The case is currently on appeal to the Minnesota Court of Appeals.
Please note that the ESST Rules were last revised October 31, 2017.
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?"
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.
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.
- ESST Employee Notice
- ESST Employee Notice - Hmong
- ESST Employee Notice - Somali
- ESST Employee Notice - Spanish
What should employers do to prepare for Earned Sick and Safe Time?
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.