What is Earned Sick and Safe Time?
Minnesota’s ESST Law lets workers take time off from their jobs and still get paid. This time off is protected, which means you can’t be fired for using it. You can use this time off for certain reasons, like if you're sick or need to stay safe.
Read below to see if you qualify.
Am I Eligible for Earned Sick and Safe Time?
You can get ESST if:
- You work for a Minnesota employer, and
- You work at least 80 hours in a year (this can be full-time, part-time, seasonal, or temporary).
But these jobs do not get ESST:
- Federal employees
- Independent contractor
- Volunteer and paid on-call firefighters
- Volunteer and paid on-call ambulance workers
- Elected officials
- Farm employees, if you are hired to work 28 days or less per year
- Building and construction workers who are part of a union and have waived their ESST rights
- Some family caregivers who have waived their ESST rights
How Do I Earn Sick and Safe Time?
- You earn 1 hour of sick and safe time for every 30 hours you work.
- You can earn up to 48 hours of ESST each year, unless your employer agrees to more.
- Your employer can combine ESST time with other time off, like paid time off (PTO) or regular sick days.
What Can I Use Earned Sick and Safe Time For?
You can use ESST if:
- You are sick, injured, or have a mental health concern and need to care for yourself or get treatment. You can also get preventative care, like regular doctor visits.
- You have a family member who is sick, injured, or has a mental health concern and you take care of them or bring them to get treatment. You can also bring them to get preventative care.
- You or your family member have been hurt or feel unsafe because of abuse, assault, or stalking
- Your job is closed because of bad weather or a public emergency
- Your family member’s school or daycare is closed because of bad weather or a public emergency
- A doctor or health official says you or your family member might spread a disease to others
- You need time off for a family member’s funeral, to make funeral plans, or handle money or legal issues after they pass away
What Family Members Can I Take Time Off to Care For?
You can use Earned Sick and Safe Time to care for:
- Your Immediate and Extended Family (including biological, adopted, foster, step, legal wards, or in loco parentis)
- Husband, Wife, or Partner
- Children
- Parents
- Brothers and Sisters
- Grandparents and Grandchildren
- Aunts, Uncles, Nieces and Nephews
- Your In-laws:
Any of the family members listed above, but from your spouse or partner’s side of the family
- Other Close People:
- Anyone who is related to you by blood
- Anyone who is like family to you, even if they are not related by blood or marriage
- One Special Person You Choose:
You can pick one person each year to care for, even if they are not your family
Are There Other Laws that Protect Me When I Need to Take Time Off From Work?
Yes. You can learn about them all here:
