Motion by Ortega, seconded by Xiong. Motion passed.
Aye: Frethem, McGuire, Moran, Ortega, Reinhardt, and Xiong
Resolution: B2024-281
Benefits Policies Compliance Update
25.
Sponsors: Human Resources
Approve updates to Employee Benefits Policies to comply with legislative changes to Earned
Sick and Safe Time Minnesota Statute 181.9445-181.9448, including clarification on previously
approved policies:
1. Section 8.6 Use of Sick Leave
a. Modify “sick leave is authorized” to “sick leave may be authorized,” as the
Earned Sick and Safe Time (ESST) law provides guidelines for proper notice
and documentation requirements that authorize the use of paid sick time.
b. Modify paragraphs (a), (b), (c), (d), (e), and (f) to clarify that sick leave must be
used for qualifying reasons when an employee has available paid sick time. This
change is in alignment with ESST provisions in preparation for MN Paid Family
Medical Leave.
c. Remove the limit of 160 hours from paragraph (c) such that an employee has
access to all paid sick hours for the purpose of providing care to a qualified
family member. This change is in alignment with ESST provisions in preparation
for MN Paid Family Medical Leave.
d. Clarify ‘immediate household’ member in paragraph (e) to be someone who is
not a family member as defined by Minn. Stat. 181.9445. Sick leave for this
purpose may not be compounded with other sick leave in the same instance.
e. Update paragraph (g) to read that employees may use sick leave for the
purpose of bonding with a newborn or adopted child within twelve (12) months
of birth or adoption, rather than six months. This change aligns with FMLA,
ESST, and MN PFML.
f. Revise paragraph (i) to allow up to eighty (80) hours of paid sick time for
bereavement purposes. Clarify that bereavement includes funeral or memorial
services, as well as time needed to address financial or legal matters that arise
out of the death of a loved one.
2. Move up Sections 8.12 Notice for the Use of Sick Leave and 8.13 Documentation for
the Use of Sick Leave to 8.8 and 8.9, respectively, for greater clarity.
3. Section 8.9 Documentation for the Use of Sick Time
a. Add (a) “reasonable documentation may be requested at the discretion of the
appointing officer or Director.”
b. Add (b) “reasonable documentation may only be required if the absence is more
than three (3) consecutive workdays,” per Minn. Stat. 181.9447, subd. 3.
c. Modify paragraph (e) to clarify that paid sick leave may be denied if an
employee fails or refuses to supply sufficient reasonable documentation when
required by the appointing officer or Director.
d. Strike final paragraph that says the documentation requirements of ESST only
apply to seasonal, temporary or intermittent workers. As of May 25, 2024, the
documentation rules of the law apply to paid sick time of full- and part-time
employees. As of January 1, 2025, these rules apply to all paid sick time.
4. Section 8.10 Requirement to Use Paid Sick Time
a. Add a new section that clarifies a common practice whereby employees are
required to use paid sick time when the reason for absence qualifies for paid
sick time, as defined by Section 8.6 and Minn. Stat.181.9447, subd. 1.
b. Add paragraph (a) that allows an employee the option to retain a bank of eighty
(80) hours, rather than exhaust all paid sick time. The option to reserve a bank
of sick hours is listed in the collective bargaining agreements and has been