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Yes, if calculating on an accrual basis, because under the law employees earn ESST based <br />on the number of hours worked. The law states an employee accrues a minimum of one <br />hour of ESST for every 30 hours worked, up to a maximum of 48 hours in a year (Minn. <br />Stat. § 181.9446 (a)). <br />If a city front-loads ESST hours, there are no prorated adjustments. For additional <br />information, refer to the response on front-loading ESST hours. <br />According to PERA representatives, ESST hours are eligible for PERA deductions, assuming <br />the hours are used and relate to a certain pay period, similar to how PTO or vacation/sick <br />leave hours are PERA-eligible. <br />However, for example, if an employer front loads 48 ESST hours at the beginning of the <br />year and then pays out any remaining ESST balance at the end of the year, that lump sum <br />payout would be ineligible for PERA deductions, just like vacation or sick leave lump sum <br />payouts are ineligible for PERA deductions. <br />While each city should consult with its legal counsel to determine best next steps, labor <br />consultants contacted by the League have noted a city is not obligated to negotiate ESST <br />into its collective bargaining agreements. The ESST statute does not require a city to <br />provide additional paid leave benefits if it already provides PTO that meets or exceeds, and <br />does not conflict with, the minimum standards of the statute. <br />seasonal employees? <br />Is ESST subject to Public Employees Retirement <br />Association (PERA) deductions?– <br />Is our city obligated to negotiate new ESST <br />benets in collective bargaining agreements?– <br />207