12-04-2023 Council Work Session Packet

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A potential response to unions is, “The city intends to comply with the law. We do not intend to negotiate statutory provisions into the contract.” The Minnesota DOLIʼs ESST guidance states that in addition to providing their employees with one hour of paid leave for every 30 hours worked, up to at least 48 hours each year, employers are required to: Include the total number of earned sick and safe time hours accrued and available for use, as well as the total number of earned sick and safe time hours used, on earnings statements provided to employees at the end of each pay period; Provide employees with a notice by Jan. 1, 2024 — or at the start of employment, whichever is later — in English and in an employeeʼs primary language if that is not English, informing them about earned sick and safe time; and Include a sick and safe time notice in the employee handbook, if the employer has an employee handbook. To help cities compare their current paid leave (like sick or PTO) policies, to the ESST requirements, the firm of Madden Galanter & Hansen, PLLC has compiled a document comparing ESST vs. paid leave policy (pdf). As noted in the LMC model personnel policy (doc), cities may find this tool useful to discern where enhancements to city policies are required and where city policies are richer than state law. The Minnesota DOLI has a uniform employee notice (doc) that employers can use to distribute to employees by Jan. 1, 2024, or at the start of employment, whichever is later, and will translate it to Chinese, Hmong, Somali, Spanish, Vietnamese, and additional languages. Minnesota DOLI has also created an ESST workplace poster: Access the Minnesota DOLI ESST poster for the workplace. An employer may develop its own notices as well, provided it includes all the necessary information. What notice should our city provide to employees regarding ESST? (Updated Nov. 17, 2023)– Can employers require employees to give advance – 208