12-04-2023 Council Work Session Packet

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Yes, if the need for ESST use is foreseeable, an employer may require advance notice of the employeeʼs intention to use ESST but must not require more than seven daysʼ advance notice. If the need for ESST is unforeseeable, an employer may require an employee to give notice as soon as practicable. An employer requiring notice of the need to use ESST must have a written policy containing reasonable procedures for employees to provide notice and must provide a written copy of the policy to employees. If a copy of the written policy has not been provided to an employee, a city may not deny the use of ESST on that basis. (Minn. Stat. § 181.9447, subd. 2.) If an employee uses ESST for more than three consecutive days, an employer may require reasonable documentation that the time off meets eligibility requirements. However, if an employee or the employeeʼs family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, ESST. A written statement by an employee may be written in the employeeʼs first language and does not need to be notarized. (Minn. Stat. § 181.9447, subd. 3.) An employer must accept a court record or documentation signed by a volunteer or employee of a victimsʼ services organization, an attorney, a police officer, or an antiviolence counselor as reasonable documentation. Yes. An employee, in agreement with the employer, may return to work part-time during the leave without forfeiting the right to return to employment at the end of the ESST (Minn. Stat. § 181.9447, subd. 8). notice before using ESST? Can an employee work part-time while using ESST?– Can an employer require employees to use ESST 209