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According to the law, as of Jan. 1, 2024, at a minimum, an employee accrues one hour of <br />ESST for every 30 hours worked, up to a maximum of 48 hours a year. Employers may agree <br />to a higher maximum annual accrual amount if they so choose. (Minn. Stat. § 181.9446 (a)). <br />One way to think about it is that ESST hours are a subset of a cityʼs traditional sick leave or <br />PTO hours offered to employees. However, those 48 ESST hours each year likely have a <br />broader use for employees than a traditional sick or PTO plan. <br />Tracking ESST hours is key, since the law under Minn. Statute § 181.032 requires earning <br />statements to reflect ESST hours accrued, used, and available. The Minnesota Department <br />of Labor and Industry emailed a Minnesota Wage and Hour Bulletin at the end of October <br />reiterating employers will be required to include the following additional information on <br />employee earnings statements: <br />The total number of sick and safe time hours available for use by the employee. <br />The total number of sick and safe time hours used by the employee in the pay period. <br />Your city may want to talk with its payroll department or payroll soware provider about <br />adding an additional pay code as a subset of the traditional sick leave or PTO entry on <br />employee pay stubs. If your city has any unions with collective bargaining agreement <br />language regarding your cityʼs PTO leave, you should run your proposed pay stub changes <br />by your legal counsel to ensure your communication to unions and employees makes it <br />clear that the ESST allocation is a subcategory of your city ʼs existing leave language to meet <br />state law requirements for 2024 and there is no loss in hours to employees. <br />The following graphic illustrates how the ESST could be shown as a subset of a cityʼs <br />traditional sick leave accrual on employee pay stubs. <br />Why and how should our city track ESST? <br />(Updated Nov. 6, 2023)–