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The ESST law does not specifically address this, but Minnesota DOLI FAQs on ESST states, <br />“Yes, an employer may treat part-time and full-time employees differently for purposes of <br />ESST, so long as the employer provides all employees at least what they are entitled to <br />under Minnesotaʼs ESST law, and as long as the law is applied in a way that does not <br />discriminate against an employee or group of employees based on a protected class, such <br />as race, sex or national origin.” <br />A city may implement an ESST accrual method for full-time employees based on hours <br />worked, while using a different method (such as front-loading 48 hours with a payout at the <br />end of the year) for another employee group like seasonal workers, for example. While <br />front-loading ESST may be easier from an administrative perspective, there are budgetary <br />impacts to consider and plan for. <br />As of Nov. 6, 2023, David Skovholt with Minnesota DOLI clarified the state does not <br />consider elected officials as employees under the ESST law. In the Stateʼs ESST FAQs this is <br />also referenced with “Only ʻemployeesʼ as defined in the ESST law must be provided ESST; <br />elected officials are not considered employees under the ESST law …” <br />View the Minnesota DOLIʼs ESST FAQs. <br />Beyond this recent clarification, the law provides for the following employee eligibility <br />exceptions: <br />Those who work less than 80 hours in Minnesota in a year. <br />Independent contractors. <br />Federal employees. <br />Certain airline crew employees. <br />A conservative approach would be to have paid-on-call firefighters, EMTs, election judges, <br />and other nontraditional employees track their time to secure reliable records to <br />for different employee groups? <br />Are paid-on-call reghters, EMTs, elected <br />ofcials, and election judges eligible for ESST? <br />(Updated Nov. 6, 2023) <br />–