HomeMy WebLinkAboutResolution 9848RESOLUTION NO. 9848
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVE EARNED SICK AND SAFE TIME (ESST)
PERSONNEL POLICY
WHEREAS, effective January 1, 2024, Minnesota's earned sick and safe time
(ESST) law goes into effect, and
WHEREAS, employers are required to provide ESST to eligible employees working
at least 80 hours a year, this includes seasonal, temporary, and part-time employees; and
WHEREAS, the Minnesota Department of Labor clarified elected officials are not
considered employees under the ESST law; and
WHEREAS, the City exceeds ESST minimum requirements of 48 hours annually for
regular full-time and regular part-time staff, only temporary part-time and seasonal
employees will participate in the ESST program; and
WHEREAS, the City will provide temporary part-time and seasonal employees with
one (1) hour of ESST for every 30 hours worked, up to at least 48 ESST hours per year;
and
WHEREAS, employees can carryover unused ESST hours into the next year,
however at no time can an employee's accrued ESST exceed 80 hours; and
WHEREAS, the City will not pay employees for unused ESST at the end of each year
or upon separation. If an employee returns to employment within 180 days, their ESST will
be reinstated.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby approve, as stated above and within the attached Exhibit A, Resolution 9848 Earned
Sick and Safe Time (ESST) Policy of the Personnel Manual.
Adopted this 11 t" day of _December, 2023.
Zach Lindstrom, Mayor
ATTEST:
V/11 Al
Nyle YKm6rd,-Clity Administrator
(SEAT_)
Exhibit A
Policy: Earned Sick and Safe Time
Purpose of Policy
The purpose of this policy is to provide employees with earned sick and safe paid leave to comply
with Minnesota "Earned Safe and Sick Time" (ESST) law, effective on January 1, 2024. The City's
existing sick leave and vacation policies exceed ESST requirements for regular full-time and
regular part-time staff. The ESST policy applies to temporary part-time and seasonal employees.
1. Eligibility For and Accrual of ESST
All temporary part-time and seasonal employees performing work for at least 80 hours in a year
for the City are eligible for ESST. ESST is paid time off granted to employees for certain eligible
uses as described in this policy. ESST is paid at the same hourly rate that an employee is paid from
employment with the City.
The City will provide each employee one (1) hour of ESST for every 30 hours worked, up to at
least 48 hours of accrued ESST in a year. When employees reach or exceed 80 hours in a year,
they are eligible to access ESST hours.
For purposes of this policy, a year is a calendar year — January 1 to December 31.
2. Tracking ESST
Employees' earning statements will reflect the total number of ESST hours available for use and
the total number of hours used.
3. Carry Over of ESST
ESST hours not used by the end of the year can be carried over into the following year, but may
not exceed a balance of 80 hours.
4. Payout of ESST
Unused ESST is not paid out to employees at the end of employment.
5. ESST Eligible Uses
Employees may use available ESST hours as allowed under state law. The leave may be used as it
is accrued in the smallest increment of time tracked by the City's payroll system one (1) hour for
the following circumstances:
A. An employee's own:
o Mental or physical illness, injury, or other health condition
o Need for medical diagnosis, care or treatment, of a mental or physical illness
o Injury or health condition
o Need for preventative care
o Closure of the employee's place of business due to weather or other public
emergency
o The employee's inability to work or telework because the employee is
prohibited from working by the city due to health concerns related to the
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potential transmission of a communicable illness related to a public
emergency, or seeking or awaiting the results of a diagnostic test for, or a
medical diagnosis of, a communicable disease related to a public emergency
and the employee has been exposed to a communicable disease or the city
has requested a test or diagnosis.
o Absence due to domestic abuse, sexual assault, or stalking of the employee
provided the absence is to:
■ Seek medical attention related to physical or psychological injury or
disability caused by domestic abuse, sexual assault, or stalking
■ Obtain services from a victim services organization
■ Obtain psychological or other counseling
■ Seek relocation or take steps to secure an existing home due to
domestic abuse, sexual assault or stalking
■ Seek legal advice or take legal action, including preparing for or
participating in any civil or criminal legal proceeding related to or
resulting from domestic abuse, sexual assault, or stalking
B. Care of a family member:
o With mental or physical illness, injury or other health condition
o Who needs medical diagnosis, care or treatment of a mental or physical
illness, injury or other health condition
o Who needs preventative medical or health care
o Whose school or place of care has been closed due to weather or other
public emergency
o When it has been determined by health authority or a health care
professional that the presence of the family member of the employee in the
community would jeopardize the health of others because of the exposure
of the family member of the employee to a communicable disease, whether
or not the family member has actually contracted the communicable disease
o Absence due to domestic abuse, sexual assault or stalking of the employee's
family member provided the absence is to:
■ Seek medical attention related to physical or psychological injury or
disability caused by domestic abuse, sexual assault, or stalking
■ Obtain services from a victim services organization
■ Obtain psychological or other counseling
■ Seek relocation or take steps to secure an existing home due to
domestic abuse, sexual assault or stalking
■ Seek legal advice or take legal action, including preparing for or
participating in any civil or criminal legal proceeding related to or
resulting from domestic abuse, sexual assault, or stalking
6. Family Members
For ESST purposes, "family member" includes an employee's:
• Spouse or registered domestic partner
• Child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis
• Sibling, step sibling or foster sibling
• Biological, adoptive or foster parent, stepparent or a person who stood in loco
parentis when the employee was a minor child
• Grandchild, foster grandchild, or step grandchild
• Grandparent or step grandparent
• A child of a sibling of the employee
• A sibling of the parent of the employee or
• A child -in-law or sibling -in-law
• Any of the above family members of a spouse or registered domestic partner
• Any other individual related by blood or whose close association with the
employee is the equivalent of a family relationship
• Up to one individual annually designated by the employee
7. Advance Notice for use of ESST
If the need for ESST is foreseeable, the City requests seven (7) days' advance notice. However, if
the need is unforeseeable, employees must provide notice of the need for ESST as soon as
practicable. When an employee uses ESST for more than three (3) consecutive days, the City may
require appropriate supporting documentation (such as medical documentation supporting medical
leave, court records or related documentation to support safety leave). However, if the employee
or employee's 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 for a qualifying purpose. The City will not
require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the
details of the employee's or the employee's family member's medical condition. In accordance
with state law, the City will not require an employee using ESST to find a replacement worker to
cover the hours the employee will be absent.
8. Retaliation prohibited
The City shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting ESST rights, requesting an ESST absence, or
pursuing remedies. Further, the use of ESST will not be factored into any attendance point system
the City may use. Additionally, it is unlawful to report or threaten to report a person or a family
member's immigration status for exercising a right under the ESST law.
9. Benefits and return to work protections
An employee returning from time off using ESST is entitled to return to their City employment at
the same rate of pay received when their leave began, plus any automatic pay adjustments that may
have occurred during the employee's time off. Seniority during ESST absences will continue to
accrue as if the employee has been continually employed.
When there is a separation from employment with the City and the employee is rehired again
within 180 days of separation, previously accrued ESST that had not been used will be reinstated.
An employee is entitled to accrue ESST at the commencement of reemployment and begin using
ESST after 80 hours of employment.
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