Bloomington, Minnesota has enacted an ordinance that will require employers in the city to provide sick leave to employees. Employers with five or more employees (regardless of location) must provide paid leave. Smaller employers must also provide leave, but it may be unpaid. The ordinance is effective July 1, 2023.
Employee Coverage:
The ordinance covers all employees (including temporary and part-time employees) who perform work within the geographic boundaries of the Bloomington for at least 80 hours in a year for their employer.
Employer Coverage:
The ordinance covers all private employers with covered employees.
Accrual and Frontloading:
Accrual
Employees begin accruing leave on July 1, 2023 or their date of hire, whichever is later. Employees must accrue a minimum of one hour of sick leave for every 30 hours worked, up to a maximum of 48 hours in a year. Employers must permit employees to carry over accrued but unused sick leave into the following year. However, employers may cap total accrual at 80 hours.
Frontloading
An employer may satisfy the requirements by providing at least 48 hours of sick leave following the initial 90 days of employment for use by the employee during the first calendar year and providing at least 80 hours of sick leave beginning each subsequent calendar year.
Use of Leave:
Employees may use accrued leave beginning 90 calendar days after the start of their employment. After 90 calendar days of employment, employees may use leave as it accrues.
An employee may use the sick leave for:
1. The employee’s or family member’s mental or physical illness, injury, or health condition; need for medical diagnosis; care, including prenatal care; treatment of a mental or physical illness, injury, or health condition; or need for preventive medical or health care.
2. The death of a family member.
3. An absence due to domestic abuse, sexual assault, or stalking of the employee or employee's family member, provided the absence is to:
a. Seek medical attention or psychological or other counseling services related to physical or psychological injury or disability;
b. Obtain services from a victim services organization;
c. Seek relocation; or
d. Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding.
· The closure of the employee's place of business by order of a public official to limit exposure to an infectious agent, biological toxin, hazardous material, or other public health emergency.
· The employee's need to care for a family member whose school or place of care has been closed by order of a public official to limit exposure to an infectious agent, biological toxin, hazardous material, or other public health emergency.
· The employee's need to care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected closure.
The ordinance defines a family member as:
· The employee’s:
o Child, step-child, adopted child, foster child, or adult child;
o Spouse;
o Sibling;
o Parent, step-parent, mother-in-law, or father-in-law;
o Grandchild or grandparent;
o Guardian or ward; or
· Members of the employee's household.
Employee Notice and Documentation
If the need for use is foreseeable, employers may require up to seven days’ advance notice of the need for leave. If the need is not foreseeable, an employer may require an employee to give notice of the need for leave as soon as practical.
If the absence is for illness, injury, or medical care (reasons 1 and 3a above) and is more than three consecutive days, the employer may require reasonable documentation that the absence is covered by the ordinance but only if the employer provides healthcare benefits to the employee.
Paid Leave:
Employers with five or more employees must compensate the employee at their regular rate of pay for the hours the employee was scheduled to work during the time the employee uses their sick leave. Compensation is only required for hours that an employee is scheduled to have worked. Smaller employers must provide leave, but it may be unpaid.
Note: There are special rules for the construction industry. See the ordinance for details.
Notice and Recordkeeping Requirements:
Employers must post a notice created by the city in a conspicuous place at any workplace or job site where any covered employee works. The notice must be posted in English, and any language spoken by at least five percent of the employees at the workplace or job site if published by the city attorney’s office.
Employers that provide an employee handbook to their employees must include in the handbook a notice of employee rights under the ordinance.
Upon request by an employee, the employer must provide, in writing or electronically, information stating the employee’s then-current amount of leave available and used.
In addition to the employment and payroll records required by the state, an employer must maintain accurate records for each employee showing hours of work as well as the sick leave available and used. The records must be retained for a period of at least three years in addition to the current calendar year. An employer must allow an employee to inspect records at a reasonable time and place.
Next Steps:
If you have employees working in Bloomington, MN for at least 80 hours each year:
- Provide sick leave in accordance with the requirements of the ordinance beginning July 1, 2023.
- Monitor the website of the city attorney’s office for the required notices.
- Post the required notices by July 1, 2023.
- Update leave policies and forms and employee handbooks to comply with the ordinance.
- Train supervisors on the ordinance.