Changes to notice, documentation, replacement worker, and hour advancement requirements were passed into law.

During the 2025 special session the Legislature passed Chapter 6, amending four sections of the earned sick and safe time (ESST) statute.

The first change modifies notice requirements. Previously, employees were required to notify their employer “as soon as practicable” for unforeseeable uses of ESST. The updated law now allows cities to require employees to give notice “as reasonably required by the employer.” This change took effect July 1, 2025.

The second change slightly modified documentation requirements. Starting July 1, 2025, the timeframe for when a city can request reasonable documentation from an employee will be reduced from more than three consecutive, scheduled workdays to more than two consecutive, scheduled workdays.

The third amendment clarifies the issue of replacement workers. While the law prohibits employers from requiring employees to find shift coverage when using ESST, it now explicitly states that employees may voluntarily seek or trade shifts with others. This section took effect July 1, 2025.

The fourth change allows employers to advance ESST hours to new employees “based on the number of hours the employee is anticipated to work for the remaining portion of an accrual year.” Previously, employers could award ESST to employees even if that time had not yet been earned. This new language, effective Jan. 1, 2026, allows employers to advance ESST hours based on the estimated hours an employee will work in the calendar year. Employers must reconcile advanced hours to ensure employees receive the correct amount based on actual hours worked.

Additional resources

The League of Minnesota Cities has updated its Earned Sick and Safe Time FAQ webpage to reflect all the recent changes. The FAQ details all the information cities need to know about the ESST requirements.

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