Minnesota Sick and Safe Leave (ESST): 2026 Complete Guide
Minnesota's Earned Sick and Safe Time (ESST) law requires all employers to provide paid sick leave to employees who work at least 80 hours per year in the state. Employees earn 1 hour of paid leave for every 30 hours worked, up to 48 hours per year. The leave can be used for illness, medical appointments, domestic abuse situations, school closures, and more. This guide covers everything employees and employers need to know about Minnesota sick leave in 2026.
48
Hours per year
1:30
Hour earned per 30 worked
80
Hour carryover cap
All
Employers covered
How Minnesota Sick and Safe Leave Works
Accrual Method
- Earn 1 hour for every 30 hours worked
- Maximum of 48 hours per year (unless employer offers more)
- Accrual begins on first day of work
- Unused hours carry over (up to 80-hour cap)
Employer Options
Instead of accrual, employers can choose to:
- Front-load 48 hours at start of year (pay out unused at year end)
- Front-load 80 hours at start of year (no payout or carryover required)
Note: Existing PTO policies can satisfy ESST requirements if they meet or exceed the law's minimums.
What Can You Use Sick and Safe Leave For?
Health & Medical
- Your own mental or physical illness
- Medical appointments and preventive care
- Caring for a sick family member
- Family member's medical appointments
Safety
- Domestic abuse situations
- Sexual assault
- Stalking
- Harassment (St. Paul only)
Closures & Emergencies
- Workplace closure due to weather
- Workplace closure due to public emergency
- Child's school or daycare closure
- Communicable disease exposure or quarantine
Family Death
- Funeral arrangements
- Attending funeral or memorial
- Legal matters after death
- Financial matters after death
Who Counts as a "Family Member"?
Minnesota's ESST law has a broad definition of family member. You can use sick and safe time to care for:
ESST vs PFML: What's the Difference?
| Feature | ESST (Sick & Safe Time) | PFML (Paid Family & Medical Leave) |
|---|---|---|
| Leave Amount | 48 hours per year | Up to 20 weeks per year |
| Pay Rate | 100% of regular wages | Partial wage replacement (~55-90%) |
| Who Pays | Employer directly | State (funded by payroll taxes) |
| Best For | Short-term needs (doctor appointments, minor illness) | Extended leave (childbirth, serious illness, family care) |
| Effective Date | Already in effect | January 1, 2026 |
Key Point: ESST and PFML work together. Use ESST for short absences and save PFML for extended leave situations. They are separate entitlements.
2026 ESST Updates
What Changed in 2026
Documentation Requirements
Employers can now request documentation after 2 consecutive scheduled workdays of absence (previously 3 days). This gives employers earlier visibility while still protecting employee privacy.
Advance Hours
Employers may advance ESST hours based on expected hours for the year. If an employee works more than anticipated, the employer must provide additional ESST to cover the extra time.
Break Time Updates
30-minute meal breaks now required after 6 consecutive hours (previously 8 hours). Rest breaks must be at least 15 minutes or time to use nearest restroom, whichever is longer.
Local City Ordinances
Some Minnesota cities have their own sick and safe leave laws. Employers must follow whichever law is more favorable to employees.
Minneapolis
Effective: December 31, 2025 (amended)
Aligned with state law. Covers employees working 80+ hours/year in city limits.
St. Paul
Effective: November 16, 2025 (amended)
Includes harassment as qualifying use (beyond state law). Covers 80+ hours/year in city.
Bloomington
Effective: Aligned with state
If employer complies with state ESST law, they comply with Bloomington ordinance.
Duluth
Effective: Eliminated
Duluth eliminated its local ordinance when state law took effect.
St. Paul employers: You must accommodate leave for harassment, even though this isn't covered under state law. Review your policies to ensure compliance.
Employer Requirements
Written Notice at Hire
Provide employees with notice of their ESST rights in English and their primary language. The Minnesota Department of Labor has a template available.
Pay Statement Information
Every pay statement must show available ESST hours and hours used that pay period. You can't just point employees to a timekeeping system.
Employee Handbook
If you have an employee handbook, you must include information about sick and safe time rights and usage policies.
No Retaliation
Employers cannot retaliate against employees for using or requesting ESST. Employees must be restored to their same position after leave.
Frequently Asked Questions
How much sick leave do Minnesota employees get?
Minnesota employees earn 1 hour of sick and safe time for every 30 hours worked, up to 48 hours per year. Unused hours can carry over to the next year, up to an 80-hour cap. Employers can also front-load 48 hours at the start of the year instead of using accrual.
Who is covered by Minnesota's sick and safe leave law?
Nearly all employees who work at least 80 hours per year in Minnesota are covered, including part-time and temporary workers. This applies to any employer with at least one employee in the state. Some limited exceptions exist for certain industries.
What can I use Minnesota sick and safe leave for?
You can use ESST for your own illness or medical appointments, caring for a sick family member, domestic abuse or stalking situations, school or childcare closures due to weather or emergencies, communicable disease exposure, and funeral arrangements or legal matters after a family member's death.
Is Minnesota sick leave paid?
Yes, Minnesota's Earned Sick and Safe Time (ESST) must be paid at the same base rate the employee earns when working. Employers cannot pay a lower rate for sick time.
Can my employer require a doctor's note for sick leave in Minnesota?
As of 2026, employers can request reasonable documentation for absences exceeding 2 consecutive scheduled workdays (previously 3 days). However, employers cannot require you to disclose specific medical conditions or domestic violence details, and must accept alternative documentation if standard verification creates an unreasonable burden.
What's the difference between ESST and Minnesota PFML?
ESST (Earned Sick and Safe Time) provides 48 hours of paid leave for short-term needs like illness or appointments. PFML (Paid Family and Medical Leave) provides up to 20 weeks of partial wage replacement for extended leave like childbirth, serious illness, or caring for family members. ESST is employer-provided; PFML is a state-run insurance program funded by payroll taxes.
Do Minneapolis and St. Paul have different sick leave laws?
Minneapolis and St. Paul have their own Earned Sick and Safe Time ordinances that were recently amended to align more closely with state law. Key difference: St. Paul includes harassment as a qualifying use for safe time, which is not covered under state law. Employers must follow whichever law is more favorable to employees.
What happens to my sick leave if I quit or get fired?
Minnesota does not require employers to pay out unused sick leave upon termination. However, if you're rehired by the same employer within 180 days, your previously accrued leave must be reinstated (unless it was already paid out at separation).
Can my employer fire me for using sick leave?
No. Minnesota law prohibits retaliation against employees who use or request earned sick and safe time. You must be returned to your same position with the same benefits and seniority after taking protected leave.
How do I know how much sick leave I have?
Minnesota employers are required to include your available sick and safe time hours and hours used on every pay statement. They cannot simply tell you to check a timekeeping system—the information must be on your actual earnings statement.
Related Resources
Official Resources
Disclaimer
This guide provides general information about Minnesota's Earned Sick and Safe Time law. It is not legal advice. For specific questions about your situation, consult the Minnesota Department of Labor and Industry or an employment attorney. Navitize is not affiliated with any government agency.
Last updated: January 20, 2026 | Minnesota Sick and Safe Leave Guide