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Duluth, Minnesota Enacts Paid Sick Leave Law

Duluth, Minnesota has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons.  The Ordinance will take effect on January 1, 2020.

The Ordinance will apply to employers with five or more employees nationwide.  Covered workers in the city of Duluth will be entitled to accrue one hour of paid sick leave for every 50 hours worked, up to a total of 64 hours per year, though use of sick leave may be capped at 40 hours per year.  Where such an accrual method is used, employees must be permitted to carry over up to 40 hours of unused sick leave for immediate use in the following year.  Alternatively, employers can satisfy the law’s requirements by front-loading 40 hours of sick leave at the beginning of each year.  Employees may begin using paid sick leave on the 90th day of employment.

An employer that currently offers its employees paid time off (which may include personal, sick, and/or vacation days) that is equal to or greater than that required by the Ordinance, and that can be used for the same purposes and under the same conditions as provided by the Ordinance, may use such time to satisfy its obligations under the Ordinance.

Employees will be able to use paid sick leave for any one or a combination of the following reasons:

  • time needed for diagnosis, care, treatment, or recovery from an employee’s mental or physical illness, injury or other health condition, or for preventive medical care;
  • time needed for the employee to care for a family member needing diagnosis, care, treatment, or recovery from the family member’s mental or physical illness, injury or other health condition, or requiring preventive medical care; or
  • an absence due to domestic abuse, sexual assault, or stalking of the employee or employee’s family member.

For purposes of the Ordinance, “family members” include an employee’s child, spouse or domestic partner, parent, sibling, grandparent, grandchild, and “any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.”

Employees may be required to comply with the employer’s usual notice and procedural requirements for absences or for requesting leave, provided that such requirements “do not interfere with the purposes for which the leave is needed.”  Paid sick leave may be taken in increments “consistent with the current business/payroll practice as defined by industry standards or existing employer policies,” so long as any such increment does not exceed four hours.  Employers may require documentation of the need for sick leave for absences of more than three consecutive days.

Employers shall be required to provide notice to employees of their entitlement to paid sick leave and their rights under the Ordinance, including an employee’s right to file a written complaint to the city clerk if sick leave required by the Ordinance is denied or the employee is retaliated against for requesting or taking sick leave.  It is unclear whether the city plans to issue a form notice to satisfy this requirement.

© 2019 Proskauer Rose LLP.

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About this Author

Evandro Gigante, Labor Attorney, Proskauer Rose Law FIrm
Senior Counsel

Evandro Gigante is a Senior Counsel in the Labor & Employment Law Department. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation, and breach of contract. Evandro also counsels employers in connection with reductions in force and wage-and-hour issues, and advises clients on restrictive covenant issues, including, for example, confidentiality, non-compete, and non-solicit agreements. 

212.969.3132
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour and class and collective action litigation, and she is a frequent contributor to the Proskauer on Class and Collective Actions blog.

212-969-3631