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Minneapolis Approves Paid Sick Leave Law

The Minneapolis city council has approved an ordinance requiring employers with six or more employees to provide up to 48 hours of paid sick leave each year. Employers with five or fewer employees will be required to provide up to 48 hours of unpaid sick leave.  The ordinance will take effect on July 1, 2017.

Under the law, covered employees, including part-time and temporary employees, who work at least 80 hours per year in Minneapolis, will be eligible to accrue one hour of sick leave for every 30 hours worked, up to a total accrual of 48 hours per year. Employees will be permitted to rollover unused sick leave into the following year, with a maximum accumulation of 80 hours.

Leave may be taken for:

  • the physical or mental illness, injury, or health condition or the employee or a covered family member, including the need for medical diagnosis, care, treatment, or preventative care;

  • treatment, counseling, relocation, or legal proceedings associated with instances of domestic abuse, sexual assault, or stalking relating to the employee or a covered family member;

  • care for a covered family member whose school or place of care has been closed due to inclement weather, loss of power or utilities, or other unexpected closure; or

  • the closure of the employee’s place of business or the need to care for a covered family member whose school or place of care has been closed due to a public health emergency.

Employees will be entitled to begin using accrued time 90 calendar days following commencement of their employment. Employers may require reasonable documentation of the need for leave under the law for absences of more than 3 consecutive days.

The ordinance provides for a delayed implementation period for new businesses, under which new businesses (other than chain establishments) may offer unpaid leave only during the first year of business, following which they must provide paid leave if they have six or more employees. However, this delayed implementation provision will cease to have effect five years following the effective date of the law.

During the first year of the law, employers who incur a first offense (other than for retaliation against an employee for exercising his or her rights under the law) will be subject to warnings and notices to correct, including, where appropriate, payment of improperly held wages and reinstatement. However, second violations of the law during the first year, as well as initial violations starting in the second year of the law, will carry monetary penalties of up to $1,500, payable to the employee, and fines of $50 per day of noncompliance, payable to the city, in addition to payment of improperly withheld wages, liquidated damages (subject to a cap), and reinstatement with back pay, as appropriate.

The Minneapolis Department of Civil Rights, which will be responsible for enforcing the ordinance, will be issuing an official notice of employee rights, which employers shall be required to post in a conspicuous place at every covered workplace or job site. Employers also shall be required to include a notice of employee rights under the ordinance in employee handbooks and policy manuals.

© 2020 Proskauer Rose LLP. National Law Review, Volume VI, Number 153

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About this Author

Patrick J Lamparello, Proskauer, sexual harassment lawyer, wrongful discharge attorney
Partner

Patrick J. Lamparello is a senior counsel in the Labor & Employment Law Department, who devotes his practice to representing employers in federal and state litigations, arbitrations and administrative proceedings, as well as counseling clients in employment matters.

Patrick has significant experience representing and counseling clients in the financial services industry, including hedge funds, private equity funds, investment banks and other investment advisors. In addition to his financial services industry focus, he also provides...

212-969-3572
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