Duluth, MN Earned Sick and Safe Time Ordinance
On May 29, 2018, the Duluth City Council adopted the Earned Sick and Safe Time Ordinance which allows employees to accrue one hour of earned sick and safe time for every 50 hours worked. The ordinance applies to employers with five or more employees, and employees who perform work within the city for more than 50% of the employee’s working time or who are based in Duluth and spend a substantial part of his or her time working in the city.
Employers must permit covered employees to accrue up to 64 hours of earned sick and safe time per year, and carry over at least 40 hours into the following year. Employees who have been employed for at least 90 calendar days must be allowed to use up to 40 hours of earned sick and safe time per year for the following purposes:
- The employee’s own mental or physical illness, injury, or health condition; including the need to pursue treatment or obtain preventative care
- The mental or physical illness, injury or health condition of the employee’s family member, to allow the employee to provide care
- An absence due to domestic abuse, sexual assault, or stalking of the employee or the employee’s family member
- Lost hours due to the closure of place of employment due to public health reasons
Posting Requirement
Employers are required to give notice that employees are entitled to earned sick and safe time; the amount of earned sick and safe time; the terms of use; that retaliation is prohibited; and that each employee has the right to file a written complaint if earned sick and safe time is denied or if the employee is retaliated against.
Employers can comply with this notice requirement by displaying the City of Duluth, MN Earned Sick and Safe Time Poster in a conspicuous and accessible place in each establishment where covered employees are employed, such as in a breakroom, by a punch clock, or in a common work meeting room. (Duluth City Code, Sec. 29E-6) If an employer maintains an employee handbook, a copy of the employer’s ESST-compliant paid leave policy must be included in handbook.