Purpose
In recognition of Minnesota Statutes sections 181-9445 to 181.9448, beginning January 1, 2024, the City of Moorhead (City) outlines a policy to provide employees classified as Temporary/Seasonal with paid sick leave for absences from work due to reasons associated with Earned Sick and Safe Time (ESST) as allowed under MN Statute sections 181.9445 to 181.9448. This policy is only in effect in accordance with relevant MN Statutes.
Policy
“Earned Sick and Safe Leave” is paid time off earned at one (1) hour of ESST leave for every thirty (30) hours worked by an employee, up to a maximum of forty-eight (48) hours per year. ESST leave may be accumulated to a maximum of eighty (80) hours. The hourly rate of ESST leave is the same hourly rate an employee earns from employment with the City. This specific leave applies to employees not classified as regular full/part-time employees (including temporary, seasonal and paid intern employees) performing work for at least eighty (80) hours in a calendar year for the City.
- ADMINISTERING ESST SICK LEAVE
The ESST leave may be used as it i is accrued in the smallest increment of time tracked by the City’s payroll system, (fifteen-minute increments) for the following circumstances:
An employee’s own:
- Mental or physical illness, injury or other health condition
- Need for medical diagnosis, care or treatment, of a mental or physical illness, injury or health condition
- Need for preventative care
- Place of employment closure due to weather or other public emergency
- Inability to work or telework because the employee is prohibited from working by the city due to health concerns related to the potential transmission of a communicable illness related to a public emergency, or seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and the employee has been exposed to a communicable disease or the city has requested a test or diagnosis.
- Absence due to domestic abuse, sexual assault, or stalking of the employee provided the absence is to:
- Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking
- Obtain services from a victim services organization
- Obtain psychological or other counseling
- Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking
- Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking
Care of a family member:
- With mental or physical illness, injury or other health condition
- Who needs medical diagnosis, care or treatment of a mental or physical illness, injury or other health condition;
- Who needs preventative medical or health care
- Whose school or place of care has been closed due to weather or other public emergency
- When it has been determined by health authority or a health care professional that the presence of the family member of the employee in the community would jeopardize the health of others because of the exposure of the family member of the employee to a communicable disease, whether or not the family member has actually contracted the communicable disease
- For an absence due to domestic abuse, sexual assault or stalking of the employee’s family member provided the absence is to:
- Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking
- Obtain services from a victim services organization
- Obtain psychological or other counseling
- Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault or stalking
- Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking
For the purpose of ESST leave, family member is defined by MN Statute section 181.9445.
Employees must provide reasonable documentation regarding the reason for their use of ESST leave if they use it for more than three (3) consecutive days.
- ADVANCE NOTICE FOR USE OF EARNED SICK AND SAFE TIME LEAVE
If an employee plans to use ESST leave for an appointment, preventive care or another permissible reason they know of in advance, they are to inform their immediate supervisor as far in advance as possible but at least seven (7) days in advance. In situations where an employee cannot provide advance notice, the employee should contact their supervisor as soon as they know they will be unable to work.
- RETALIATION AND RIGHT TO FILE COMPLAINT
It is against the law for an employer to retaliate, or to take negative action, against an employee for using or requesting ESST or otherwise exercising their ESST rights under the law. If an employee believes they have been retaliated against or improperly denied ESST, they can file a complaint with the Minnesota Department of Labor and Industry. They can also file a civil action in court for ESST violations.
- ABUSE OF ESST
ESST is not the same as vacation or holidays, and it is not for indiscriminate use. Abuse is defined as consistently and continually using up all available ESST or using ESST for invalid reasons. Abuse of ESST may subject the employee to disciplinary action up to and including discharge.