Overview of Paid Sick Time Laws in the United States:
Updated on October 26, 2018
|Who is covered? Note: City/county paid sick time laws cannot cover state government workers, and city, county, and state paid sick time laws cannot cover federal government workers.
|Workers who perform work for an employer within Minneapolis for at least 80 hours in a year for that employer are covered. Independent contractors are exempted.
|Can sick time be used to care for loved ones?
|Yes: children; parents; parents-in-law; spouses; registered domestic partners; grandchildren; grandparents; siblings; and members of the worker’s household
|How is “child” defined?
|Biological, adopted, or foster child, stepchild, guardian, or ward
|Can sick time be used for specific “safe time” purposes (related to domestic violence, sexual assault, or stalking)?
|Yes, when the worker or the worker’s family member is the victim
|Can sick time be used under the law to bond with a new child and/or deal with a family member’s death? Note: It is possible that other laws, such as the Family and Medical Leave Act or a state equivalent, could provide eligible workers with unpaid leave for these purposes.
|Can sick time be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency?
|Yes. Also includes need to care for family member whose school/place of care is closed due to inclement weather, loss of power/heating/water, or other unexpected closure.
|Rate at which workers earn paid sick time?
|1 hour for every 30 hours worked (for both paid and unpaid sick time, as described below)
|Do workers have different sick time-related rights based on the size of their employer? If so, based on what employer-size threshold(s)?
|Yes. Workers in businesses with 6 or more workers can earn up to 48 hours of paid sick time per year. Workers in businesses with 5 or fewer workers can earn up to 48 hours of unpaid, job-protected sick time per year. Further restrictions may apply, as described under “Amount of paid sick time that can be earned under the law per year.”
|Amount of paid sick time that can be earned under the law per year? (Note: All of these paid sick time laws make it clear that these laws establish a minimum requirement, and employers can provide greater or more generous paid sick time benefits to their workers.)
|Workers in businesses with 6 or more workers: up to 48 hours a year. Workers in businesses with 5 or fewer workers: up to 48 hours of unpaid, job-protected sick time a year. New employers, other than certain chain businesses, only have to provide unpaid, job-protected sick time in their first 12 months after hiring their first worker (this “new business” provision only applies for 5 years after the law’s effective date).
|When do workers begin to earn paid sick time?
|At the commencement of employment, but workers aren’t entitled to use sick time until the 90th calendar day after commencement of employment.
|Does unused sick time carry forward to the subsequent year?
|Workers are entitled to carry forward unused sick time and shall continue to accrue sick time up to a total of 80 hours at any time. There is otherwise no limit on how much earned sick time can be used in a year.
|Private Right of Action to go to Court?
|Are there waivers/ exemptions for workers covered by a valid Collective Bargaining Agreement (CBA)?
|An employer may opt to satisfy the law for construction employees by paying at least the State prevailing wage or the rate required in an applicable registered apprenticeship agreement (regardless of whether working on private or public projects).
|What Agency or Official Enforces the Law?
|Minneapolis Department of Civil Rights
|For the statewide paid sick time laws: can cities in the state pass paid sick time laws that are broader than the state law?
|Minneapolis Code § 40.10 et seq.
|For more information, see http://sicktimeinfo.minneapolismn.gov/.