HF 4763

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/26/2026 02:38 p.m.

A bill for an act
relating to employment; allowing employers to front-load a prorated amount of
earned sick and safe time to an employee; amending Minnesota Statutes 2024,
section 181.9446.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 181.9446, is amended to read:

181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.

(a) An employee accrues a minimum of one hour of earned sick and safe time for every
30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
Employees may not accrue more than 48 hours of earned sick and safe time in a year unless
the employer agrees to a higher amount.

(b)(1) Except as provided in clause (2), employers must permit an employee to carry
over accrued but unused sick and safe time into the following year. The total amount of
accrued but unused earned sick and safe time for an employee must not exceed 80 hours at
any time, unless an employer agrees to a higher amount.

(2) In lieu of permitting the carryover of accrued but unused sick and safe time into the
following year as provided under clause (1), an employer may provide an employee with
earned sick and safe time for the year that meets or exceeds the requirements of this section
that is available for the employee's immediate use at the beginning of the subsequent year
as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and
safe time at the end of a year at the same base rate as an employee earns from employment
and in no case at a rate less than that provided under section 177.24 or an applicable local
minimum wage; or (ii) 80 hours, if an employer does not pay an employee for accrued but
unused sick and safe time at the end of a year.

new text begin (c) Notwithstanding any other law to the contrary, if an employee begins employment
in the middle of an employer's 12-month consecutive year, the employer satisfies the
requirements of this section by providing a prorated number of earned sick and safe time
hours for immediate use based on the amount of days remaining in the employer's 12-month
consecutive year, or on an accrual basis as provided in paragraph (a).
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Employees who are exempt from overtime requirements under United States
Code, title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work
40 hours in each workweek for purposes of accruing earned sick and safe time, except that
an employee whose normal workweek is less than 40 hours will accrue earned sick and safe
time based on the normal workweek.

deleted text begin (d) deleted text end new text begin (e) new text end Earned sick and safe time under this section begins to accrue at the commencement
of employment of the employee.

deleted text begin (e) deleted text end new text begin (f) new text end Employees may use earned sick and safe time as it is accrued.