Ferraro Vega Employment Lawyers can help you if your employer is treating you differently because you take Earned Sick or Safe Time (ESST) in Minnesota. While ESST is a statewide law, certain cities have their own ordinances when it comes to paid time off for sickness or other situations. Understanding how all that works can be overwhelming, but we’ll be there to guide you. Set up a free consultation today.
Are City Ordinances Different From the Statewide ESST Law?
Minnesota’s Earned Sick and Safe Time (ESST) law gives workers across the state important workplace protections when they need to take time off for taking care of themselves, their family, and others that might be close to them.
But if you work in Minneapolis, St. Paul, or Duluth, you may have heard that those cities also have their own earned sick and safe time ordinances. That naturally leads to a lot of questions about which one applies to your situation, and the answers depend on a few different factors:
- What city you work in
- Whether you’re a full-time employee
- Whether your employer is covered by the particular city ordinance
- Which law gives you greater protection
- Why you need to use ESST
A big part of this confusion comes from the fact that both the city ordinances and state law overlap. Because of that, it’s important to spell out what each city ordinance says first:
- Minneapolis was the first city to adopt its own EEST ordinance, but once the statewide ESST law was passed in 2024, the two largely work together.
- St. Paul. The same goes for St. Paul, which also has its own city ordinance that aligns closely with the statewide version of ESST. The main difference is that if you work in St. Paul and you feel like your ESST rights are being violated, you can file a claim through the city’s Department of Human Rights and Equal Economic Opportunity (HREEO).
- Duluth. The City of Duluth actually repealed its city ordinance regarding ESST when the state passed its version in 2024. That means, for practical purposes, only the statewide ESST law applies if you work in Duluth.
So, with at least these three cities, there’s no real substantial difference between city rules and state law when it comes to ESST. With that said, it’s not so much a question of whether or not you’re allowed to take ESST in these places, it’s what you should do if that right is being violated.
Do I Have To Provide Anything To Use Earned Sick and Safe Time?
Obviously, you never want to be in a situation where you have to use ESST in Minnesota, but like anyone knows, life happens and it’s rarely convenient for your work. And while you’re granted this time just by nature of being employed in Minnesota, your employer might have their own specific policies for:
- How you should request leave
- When you need to provide notice
- What information may be required in certain situations
If you’re only going to miss a day or two here and there, any PTO you have will probably cover what you need. But in more difficult situations—the kind that ESST is designed to help with—your employer might ask for more documentation. That’s okay up to a point, but generally can’t be so extensive as a way of trying to keep you from actually taking advantage of leave. Still, it’s generally a good idea to provide things like
- A note from your doctor or healthcare provider
- Documentation that shows what you need to do for your family member’s care.
- A court order or hearing paperwork from the court
- Communication from your child’s school about closures
Again, every situation is different. But when you provide this documentation, that combined with the fact that you’re qualified to use it, your employer can’t legally deny you from taking it. That doesn’t mean certain employers won’t try, and that brings up other questions.
What Can I Do If My Employer Won’t Let Me Use My ESST?
No matter where you work in Minnesota, you have basic protections when your employer either outright denies you from taking ESST leave or otherwise makes things difficult for you because of you taking it. And while the path depends on your particular situation, here’s what you can do generally:
- File an administrative complaint with the city or state. Minneapolis, St. Paul, and Duluth each have their own administrative divisions that handle complaints for workers that live in those cities, but you can also go to the Minnesota Department of Labor and Industry (MNDLI) with a complaint if you aren’t being allowed ESST leave.
- File a lawsuit. You also have the option of filing a complaint in civil court, but this is usually a last resort. Usually, it’s the path forward if an administrative complaint goes nowhere or you’re facing more substantial lost income or retaliation from your employer. Once your complaint is filed, you can get “damages” for your:
- Lost wages or benefits
- Other financial losses
- Attorney’s fees and court costs
- Other damages available under the law
There isn’t one right answer for every situation. Sometimes, a simple conversation with your bosses can clear things up. But most of the time, it unfortunately takes action on your part to make things right—and protect yourself and the rest of your coworkers. No matter what, though, our team will be with you from the start.
Free Consultations After Minnesota ESST Violations at Work
Understanding your rights under Minnesota’s Earned Sick and Safe Time law can be confusing—especially if you work in a city like Minneapolis, St. Paul, or Duluth where local rules also apply to you. That’s understandable, but it’s also largely by design. If you believe your employer denied your earned sick and safe time, made it difficult to use your leave, or retaliated against you for exercising your rights, Ferraro Vega Employment Lawyers can help you by:
- Explaining how Minnesota’s ESST law and your local ordinance may apply to your situation.
- Reviewing your leave records, attendance history, pay records, communications, and other important information.
- Helping figure out whether your employer may have violated your rights.
- Handling the back-and-forth with your employer.
- Guiding you through a claim if your employer refuses to correct the problem.
Most importantly, our goal is to make a difficult situation easier on you and your family. You shouldn’t have to figure out complicated workplace laws on your own while also worrying about your job. If you have questions about your earned sick and safe time rights in Minnesota, Minneapolis, St. Paul, or Duluth, set up a free consultation today.
