Minnesota Earned Sick and Safe Time (ESST) Rules

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The answer

Yes, every employer with 1+ employee

Since January 1, 2024, every employer with one or more employees in Minnesota gives paid earned sick and safe time (ESST): at least 1 hour per 30 hours worked, at least 48 hours a year, with carryover that may be capped at an 80-hour balance (Minn. Stat. 181.9445 to 181.9446). (Minn. Stat. 181.9446)

“An employee is anyone who an employer anticipates works at least 80 hours in a year for an employer in Minnesota but does not include independent contractors. Part-time, seasonal and temporary employees are covered under the law.”
Minnesota DLI, FAQs: Earned sick and safe time (ESST) · dli.mn.gov · verified Sep 24, 2026

Sick leave policy template

What it means for Minnesota employers

Coverage turns on the worker, not the company size. The Department of Labor and Industry (DLI) defines an employee for ESST as anyone the employer expects to work at least 80 hours a year in Minnesota, other than an independent contractor. That pulls in part-time, seasonal and temporary staff, and people who live in Wisconsin or the Dakotas but work shifts in Minnesota. Hours worked outside the state do not count. (Minn. Stat. 181.9446)

Accrual starts on the first day, not after the first 80 hours, and runs on all hours worked including overtime. Professional, administrative and executive exempt staff are presumed to work 40 hours a week unless there is clear evidence of a shorter regular week. Time on vacation or out sick does not have to earn ESST. (Minnesota DLI, FAQs: Earned sick and safe time (ESST))

The 48 and 80 figures are floors for how the employer may cap, not ceilings on generosity. An employer may stop yearly accrual at 48 hours and the total bank at 80 hours, but not lower. Once an employee hits the 80-hour bank, nothing more accrues until some hours are used. (Minnesota DLI, FAQs: Earned sick and safe time (ESST))

Minneapolis and St. Paul run their own ESST ordinances. DLI tells employers there to follow whichever state or city requirement is more favorable to employees, provision by provision. DLI also adopted ESST rules on June 29, 2026 that took effect July 6, 2026; this page covers the statute and the FAQ, so check DLI's rules page for anything procedural. (Minn. Stat. 181.9446)

Exceptions and special cases

DLI lists who is not covered: federal employees, independent contractors, volunteer and paid-on-call firefighters and ambulance staff, elected officials, farm workers hired for 28 days or less a year, construction trades employees whose collective bargaining agreement validly waives ESST by naming the law, and certain family caregivers who waived their rights. (Minnesota DLI, FAQs: Earned sick and safe time (ESST))
Three ways to run the year: accrue with carryover up to an 80-hour bank; front-load at least 48 hours and pay out unused hours at the base rate at year end with no carryover; or front-load at least 80 hours with no payout and no carryover. Different approaches for part-time and full-time staff are allowed. (Minnesota DLI, FAQs: Earned sick and safe time (ESST))
At separation, unused ESST does not have to be paid out, whether the employee quits or is let go. If the same employer rehires the person within 180 days, unused hours come back, unless they were paid out at the earlier separation. (Minnesota DLI, FAQs: Earned sick and safe time (ESST))

Worked examples

DLI's own arithmetic, applied to a 30-hour-a-week employee

30 hours a week for 28 weeks is 840 hours worked; 840 divided by 30 is 28 hours of ESST. A full-time employee at 40 hours a week reaches the 48-hour yearly minimum after 1,440 hours, which is 36 weeks. (Minnesota DLI, FAQs: Earned sick and safe time (ESST))

Hitting the 80-hour bank

An employee ends year one with 30 unused hours and accrues 48 more in year two without using any. In year three only 2 more hours can accrue (30 + 48 + 2 = 80) before accrual stops at an 80-hour cap. (Minnesota DLI, FAQs: Earned sick and safe time (ESST))

Rehired after a summer away

A server leaves on May 29, 2026 with 18 unpaid ESST hours and is rehired on October 1, 2026, which is 125 days later. The 18 hours must be restored because the return is within 180 days and the hours were not paid out. (Minnesota DLI, FAQs: Earned sick and safe time (ESST))

How to act on it

Sick leave policy templatePick one of the three ESST structures, define the year, and add the Minneapolis or St. Paul rules if you have staff there.PTO policy templateDLI says a PTO plan of any name can satisfy ESST if it meets the ESST requirements.Minnesota employer rulebookEvery verified Minnesota rule with its source.Paid sick leave laws by stateCompare Minnesota with Wisconsin, Iowa and the Dakotas.

Paid sick leave: Minnesota and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

State	Statewide paid sick leave
Minnesota	Yes, statewide
Wisconsin	No statewide law
Iowa	No statewide law
South Dakota	Pending verification
North Dakota	Pending verification

Questions about Minnesota paid sick leave rules

Does Minnesota ESST apply to part-time workers?

Yes, to anyone the employer expects to work at least 80 hours a year in Minnesota, including part-time, seasonal and temporary employees.

Can a Minnesota employer cap ESST?

Yes, at no less than 48 hours of accrual a year and an 80-hour total balance. Higher limits are allowed, lower ones are not.

Is ESST paid out when a Minnesota employee quits?

No, payout of unused ESST is not required at separation, although an employer may choose to pay it.

Do overtime hours earn ESST in Minnesota?

Yes. All hours worked count, including overtime, except that exempt professional, administrative and executive employees are presumed to work 40 hours a week.

Do Minneapolis and St. Paul employers follow the state law?

They follow both the state law and the city ordinance, applying whichever requirement is more favorable to employees on each point.

The verified rules behind this page (6)

Accrual: Minnesota earned sick and safe time (ESST): employees accrue at least one hour of paid ESST for every 30 hours worked. (Minn. Stat. § 181.9446; verified Sep 24, 2026)
Accrued balance cap: Unused ESST carries over, but the total accrued balance may be capped at 80 hours (unless the employer agrees to more). (Minn. Stat. § 181.9446; verified Sep 24, 2026)
Annual cap: Employers may cap annual ESST accrual at 48 hours a year (more if the employer agrees). (Minn. Stat. § 181.9446; verified Sep 24, 2026)
Effective date: Minnesota's ESST law took effect "Jan. 1, 2024". (Minnesota DLI, FAQs: Earned sick and safe time (ESST); verified Sep 24, 2026)
Employee eligibility: Covered employees are those anticipated to work at least 80 hours a year for an employer in Minnesota (not independent contractors); part-time, seasonal and temporary employees are included. (Minnesota DLI, FAQs: Earned sick and safe time (ESST); verified Sep 24, 2026)
Employer coverage: Applies to every employer with one or more employees in Minnesota (the federal government excluded); ESST is paid leave for all covered employers. (Minn. Stat. § 181.9445, subd. 6; verified Sep 24, 2026)

Note: Minneapolis and St. Paul have their own earned sick and safe time ordinances. Employers there must follow whichever requirements are most favorable to the employee, state or city. (Minn. Stat. §§ 181.9445-181.9448; Minnesota DLI earned sick and safe time page)

Sources (5)

Checked Sep 24, 2026 · How we verify every rule · Report an error

Minnesota earned sick and safe time (ESST) for employers