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Agenda - Council Work Session - 10/24/2023
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Agenda - Council Work Session - 10/24/2023
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3/13/2025 11:30:16 AM
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10/19/2023 4:20:51 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
10/24/2023
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If an employer contracts with a staffing agency for temporary employees, <br /> which entity is responsible under Minnesota's ESST law to meet the sick <br /> and safe time obligations for the temporary employees? <br /> Under Minnesota's ESST law, unless there is a contract that states otherwise, the <br /> staffing agency is responsible for the ESST obligations. <br /> Earning hours: Accrual, front loading and carryover <br /> When do employees begin to accrue ESST? <br /> Employees begin accruing ESST on their first day of employment. <br /> What is accrual of hours? <br /> Accrual of hours is when each ESST hour is added to a saved total the employee may <br /> use. Employers must provide each employee in Minnesota with one hour of ESST for <br /> every 30 hours worked, up to at least 48 hours a year. <br /> Sample scenarios <br /> • Manuel works 30 hours a week at Classic Automotive and has worked there for <br /> seven months (28 weeks). Manuel has accrued 28 hours of ESST: 30 hours <br /> worked x 28 weeks = 840 hours worked. 840 divided by 30 = 28 hours of ESST. <br /> • Sara works 40 hours a week at Mid-Minnesota Warehousing and has worked <br /> there for three weeks. Sara has accrued four hours of ESST: 40 hours worked x <br /> 3 weeks = 120 hours worked. 120 divided by 30 = 4 hours of ESST. <br /> Can an employer put a cap on how many ESST hours an employee can <br /> accrue? <br /> Yes, employers may set a cap or limit on each employee's ESST accrual. Employers <br /> must allow each employee to accrue up to at least 48 hours a year, carried over from <br /> year to year, until an 80-hour maximum accrual is reached. These limits of 48 hours <br /> each year and a maximum accrual of 80 hours for each employee may be higher if an <br /> employer agrees, but not lower. See options 2 and 3 below for front loading options that <br /> do not involve required carryover. <br /> Sample scenario <br /> • Ali Consultants limits its employees' accrual of ESST hours to the minimum <br /> standard of 80 hours. Michelle accrued 30 ESST hours by the end of the first <br /> year of her employment. These 30 hours carried over into the second year, <br /> during which she accrued an additional 48 hours. She did not use any of these <br />
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