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Ana front loads 48 hours into Omar's bank. He has eight hours of remaining sick <br /> and safe time at the end of the first year, which Ana pays out. At the beginning of <br /> Omar's second year and every year thereafter, Ana front loads 80 hours into <br /> Omar's bank; once using option 3 (see above), Ana is not required to pay out <br /> unused ESST hours at the end of the year. <br /> May an employer front load yearly ESST hours for part-time employees? <br /> Yes, an employer may front load yearly ESST hours for part-time or full-time <br /> employees. <br /> May an employer treat part-time and full-time employees differently? For <br /> example, can the employer front load ESST hours for some employees but <br /> not others? <br /> Yes, an employer may treat part-time and full-time employees differently for purposes of <br /> ESST so long as the employer provides all employees at least what they are entitled to <br /> under Minnesota's ESST law and as long as the law is applied in a way that does not <br /> discriminate against an employee or group of employees based on a protected class, <br /> such as race, sex or national origin. <br /> Does ESST accrue the same way for building and construction industry <br /> employees? <br /> The requirements for ESST can be waived through a collective bargaining agreement <br /> with a bona fide building and construction trades labor organization. This waiver needs <br /> to reference the ESST law specifically. <br /> Must unused ESST hours be paid out when an employee leaves their job? <br /> Employers are not required to pay out any accrued and unused ESST if an employee <br /> leaves their job, either voluntarily or involuntarily. However, employers may choose to <br /> do so. An employee who transfers positions or work units within a single employer <br /> retains their accrued ESST. <br /> Are ESST hours restored if an employee returns to work for a former <br /> employer? <br /> An employee who returns to work for the same employer within 180 days of separation <br /> is entitled to the ESST hours accrued before leaving the employer. <br /> What happens to ESST hours if the workplace changes owners? <br /> If a workplace changes ownership, retained employees keep their accrued and unused <br /> ESST. Employees who are terminated by the original owner as part of the change in <br />