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CareersMinnesota Employment Law Changes to ESST, Breaks, & Paid Leave
A recent Minnesota legislative session amended rest and meal break laws, as well as the Earned Sick and Safe Time (ESST) and Paid Leave laws. The Legislature did not make any significant changes; however, it's important to note that some changes have already taken effect, and employers should update their policies accordingly.
Earned Sick and Safe Time (ESST)
Notice Requirements
If an employee's need for ESST leave is unexpected, employees must now give advance notice as reasonably required by the employer. In the past, employees were only required to provide advance notice as soon as practicable. The amendment establishes a more employer-friendly standard, as notice will likely need to be given further in advance.
Documentation
Employers can request that employees provide reasonable documentation to support their need for ESST after the employee uses ESST for more than two consecutive scheduled workdays. Previously, documentation could be requested from the employers after employees used ESST for more than three consecutive scheduled workdays.
Replacement Worker
Employers have always been prohibited from requiring employees to seek or find a replacement worker to cover hours the employee misses while using ESST. However, the Legislature has passed an amendment clarifying that employees may voluntarily seek or trade shifts with a replacement worker to cover hours they miss while using ESST.
Advancing ESST
Employers have always been allowed to advance ESST. Still, the Legislature made an amendment that clarifies that employers may advance ESST to an employee based on the number of hours the employee is expected to work for the remainder of the accrual year. If the advanced amount is less than the amount the employee would have accrued based on the actual hours worked, the employer must provide additional ESST to make up the difference.
Rest and Meal Breaks
Rest Breaks
Employers must provide employees with a rest break of at least 15 minutes, or enough time to use the nearest restroom, whichever is longer, for every four consecutive hours of work. Employers were previously only required to provide employees with adequate time from work within each four consecutive hours of work to utilize the nearest convenient restroom.
Meal Breaks
Employers must allow employees who work for six or more consecutive hours to take a meal break of at least 30 minutes. Employers were previously only required to permit employees working at least eight hours to have sufficient time to eat.
Remedies
Employers also have additional legal remedies available to them. Suppose an employer violates an employee's rest or meal break rights. In that case, the employer is liable to the employee for the rest or meal break time that the employer should have allowed at the employee's regular rate of pay, plus an additional equal amount as liquidated damages. In other words, employers can be held liable for double the amount they owe the employee.
Paid Leave
Maximum Premium Rate
The Legislature amended the annual premium cap to 1.2% of employees' wages (up from the previous 1.1%), though the 2026 premium rate will remain at 0.88%. Furthermore, by July 31 of each subsequent calendar year, the State can adjust the annual premium rates for the following year based on the program's financial performance and actuarial principles. It's important to note that the total yearly premium cannot exceed 1.2% of employees' wages.
While the changes made during the 2025 Minnesota Legislative Session may not be revolutionary, they still have an impact on employers' policies and practices. Employers should review their meal and rest break policies, as well as their ESST policies, to stay compliant.
If you have questions, please contact your North Risk Partners Risk Advisor. Don’t have an advisor? No problem. We’ll help you find one.
This provides general information and does not constitute legal advice. The laws and regulations change frequently, which means the information provided herein may be outdated.