Overview: On May 29, 2018, the Duluth City Council passed an Earned Sick and Safe Time ordinance (Ordinance No. 10571). The Ordinance generally applies to any employer with five or more employees, regardless of whether they work in the city. The number of employees is determined based on the average number of employees per week during the previous calendar year.

Effective Date: January 1, 2020.

Details:

Background: On May 29, 2018, the Duluth City Council passed an Earned Sick and Safe Time ordinance (Ordinance No. 10571). This ordinance amended the Duluth City Code by adding a new Chapter 29E entitled Earned Sick and Safe Time. The ordinance will provide for paid Sick Leave and related leave beginning in the year 2020.

The Ordinance generally applies to any employer with five or more employees, regardless of whether they work in the city. The number of employees is determined based on the average number of employees per week during the previous calendar year.

To be covered by the Ordinance, an employee: Must perform work within the geographic boundaries of the city for more than 50 percent of the employee’s working time in a 12 month period; or be based in the city and spend a substantial part of their time working in the city and does not spend more than 50 percent of their work time in a 12 month period in any other place. Seasonal employees aren’t covered by the Ordinance.

Accrual and Carryover:
Employees are entitled to accrue paid sick leave beginning on their date of hire or January 1, 2020, whichever is later. They are entitled to accrue one hour of paid sick leave for every 50 hours worked, up to 64 hours per year. The leave must accrue in one hour increments. Employers must carryover up to 40 hours accrued, unused paid sick leave to the following year. Employers may satisfy the requirements of the Ordinance by providing at least 40 hours of paid sick leave at the beginning of the year, a practice called frontloading. For new employees, employers may wait until the employee has 90 days of employment to provide the frontloaded leave for the first year. In each subsequent year, the leave must be provided at the beginning of the year.

Use: Employees are entitled to use their accrued leave after 90 calendar days with the employer. Employees may use up to 40 hours of paid sick leave per year for: an absence resulting from the employee's or a family member’s: mental or physical illness, injury, or health condition; need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or need for preventive medical care; and an absence due to domestic abuse, sexual assault or stalking of the employee or employee's family member.

Pay During Leave:
During paid sick leave, the employer must compensate the employee at their standard hourly rate (for hourly employees) or an equivalent rate (for salaried employees). Employees are not entitled to compensation for lost tips or commissions, and compensation is required only for hours that an employee is scheduled to have worked.

Employee Notice and Documentation:
Employers may require employees to comply with the employer's usual and customary notice and procedural requirements for absences or for requesting leave, provided that such requirements do not interfere with the purposes for which the leave is needed. For absences of more than three consecutive days, employers may require reasonable documentation that the absence is covered by the Ordinance.

Employer Notice:
Employers must notify employees of the following: That employees are entitled to paid sick leave and the amount they’re entitled to; the terms of the use of such leave guaranteed under the Ordinance; that retaliation against employees who request or use covered leave is prohibited; and, that each employee has the right to file a written complaint to the city clerk if paid sick leave is denied or the employee is retaliated against for requesting or taking paid sick leave.

Recordkeeping: Employers must retain, for at least three years, accurate records documenting hours worked by employees, number of hours of leave accrued and leave taken by employees.

Relationship to Existing PTO Policies:
Employers can use their existing paid time off policy to satisfy the law, as long as it: allows employees to accrue and carryover leave at least at the same rate and under same conditions as required by the Ordinance; and permits employees to use leave for at least all the purposes and under the same conditions as covered by the Ordinance.

For a copy of the ordinance please click on the link provided below.

http://www.duluthmn.gov/city-clerk/earned-sick-and-safe-time/

Call to Action: Employers with covered employees should review their policies, forms, practices, and supervisor training to ensure compliance with the ordinance. Additional guidance interpreting the new law is still forthcoming.

As always please contact your Service Team if you have any questions.