HR resources for new leave laws
October 26, 2023 | Anne Janotta Erickson
Critical compliance changes are in store for employers thanks to new and revised leave laws at both the state and federal level.
HR expert Larry Morgan recently led a webinar to bring CPAs up to speed on how and when organizations must comply. Specifically, he covered:
- Minnesota Parental Leave.
- Providing Urgent Maternal Protections for Nursing Mothers (PUMP Act).
- Pregnant Worker Fairness Act.
- Minnesota Paid Employee Sick and Safe Time (ESSL).
- Paid Family and Medical Leave Laws (potential changes in 2026).
The questions rolled in throughout the webinar. Here are some highlights:
How does the Employee Sick and Safe Leave (ESSL) apply to seasonal employees who exceed 80 hours every season or only some seasons?
The ESSL will apply to any employee (temporary, seasonal etc.) who works more than 80 hours in Minnesota. Accrual begins on day one.
If the employer PTO plan is more generous than the ESSL requirements and the PTO can be used for all listed circumstances under ESSL, are there separate tracking requirements to separate ESSL and non-ESSL usage?
No, the employer would not be required to separately track those hours.
Do we need to change our policies if we have an unlimited PTO policy?
Possibly for full compliance. For example, when does the unlimited PTO begin? If immediately upon employment and allows time off for the reasons stated and for covers all of the individuals stated (grandparents, registered domestic partners, etc.) then it’s probably OK, but the paystub recording is not clear.
Are union employees included in these laws?
Yes, with the exception of building and trades where the exclusion in identified in the contract (collective bargaining agreement).
Are these hours that an employee can carryover required to be paid out if an employee leaves the company's employment?
There is no requirement to pay out accrued and unused hours in Minnesota. Generally, up to 80 hours carryover is required if not used unless one of the forward pay options is used, which does not allow carryover.
Will the workplace posters be sent to businesses automatically or will we have to request them?
You will have to request them from the Minnesota State Department of Labor and Industry and Federal Department of Labor or from a private compliance poster state.
Additional member resources on this topic:
Archived webinar:
How Will Minnesota Leave Laws Affect Your Organization?
Length: 56:24
Sample template:
Employee handbook language changes for 2023
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Topics: Human Resources, Government
Anne Janotta Erickson
Anne Janotta Erickson has been a part of the MNCPA membership team since 2008. When she’s not making corporate CPAs feel like rockstars or rescuing members from CPA certificate mishaps, you can find her at home embarrassing her kids with questionable karaoke choices, usually of the Elvis variety. If you get the chance, ask her about plant propagating, campfire building or dining out in Minneapolis where she and her family reside.
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