On July 19, 2021, Duluth Mayor Emily Larson signed File No. 21-23-0, which expands the reasons that leave may be used under Duluth’s Earned Sick and Safe Time (ESST) ordinance and expands on the notice requirement. The amendment to the ESST are effective Aug. 19, 2021.
Background:
Since Jan. 1, 2020, Employers with five or more employees are required to provide Duluth employees with up to 40 hours of ESST each year. Under the pre-existing ordinance, ESST could be used for an employee’s own or family member’s mental or physical illness/injury, preventive care, domestic abuse or sexual assault. The ordinance also has a notice requirement.
Amendment:
Ordinance No. 21-23-0 amends the ESST as follows:
Expanded use of leave:
Employees may use leave when they lose work hours because their place of employment closes for public health reasons, which can include COVID-19.
Handbook and distribution requirement:
Under existing law, employers can satisfy the notice requirement by displaying in a conspicuous place a notice informing employees of their (1) entitlement to ESST, (2) the amount of the ESST, (3) terms of its use, (4) prohibition of retaliation, and (5) employees’ rights to file a written complaint under the ordinance.
The amended ordinance maintains the posting requirement and additionally requires employers to provide every new employee an individual copy of the employer’s ESST policy (or equivalent paid time off or PTO policy). Further, employers that maintain an employee handbook must include a copy of the company’s ESST policy in their handbook or, if the employer uses a substantially equivalent paid time off policy, a copy of that policy in the handbook.
Compliance recommendations:
Duluth employers should update their paid sick leave policies to ensure compliance with the amendment to ESST.
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