Minnesota Paid Sick Leave Laws: Your Entitlements

Federal law does not mandate paid sick leave. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., does not require employers to provide paid or unpaid sick leave. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., requires covered employers (those with 50+ employees) to provide unpaid, job-protected leave for qualifying reasons, but it does not require compensation during that leave.

Some federal employees are entitled to paid sick leave under the federal civil service rules, but private-sector workers have no federal paid sick leave mandate. The EEOC enforces anti-discrimination laws but does not enforce paid leave mandates. States and localities may impose stricter requirements than federal law, and Minnesota has chosen to do so. Employers in Minnesota must comply with both federal baseline protections (if applicable) and the stronger state-level paid sick leave requirements.

Minnesota Statutes section 181.939 requires employers with 5 or more employees to provide paid sick leave, making Minnesota law significantly stronger than federal law in this area. The state law applies to all private-sector employers meeting the 5-employee threshold, regardless of industry. This covers far more workers than federal FMLA, which applies only to employers with 50+ employees and only for qualifying medical reasons.

Under Minnesota law, employees accrue paid sick leave at a rate of at least 1 hour per 30 hours worked, or employers may choose to frontload a minimum of 40 hours at the beginning of each year. Accrued paid sick leave must carry over to the next year, though employers may cap carryover at 80 hours. After an employee reaches the 80-hour cap, employers may pay out the accrued balance or reset it, but they must allow continued accrual.

Minnesota's scope of use is broader than FMLA in some respects. Paid sick leave covers the employee's own mental or physical illness, preventive care (including vaccines and screenings), care for a family member with illness or preventive care needs, and absences due to domestic abuse, sexual assault, or stalking. The law specifically protects employees using leave for these purposes from retaliation.

Employees are entitled to use accrued paid sick leave in minimum increments (employers may set reasonable increments, such as hourly or daily). Unlike some states, Minnesota does not require a specific waiting period before accrual begins—accrual starts on the first day of employment. The law applies uniformly across the state and supersedes any local ordinance that provides less protection.

Minnesota's paid sick leave law contains several important exceptions and limitations. Employers with fewer than 5 employees are fully exempt from the paid sick leave requirement under state law, though they may be subject to local ordinances in cities like Minneapolis or St. Paul that have their own paid sick leave mandates with lower thresholds.

Employees covered by a collective bargaining agreement (union contract) are exempt from the state minimum if the agreement provides paid sick leave at least equal to the state requirement or if the parties have explicitly bargained for an alternative arrangement. The union contract terms control if they are more generous or equivalent.

Independent contractors and volunteers are not covered—the law applies only to employees. Exempt employees (salaried executives, professionals, and administrative staff under the Fair Labor Standards Act) are covered, but the accrual calculation may differ for salaried employees who work fixed hours.

Part-time employees accrue based on actual hours worked, so those working very few hours may take longer to accumulate leave. There is no exception for seasonal or temporary employees—accrual applies the moment employment begins, even if employment is temporary.

Employers may require reasonable notice of paid sick leave use (e.g., as far in advance as practicable for foreseeable absences), but employers cannot require advance notice for emergency absences due to acute illness or domestic abuse. An employer may verify use through medical certification for absences exceeding 3 consecutive days, but cannot require certification for shorter absences or for domestic abuse, sexual assault, or stalking uses.

At-will employment principles still apply—employers can terminate employees for reasons unrelated to paid sick leave use, but retaliation for using accrued paid sick leave is explicitly prohibited.

Step 1: Document Everything. Keep detailed records of all absences you take and whether they were approved as paid sick leave. Write down the date, length of absence, and reason (illness, preventive care, family care, or domestic abuse-related). Save any emails, text messages, or written confirmations from your employer about leave approval or denial. If your employer denies your paid sick leave request, document the employer's stated reason in writing. Take a screenshot or photo of your pay stub showing how sick leave hours were recorded (or not recorded).

Step 2: Attempt Internal Resolution. Review your employee handbook or ask HR in writing what the company's paid sick leave policy is. Compare it to Minnesota's minimum: at least 40 hours per year through accrual (1 hour per 30 worked) or frontloading. If your employer is not providing the minimum, send a written request to HR or your manager asking for clarification of the policy and an accounting of your accrued balance. Request a written response within 10 business days. If the response confirms a violation (e.g., "We don't provide paid sick leave" or you calculate that you've accrued more hours than you've been credited), keep that email as evidence.

Step 3: File a Complaint with the Minnesota Department of Labor and Industry (DOLI). Visit the DOLI website at https://www.dli.mn.gov/ and navigate to the Wage and Hour Enforcement section. You may file a complaint online, by phone at 651-284-5005, or by mail to the Department of Labor and Industry, Wage and Hour Enforcement, 443 Lafayette Road North, St. Paul, MN 55155. Include your name, employer name and address, dates of employment, description of how the employer violated the paid sick leave law (e.g., "refused to provide paid sick leave," "did not accrue hours correctly"), and copies of your documentation (pay stubs, emails, your own records of hours worked and absences).

Step 4: Understand the Investigation Process. After you file, DOLI will contact your employer and request information about your employment and leave records. The agency typically investigates within 30–60 days, though complex cases may take longer. You may be asked to provide additional evidence or clarify details. DOLI investigators will review your employer's records, timesheets, and payroll to verify whether accrual was calculated correctly and whether you were paid for all accrued leave. The employer must provide records; if they do not, DOLI may draw inferences in your favor. DOLI may issue a citation requiring the employer to pay back wages (accrued paid sick leave hours owed, calculated at your regular rate of pay) and may impose penalties on the employer.

Step 5: Consult an Employment Attorney if Needed. If your case is complex (e.g., your employer retaliates after you file a complaint, or the back pay calculation is substantial), consider hiring an employment lawyer. Contact the Minnesota State Bar Association Lawyer Referral Service at 612-333-1183 or visit https://www.mnbar.org/ to find attorneys specializing in wage and hour disputes. Many employment lawyers work on contingency (no upfront fee) for violations of paid sick leave law. An attorney can help file a private lawsuit under Minnesota Statutes section 181.939 if DOLI does not resolve the issue to your satisfaction, or if retaliation occurs.