HF758

Purpose

Clarify and narrow who counts as an “employee” for Minnesota’s earned sick and safe time program. The bill focuses on which workers are eligible for sick time benefits by tightening the definition of an employee.

Main Provisions

• The bill preserves the basic idea that a person who is employed by an employer and is anticipated to perform at least 80 hours of work in a year in Minnesota is considered an employee for earned sick and safe time purposes.
• It explicitly states several categories that do not count as employees for this purpose.

Categories Excluded from Being Considered Employees

• Independent contractors.
• Individuals who are volunteer firefighters or paid on-call firefighters with a fire department.
• Individuals who are volunteer ambulance attendants or ambulance service personnel serving in a paid on-call position (as defined in related Minnesota statutes).
• Individuals appointed to serve on a board or commission of a governmental subdivision or an instrumentality thereof.
• Individuals who are elected officials or who are appointed to fill a vacancy in an elected office as part of a legislative or governing body of Minnesota or a political subdivision.
• Individuals employed by a farmer, family farm, or family farm corporation to provide physical labor or management of a farm if they perform work for 28 days or less each year.

Significant Changes to Law

• The definition of “employee” for earned sick and safe time is narrowed to exclude the listed categories, even if they would otherwise meet the 80-hour threshold.
• The exclusions include certain public service roles (elected officials and board/commission members), on-call public safety roles (volunteer and paid on-call firefighters and related ambulance personnel), and small-farm labor limited to 28 days or less per year.

Potential Implications

• Workers in the excluded categories would not be eligible for earned sick or safe time benefits under this statute amendment.
• Employers in Minnesota would have clearer guidelines on which workers qualify for earned sick and safe time.

Relevant terms earned sick and safe time, employee, Minnesota Statutes 2024 section 181.9445 subdivision 5, 80 hours, independent contractor, volunteer firefighter, paid on-call firefighter, volunteer ambulance attendant, ambulance service personnel, board or commission, governmental subdivision, instrumentality, elected official, vacancy, farmer, family farm, family farm corporation, 28 days per year.