Comprehensive Guide to Duluth's Earned and Safe Time Law (ESSL)

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This guide covers the key aspects of Duluth's Earned and Safe Time Law (ESSL), including employee coverage, employer requirements, earning and using ESSL, rates, and minimum annual earnings. Understand who is covered, when employees start earning and using ESSL, how much is earned based on work hours, and the annual minimum requirements.

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ESSL ESSL Options Options No Ordinance Voluntary Compliance Basic Policy Full Policy Includes an education piece; perhaps includes a minimum standard to contract with the city or some offer of full disclosure of policy. Ordinance requires employers to provide some minimum amount of ESSL leave. Ordinance requires mandates for ESSL coverage.

Which employees are covered? Which employees are covered? All Employees Some Combination of: Full time Part Time Seasonal Temporary Interns Domestic Workers Casual Employees OR Those covered by Collective Bargaining Agreements Student Workers

Which Employers are Covered? Which Employers are Covered? All employers including non-profits with a physical location in the City Limits of Duluth All Factors by Which Employers may be Excluded Employers Government Employees Size: Revenue Model: # of Employees OR Fewer than 10 Fewer than 50 More than 50 Based on formula of profitability per employee

When does an Employee begin to Earn When does an Employee begin to Earn ESSL ESSL? ? Date of Hire 30 days after employment 173 hours worked after date of hire (1 month) 6 months after date of hire 1 year after date of hire

When may an employee begin to use When may an employee begin to use ESSL ESSL? ? Immediately upon Earning 30 days after beginning to earn 90 days after beginning to earn 180 days from beginning to earn

How much earned at what rate? How much earned at what rate? Tiered System where size of business would determine how much earned at what rate 1 hour for 30 hours worked 1 hour for 40 hours worked 1 hour for 80 hours worked

ESSL? ? Would there be an Annual Minimum Earning of Would there be an Annual Minimum Earning of ESSL 80 Hours for Full Time (pro-rated part time) 24 hours 48 hours No cap

Would Employees Rollover Would Employees Rollover ESSL ESSL Hours Into New Year? Hours Into New Year? Roll Over Could Increase with Longevity 80 Hour Roll Over 24 hour Roll Over 40 Hour Roll Over No Rollover

If Hours Roll Over, Would there be a Cap on Annual Usage? If Hours Roll Over, Would there be a Cap on Annual Usage? Usage Cap is Annual Accrual Cap at % of Carry Over Amount Usage Cap is Same as Annual Accrual Cap No Cap

Enforcement Enforcement Educational and Incentive-based Annual Reporting with Audit Complaint Based

Enforcement Entity Enforcement Entity Administrative Unit within City Government City Contracts for Services A Commission City Attorney s Civil Division

Timeline: From when ordinance is passed to effective date Timeline: From when ordinance is passed to effective date Grace Period for 1st day of Next Calendar year after Ordinance Passed Tiered Grace Period depending on Size of Business Grace Period of 6 Months Grace Period of 12 Months

Definitions Definitions Definitions from Women s Economic Security Act Household Members (live in home, e.g. roommate) Grand parents and Grandchildren In-Laws Chosen Family Children: Step Foster Self Spouse/ Partner Siblings In Loco Parentis

Public Health Concerns Public Health Concerns Can ESSL Be Used to Take Time off to attend to a public health related closure: Schools, Daycare, Adult Foster Care etc. Facilities? (for example water main breaks, outbreak of measles etc)