Comprehensive Guide to Duluth's Earned and Safe Time Law (ESSL)
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No Ordinance
Voluntary
Compliance
Includes an education
piece; perhaps
includes a minimum
standard to contract
with the city or some
offer of full disclosure
of policy.
Basic Policy
Ordinance requires
employers to provide
some minimum
amount of ESSL leave
.
Full Policy
Ordinance requires
mandates for ESSL
coverage.
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All Employees
OR
Some Combination of:
Full time
Part Time
Seasonal
Temporary
Interns
Domestic Workers
Casual Employees
Those covered by Collective Bargaining Agreements
Student Workers
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All
Employers
All employers including non-profits with a physical location in the City Limits of Duluth
OR
Factors by Which Employers may be Excluded
Size:
# of Employees
•
Fewer than 10
•
Fewer than 50
•
More than 50
Revenue
Model:
Based on
formula of
profitability per
employee
Government
Employees
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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
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?
Immediately
upon
Earning
30 days after
beginning to
earn
90 days after
beginning to
earn
180 days from
beginning to
earn
H
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w
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?
1 hour for 30
hours worked
1 hour for 40
hours worked
1 hour for 80
hours worked
Tiered System
where size of
business would
determine how
much earned at
what rate
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No cap
24 hours
48 hours
80 Hours for Full
Time (pro-rated
part time)
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No Rollover
24 hour
Roll Over
40 Hour
Roll Over
Roll Over
Could
Increase
with
Longevity
80 Hour
Roll Over
I
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R
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O
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U
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No Cap
Usage Cap is Same
as Annual Accrual
Cap
Usage Cap is Annual
Accrual Cap at % of
Carry Over Amount
E
n
f
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Complaint Based
Educational and
Incentive-based
Annual Reporting
with Audit
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E
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A Commission
City Attorney’s
Civil Division
Administrative
Unit within City
Government
City Contracts
for Services
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:
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Grace Period of
6 Months
Grace Period of 12
Months
Grace Period for
1
st
day of Next
Calendar year
after Ordinance
Passed
Tiered Grace
Period depending
on Size of Business
D
e
f
i
n
i
t
i
o
n
s
Self
Spouse/
Partner
Children:
Step
Foster
Grand parents
and
Grandchildren
Siblings
In-Laws
Household
Members
(live in
home, e.g.
roommate
)
Chosen
Family
In Loco
Parentis
Definitions
from
Women’s
Economic
Security
Act
P
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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)
O
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e
r
Q
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Can ESST be used for
Bereavement?
Can ESST be used for bonding
time with a new child?
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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Presentation Transcript
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)
Other Questions Other Questions Can ESST be used for Bereavement? Can ESST be used for bonding time with a new child?
