Yesterday, the City of Bloomington joined the ranks of Minneapolis, St. Paul, and Duluth by mandating paid “Sick and Safe Leave” (or SSL) beginning on July 1, 2023. Specifically, in a meeting last night, the Bloomington City Council passed an SSL Ordinance mandating that covered employers provide workers who are working in the City with at least 1 hour of SSL for every 30 hours worked, up to 48 hours per year. The SSL ordinance is effective July 1, 2023, and a draft is available here.
The Basics – Accrual and Use
The Bloomington SSL Ordinance mostly follows the Minneapolis and St. Paul ordinances, and requires employees to accrue at least 1 hour of SSL for every 30 hours worked in the City. Employees must be permitted to accrue at least 48 hours of SSL each year and must be allowed to carry-over at least 80 hours of unused SSL from one leave year to the next. A last minute amendment to the SSL Ordinance provided that employers with fewer than 5 employees must provide employees with SSL, but the time may be unpaid.
The Bloomington SSL Ordinance also tracks other sick leave ordinances and allows employees to use accrued and unused SSL for a host of reasons relating to the employee’s medical condition and the medical condition of the employee’s “family member.” It also allows usage for certain closures, including the closure of a family member’s “school or place of care.”
Potential Exemption for Current Leave Policies
Like the ordinances in Minneapolis, St. Paul, and Duluth, the Bloomington SSL Ordinance provides an exception for existing policies, provided that they meet the accrual and use requirements set forth in the ordinance. Thus, Bloomington employers with generous leave policies may still need to update their policies before July 2023.
Bottom Line
While the final ordinance (including two last-minute amendments) still needs to be drafted, employers with workers in the City of Bloomington needs to prepare for paid sick leave in 2023. Remember, too, that nothing prevents other cities in Minnesota from adopting similar ordinances.
We will continue to monitor this issue.