The City of Minneapolis recently floated the idea of requiring all employers in the city to provide mandatory paid sick leave. The issue stalled and has since been tabled but it may resurface in 2016, especially in light of other cities and states enacting regulations requiring paid sick leave.
The most recent example is the State of Oregon, which will require employers of 10 or more workers to permit accrual of up to 40 hours of paid sick leave per year at the rate of one hour for every 30 hours worked. Employers with fewer than 10 workers must allow accrual of unpaid sick leave at the same rate. This law becomes effective January 1, 2016.
The law permits employees to use this paid sick leave for any purpose permitted under the state’s family leave law, including parental and bereavement leave.
Of course, President Obama has already signed an executive order requiring federal contractors to provide up to 7 days of paid sick leave to employees stating January 1, 2017, for contracts received on or after January 1, 2016.
On the other hand, a Pennsylvania court has invalidated the new Pittsburgh city ordinance requiring employers in the city to provide one hour of paid sick leave for every 35 hours worked. The court ruled that that the ordinance violated state law prohibiting cities from determining “duties, responsibilities or requirements placed upon businesses, occupations and employers.” An appeal of that decision seems likely.
BOTTOM LINE
It remains to be seen whether Minneapolis revisits the issue on its own or is influenced by momentum from other cities and states on this issue. We will continue to watch for developments.
Felhaber Larson wishes everyone a very healthy and happy new year, and we hope that you enjoy this new look for the Minnesota Employment Law Report.