Calling In Sick Before A Day Off? Minnesota Employers Can Now Ask For Proof

ST. PAUL, MN — Minnesota workers who repeatedly call in sick right before a weekend, vacation, or holiday can now be asked to show proof under state rules that took effect this summer.

The Minnesota Department of Labor and Industry adopted permanent rules for the state's earned sick and safe time law on June 29, and they took effect July 6.

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The rules spell out how employers and workers should handle the paid leave, which most Minnesota employees have been earning since Jan. 1, 2024.

Under the law, workers earn at least one hour of sick and safe time for every 30 hours worked, up to 48 hours a year. The time can be used when a worker is sick, to care for a sick family member, or to seek help if the worker or a family member has experienced domestic abuse, sexual assault, or stalking.

One of the most notable pieces of the new rules deals with suspected misuse.

The state law generally allows employers to require documentation only when a worker uses sick and safe time for more than two consecutive scheduled workdays. The new rules carve out an exception: employers can ask for documentation sooner when there is a "pattern or clear instance of suspected misuse," according to the department.

The rules list examples that can count as suspected misuse, including when a worker:

• Repeatedly uses sick time on the workday immediately before or after a scheduled day off, vacation or holiday.
• Repeatedly uses less than 30 minutes of sick time at the start or end of a shift.
• Uses sick time on a day the employer had already denied a request for other paid leave.
• Provides documentation, or there is other evidence, that conflicts with the stated reason for the absence.

Misuse, defined as using the time for a reason not allowed under the law, is not protected, and workers can be disciplined for it, according to the department.

There are limits for employers, though. Employers cannot deny a worker's future sick time for a qualifying reason based on past misuse or a suspicion that the worker might misuse it. Any documentation requirement must be clearly communicated, and workers must be given a reasonable amount of time to provide it. Workers who don't provide required documentation lose the law's protections for that absence.

Documentation doesn't always mean a doctor's note. Under state law, the types of reasonable documentation an employer can require vary by the reason for the leave, and can include a written statement from the worker.

Perfect Attendance Bonuses

The rules also address workplace incentives. If a bonus or reward depends on hitting a goal, such as perfect attendance, hours worked or products sold, an employer can deny it to a worker who missed the goal because they used sick and safe time.

However, if an employer still pays the incentive to workers who miss the goal because of other types of leave, it must treat sick and safe time the same way.

Other Changes

The rules also clarify several other issues, according to the department:

• Workers rehired by the same employer within 180 days must have at least 80 hours of their unused sick time restored.
• Employers cannot force workers to use sick and safe time for an absence, but an absence where the worker chooses not to use it is not protected under the law.
• Earned time must be credited no later than the regular payday after the pay period ends.
• Employers do not have to credit sick time in increments smaller than one hour, but leftover hours worked carry into the next pay period.

The rules do not override local sick leave ordinances. Employers must follow whichever standard gives workers the greatest protection or benefit.

The full rules can be read online.