Minnesota earned sick and safe time: what restaurant owners must do

Most Minnesota employers, including restaurants, must provide earned sick and safe time to their employees. For an owner with part-time servers, student workers and a rotating cast of cooks, this law means tracking hours and balances for people who might work 12 hours one week and 35 the next. This guide explains the core rule, who is covered, how to keep records and how to handle the awkward moments, such as a call-in on a Saturday night. It is general information, not legal advice. The Minnesota Department of Labor and Industry, which enforces the law, publishes the rules and answers to common questions.

How much time do employees earn?

An employee earns earned sick and safe time in proportion to the hours worked, up to a yearly limit, unless the employer agrees to a higher limit. The Department of Labor and Industry publishes the accrual rate and the limit. The time accrues as hours are worked, so a part-time employee earns time in proportion to their schedule. Many employers use a front-loading approach, giving the full amount at the start of the year, which saves tracking, but the rules for that approach are specific, so check them before you choose it.

Who is covered?

The law covers employees who are expected to work a minimum number of hours in a year for a Minnesota employer and who are not independent contractors, and the Department publishes the threshold. Part-time and temporary workers can qualify. Seasonal staff who meet the threshold are covered. Because restaurants often have staff who work irregular hours, check each person against the threshold, and ask the Department when you are unsure. Student workers who return each summer, holiday helpers and event staff are the groups owners most often misjudge. When in doubt, treat the person as covered and track their hours.

What can the time be used for?

The law allows time for an employee's own illness, injury or health care, to care for a family member, and for reasons related to domestic abuse, sexual assault or stalking, as well as certain closures. The Department's FAQ lists the full set of reasons. Because the list is specific, train managers to understand it so they do not turn down a valid request.

How does carryover work?

Unused time carries over into the following year, but the balance is generally capped unless the employer agrees to more, and the Department publishes the cap. An employer that frontloads the full amount each year has different carryover rules. Record balances in your payroll system, and give employees a statement of their balance on request.

How do you handle call-ins on a busy night?

A restaurant's hardest moment is a Saturday-night call-in. The law limits what an employer can require. An employer may ask for reasonable notice when the need is foreseeable, but cannot demand that an employee find their own replacement as a condition of using the time. Check the Department's guidance on what notice and documentation you can request, and write a short policy that managers can follow without improvising.

What records and notices do you need?

Keep records of hours worked and of earned sick and safe time accrued, used and available. Provide employees with a notice of their rights, and state the amount available on pay statements or in another way the law allows. Give new hires the notice on their first day with their schedule, and post a copy where staff can read it. Keep a signed acknowledgement in the file. The Department publishes a model notice. Retain records for the period the Department requires.

Can employees be punished for using the time?

No. The law prohibits retaliation against employees who use earned sick and safe time or exercise their rights. Do not count approved time against an attendance policy, and do not change schedules or hours to punish someone. Train your managers in this point in particular, because an offhand remark can become evidence.

How should you budget for it?

Treat earned sick and safe time as part of the cost of an hour of labor. Cover absences from within your team where you can, with cross-trained staff, instead of relying on overtime. A small buffer in the schedule for busy weekends helps. Track how much time is used so you can plan. Many owners find that use is lower than they feared, and that the law reduces the number of sick employees who work through illness, which protects guests and the rest of the team. Review the numbers each quarter and talk to your managers about how it is going.

Are you paying for hours you cannot fill with guests?

Every benefit raises the cost of an hour on the clock, and the answer is more guests in the hours you already pay for. Mosey is a food-first app where diners search by dish and mood, rate what they ate and keep lists of places they want to try, and where independent restaurants and cafes get tools for their own page, menu and regular guests. If you want more of your paid hours to be busy hours, being found by the dish is what Mosey is built around.

More guides for your business:

• How to keep your Minnesota restaurant busy through winter
• Minnesota junk fee law: what it means for restaurant service charges
• Minnesota minimum wage and no tip credit for restaurants (2026)

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