§ 23.07 USE OF ACCRUED SICK AND SAFE TIME.
   (a)    are entitled to use accrued as it is accrued.
   (b)   An may use accrued s for:
      (1)   An :
         (i)   Mental or physical illness, injury, or other health condition;
         (ii)   Need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or
         (iii)   Need for preventive medical or health care;
      (2)   Care of a :
         (i)   With a mental or physical illness, injury, or other health condition;
         (ii)   Who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition; or
         (iii)   Who needs preventive medical or health care;
      (3)   Absence due to , , or of the or   , provided the absence is to:
         (i)   Seek medical attention related to physical or psychological injury or disability caused by , , or ;
         (ii)   Obtain services from a victim services organization;
         (iii)   Obtain psychological or other counseling;
         (iv)   Seek relocation or take steps to secure an existing home due to , , or ; or
         (v)   Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from , , or ;
      (4)   Closure of the place of business due to weather or other public emergency or an need to care for a whose school or place of care has been closed due to weather or other public emergency;
      (5)   The inability to work or telework because the is: (i) prohibited from working by the due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or (ii) seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such has been exposed to a communicable disease or the   has requested a test or diagnosis; and
      (6)   When it has been determined by the health authorities having jurisdiction or by a health care professional that the presence of the or of the in the community would jeopardize the health of others because of the exposure of the or of the to a communicable disease, whether or not the or has actually contracted the communicable disease.
   (c)   If the need for use is foreseeable, an may require advance notice of the intention to use , but in no case shall an require more than seven days' advance notice. If the need is not foreseeable, an may require an to give notice of the need for as soon as practicable.
   (d)   When an uses earned for more than three consecutive days, an may require reasonable documentation that the earned is pursuant to § 23.07(b).
   (e)   For earned pursuant to § 23.07(b) (1), (2), (5), or (6), reasonable documentation may include a signed statement by a health care professional indicating the need for use of earned . However, if the or employee's did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation for the purposes of this paragraph may include a written statement from the indicating that the is using or used earned for a qualifying purpose pursuant to § 23.07(b) (1), (2), (5), or (6).
   (f)   For earned pursuant to § 23.07(b)(3), an must accept a court record or documentation signed by a volunteer or of a victim services organization, an attorney, a police officer, or an antiviolence counselor as reasonable documentation.
   (g)   For earned to care for a pursuant to § 23.07(b)(4), an must accept as reasonable documentation a written statement from the indicating that the is using or used earned for a qualifying purpose as reasonable documentation.
   (h)   An must not require disclosure of details relating to , , or or the details of an employee's or an employee's family member's medical condition as related to an employee's request to use earned pursuant to § 23.07.
   (i)   Written statements by an may be written in the employee's first language and need not be notarized or in any particular format.
   (j)   An may not require, as a condition of an employee's use of , that the seek or find a replacement worker to cover the hours during which the uses .
   (k)   An must allow an to use in increments consistent with current payroll practices as defined by industry standards or existing policies, provided such increment is not more than four hours.
   (l)   An must compensate the at the for the hours the was scheduled to work during the time the uses their accrued . In no case shall the be compensated at a rate less than the rate requirement in M.S. § 177.24. Compensation is only required for hours that an is scheduled to have worked.
   (m)   A may only use when the has been scheduled to work. A has not been scheduled to work for shifts for which the chooses to call in and request a shift occurring within 24 hours, or for shifts for which the has only been asked to remain available or on call, unless the has been asked to remain on the employer's premises.
   (n)   An may opt to satisfy the requirements of this article for construction industry employees by:
      (1)   Paying at least the as defined by M.S. § 177.42 and as calculated by the Minnesota Department of Labor and Industry; or
      (2)   Paying at least the required rate established in a registered apprenticeship agreement for apprentices registered with the Minnesota Department of Labor and Industry.
   An electing this option shall be deemed in compliance with this article for construction industry employees who receive either at least the or the rate required in the applicable apprenticeship agreement regardless of whether the employees are working on private or public projects.
   (o)   An is only required to allow an to use that is accrued pursuant to this article when the is scheduled to perform work within the geographic boundaries of the . An may allow use of accrued when an is scheduled to perform work for the outside of the .
(Ord. 2022-31, passed 6-6-2022; Ord. 2023-24, passed 9-25-2023)