As part of a special legislative session, earlier this month the Minnesota legislature passed several laws that will impact Minnesota employers.

Paid Leave Law

Despite pressure from various business groups to postpone implementation of Minnesota’s Paid Leave Law (MPLL), the legislature rejected such calls and MPLL is slated to take effect on January 1, 2026. The legislature made only minor modifications to the new law this past session (including a minor reduction in the total payroll tax that may be imposed in any given year for the program).  

Because the law applies to essentially all employers, clients with any number of employees should be making preparations soon for the new law, which for the first time provides Minnesota employees with a legal right to paid leave. Among other things, employers should evaluate their current leave-of-absence programs and decide whether to fully participate in the state program, supplement benefits provided under the state program, or opt out in favor of a private insurance plan or self-insurance. Certain notices to employees are also required later this year.  

Unpaid Meal Breaks and Paid Rest Breaks

Beginning on January 1, 2026, employers must allow employees who work six or more consecutive hours to have a 30-minute unpaid meal break. This is a change from existing law, which requires employers to give employees who are working eight or more consecutive hours “sufficient time to eat a meal.”

Also beginning January 1, 2026, after employees work four consecutive hours, employers must allow them to take and be paid for either a 15-minute break or enough time to use the nearest convenient restroom—whichever is longer. This is a change from existing law, which requires employers to provide “adequate time” to use a restroom after four consecutive working hours. With this new law, there is now the potential for longer paid rest breaks if it takes longer than 15 minutes to use the nearest convenient restroom.

Earned Sick and Safe Time

The legislature made four noteworthy changes to Minnesota’s Earned Sick and Safe Time (ESST) program, most of which become effective July 1, 2025.

1. Employers will be able to require employees to give notice of the need for unforeseeable use of ESST “as reasonably required by the employer.” Previously, employers could require employees to give notice “as soon as practicable.”
2. Employers will be able to require employees to produce reasonable documentation on the need for ESST after missing two consecutive workdays, instead of three.
3. The new legislation clarifies that ESST does not prevent employees from voluntarily trading shifts with a replacement worker or otherwise finding cover when the employee takes ESST. But, as was originally enacted, an employer still cannot require that an employee find cover for their ESST hours.
4. Finally, beginning on January 1, 2026, an employer can advance ESST to an employee, based on their anticipated ESST hours for the remainder of the accrual year. If an employee takes more ESST than anticipated, the employer must make up the difference.

Conclusion

Our team stands ready to walk you through these complex laws and the decisions that must be made and actions taken in the coming months. Please contact any member of Best & Flanagan’s Employment and Labor team for additional support.

A special thanks to Karl Morton Badger for his assistance in drafting this alert. Karl is a law student at Mitchell Hamline College of Law and a summer associate at Best & Flanagan.