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In compliance with legal requirements established by the city of Saint Paul, Concordia University provides Earned Sick and Safe Time (ESST) to employees who work at least 80 hours per year and do not already receive Paid Leave Time that meets or exceeds the requirements established in the ESST Ordinance. Employees who are not required to track time away from work due to flexible scheduling agreements are not eligible for ESST.

An employee may use ESST for any purpose allowed by the Ordinance which includes:

  • An absence for preventative medical or health care, medical diagnosis care, or treatment of a mental or physical illness, injury, or health condition
  • To accommodate the employee’s need to care for a family member whose school or place of care has been closed by order of a public official to limit exposure to an infectious agent, biological toxin or hazardous material or other public health emergency; or for the employee;
  • To provide care for an employee’s family member with a mental or physical illness, injury, or health condition, or who needs preventative medical or health care, or medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;
  • An absence due to domestic violence, sexual assault, or stalking of the employee or employee’s family member, provided the absence is to: (1) seek medical attention related to physical or psychological injury or disability caused by such domestic abuse, sexual assault, or stalking; (2) obtain services from a victim services organization; (3) obtain psychological or other counseling; (4) seek relocation due to domestic abuse, sexual assault, or stalking; or (5) take legal action related to or resulting from domestic abuse, sexual assault, or stalking;
  • The closure of the employee’s place of business by order of a public official to limit exposure to an infectious agent, biological toxin or hazardous material or other public health emergency; or
  • To accommodate the employee’s need to care for a family member whose school or place of a care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected closure.

For purposes of this policy, the term “family member” means the employee’s child, step-child, adopted child, foster child, adult child, spouse, sibling, parent, step-parent, mother-in-law, father-in-law, grandchild, grandparent, or registered domestic partners as defined by Saint Paul Code of Ordinances section 186.02 and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Accrual

Earned sick and safe time begins to accrue at the start of employment and may be used after 90 days of employment (the pay period after it becomes available on your pay statement).  ESST will be compensated at the same wage rate as the employee normally earns during regular working hours and will be based on the employee’s hourly wage.  Employees must use available ESST before they are eligible to take any unpaid leave.  Employees are allowed to use only accrued ESST hours and cannot have a negative balance in their ESST accrual bank.

Employee Notification Obligations

Employees who are unable to report to work due to illness, injury, or a critical safety issue must provide seven (7) days’ advance notice of the intention to use ESSE.  If the need is unforeseeable, the employee must notify their direct supervisor before the scheduled start of their workday, or as soon thereafter as practicable. When possible, the request must shall include the expected duration of the absence. The direct supervisor must also be contacted on each additional day of absence. ESST in excess of three consecutive days requires reasonable documentation that the time is being used for a reason consistent with definitions of sick and/or safe time.

  • Reasonable documentation for sick time includes documentation from a healthcare provider that indicates the employee sought and received medical treatment for his/her own care or that of a family member.
  • Reasonable documentation for paid safe time must communicate that the employee or the employee’s family member is experiencing domestic violence, sexual assault, or stalking and that the leave is taken for a purpose consistent with the ESST ordinance.

Unscheduled absences are defined as time away from work that is reported after the start of a shift or with insufficient time to cover the duties and responsibilities of the absent employee.  Unscheduled absences will be monitored and an employee will be counseled when the frequency of unscheduled absences adversely affects the operations of the department. The supervisor may request the employee to provide a statement from his or her health care provider at any time concerning the justification for an unscheduled absence.

ESST Rates and Usage:

  • Employees accrue 1 hour of ESST per 30 hours worked in St. Paul
  • Employees can accrue up to 48 hours per year and can save unused time
  • Employees can roll up to 80 hours of unused ESST hours per fiscal year
  • Time spent travelling to work before the employee’s shift has started and travelling home after the employee’s shift has ended are not calculated in the accrual of ESST

Separation from Employment

Except as provided below, any ESST that is not used prior to the last day of employment is lost at the time of termination, resignation, retirement, or other separation from employment.  Employees will not be paid for any accrued and unused ESST as of an employee’s separation date, whether such separation is at the initiative of CSP or the employee.

If an employee’s employment with CSP ends after the first 90 days of employment but the employee is rehired within 90 days of the previous separation, then any accrued and unused ESST hours as of the employee’s prior separation date will be reinstated and may be used in accordance with this policy and the employee otherwise will begin accruing ESST under this policy from the date of rehire.  If an employee is rehired by CSP more than 90 days after his or her separation, then he or she will be treated as a new employee for purposes of this policy and will be provided with ESST as provided by this policy.

No Retaliation or Discrimination

It is unlawful for an employer to restrain, or deny the exercise of, or the attempt to exercise, any right protected under the Ordinance.  In addition, an employer may not take adverse employment action or discriminate against an employee because the employee has exercised his or her rights under the Ordinance.

 

Last modified: February 5, 2019