Minnesota Department of Transportation

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MnDOT Policies

Sick Leave

MnDOT Policy #WF002
Revised: March 5, 2024

View/print signed policy (PDF)

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer: Deputy Commissioner/Chief Administrative Officer
Policy Owner: Director, Office of Human Resources
Policy Contact: Labor Relations Manager, Office of Human Resources

Policy statement

The Minnesota Department of Transportation (MnDOT) fully adopts the enterprise policy, Sick Leave, HR/LR #1337, issued by Minnesota Management and Budget and incorporated herein by reference. MMB ensures that the enterprise policy is accurate, updated, and that relevant interpretations of the law are considered.

Sick Leave Accruals

Pursuant to Minn. Stat. § 181.9446, an employee shall accrue a minimum of one hour of earned sick and safe time (ESST) for every 30 hours worked up to a maximum of 48 hours of sick leave in a year. All MnDOT employees accrue sick leave at a rate greater than or equal to the rate required by law. The ESST law does not provide MnDOT employees with additional sick leave accruals beyond what they are already earning under the applicable collective bargaining agreement, memorandum of understanding, or compensation plan.

Sick Leave Use

An employee may use accrued sick leave as permitted by the applicable collective bargaining agreement (CBA) or compensation plan. Additionally, pursuant to Minn. Stat. § 181.9447, accrued sick leave may be used for the following reasons:

  1. An employee’s own:
    1. Mental or physical illness, injury, or other health condition;
    2. Need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or
    3. Need for preventative medical or health care.
  2. The care of a family member:
    1. With a mental or physical illness, injury, or other health condition;
    2. Who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition; or
    3. Who needs preventative medical or health care.
  3. Domestic abuse, 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 domestic abuse, sexual assault, or stalking;
    2. Obtain services from a victim services organization;
    3. Obtain psychological or other counseling;
    4. Seek relocation or take steps to secure an existing home due to domestic abuse, sexual assault, or stalking; or
    5. Seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking.
  4. Closure of the employee’s assigned work location due to weather or other public emergency and the employee is unable to work or telework, or an employee is needed to care for a family member whose school or place of care has been closed due to weather or other public emergency.
  5. An employee is unable to work or telework because the employee is:
    1. Prohibited from working by the employer due to health concerns related to the potential transmission of a communicable illness related to a public emergency; or
    2. 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 employee has been exposed to a communicable disease or the employee’s employer has requested a test or diagnosis.
  6. When either of the following has been determined by the health authorities having jurisdiction or by a health care professional:
    1. The presence of the employee in the community would jeopardize the health of others because of the exposure of the employee to the communicable disease, whether or not the employee has actually contracted the communicable disease.
    2. The presence of a family member of the employee in the community would jeopardize the health of others because of the exposure of the family member to a communicable disease, whether or not the family member has actually contracted the disease, and the employee is needed to care for the family member.

Retaliation Prohibited

MnDOT shall not retaliate, take adverse action, or discriminate against an employee because the employee exercised or attempted to exercise rights protected under applicable law.

Limitations

The protections and rights provided by Minn. Stat. § 181.9445-181.9448 are limited to 80 hours of sick leave used in a fiscal year for an eligible use, as defined under Minn. Stat. § 181.9447, subd. 1.

For qualifying leave under the Family and Medical Leave Act, see MnDOT Policy #WF004 – Family and Medical Leave Policy.

Reason for policy

The purpose of this policy is to provide guidelines to MnDOT employees regarding the accrual and use of sick leave hours.

Applicability

All MnDOT employees must comply with this policy.

Definitions

Absence due to domestic abuse, sexual assault, or stalking

Absence for the purpose of providing or receiving assistance because of domestic abuse under M.S. 518B.01, sexual assault under M.S. 609.342-609.3453 or M.S. 609.352, or stalking under M.S. 609.749.

Abuse of Sick Leave

The use of sick leave by an employee for a purpose other than those authorized by the applicable collective bargaining agreement, compensation plan, policy, or law.

Family Member

Pursuant to M.S. 181.9445, a family member for purposes of earned sick and safe time includes:

  1. An employee’s:
    1. child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis;
    2. spouse or registered domestic partner;
    3. sibling, stepsibling, or foster sibling;
    4. biological, adoptive, or foster parent, stepparent, or a person who stood in loco parentis when the employee was a minor child;
    5. grandchild, foster grandchild, or stepgrandchild;
    6. grandparent or stepgrandparent;
    7. a child of a sibling of the employee;
    8. a sibling of the parents of the employee; or
    9. a child-in-law or sibling-in-law.
  2. Any of the family members listed in (1) of the employee’s spouse or registered domestic partner.
  3. Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship.
  4. Up to one individual annually designated by the employee.

Additionally, refer to the applicable CBA or compensation plan for qualifying family members.

Public Emergency

Pursuant to M.S. 181.9445, includes a declared emergency as defined in M.S. 12.03 or a declared local emergency under M.S. 12.29.

Sick Leave

Accrued sick leave hours.

Responsibilities

Human Resources (Central Office and Districts)

  • Distribute the notice of earned sick and safe time under law, the enterprise Sick Leave Policy (HR/LR #1337), and related agency policies or procedures to agency staff at commencement of employment.
  • Ensure that notices, policies, or procedures containing any of the following information is provided in English and the primary language of the employee, as identified by the employee:
    • Amount of sick leave the employee will earn
    • The sick leave accrual year
    • Terms of use for sick leave accruals
    • The procedure the employee must follow to request use of sick leave

Supervisors

  • Complete Supervisory CORE training during probationary period, including a Managing Leaves training course.
  • Regularly review employee attendance records for evidence of abuse of accrued sick leave and, if suspected, notify Human Resources.

Policy Owner (Director, Office of Human Resources)

  • Review this policy every two years, or whenever MMB makes changes to the enterprise policy, to ensure the policy remains up to date.
  • Ensure documents and training associated with the policy remain current.
  • Monitor state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
  • Consult with the Office of Chief Counsel to ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements.
  • Ensure that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
  • Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
  • Communicate policy revisions, reviews, and retirements to stakeholders.

Resources and related information

Resources

History and updates

Adopted

August 8, 2012

Superseded

  • Policy 3.90.1, Administration No. 90-1, Sick Leave, Statewide Policy
    • Effective June 7, 1990

Revised

  • First Revision: June 16, 2015
  • Second Revision: September 11, 2021 (also renumbered as #WF002 from #HR002)
    • Reviewed: October 3, 2023 - Added three policy owner responsibilities to match revised policy template. Changed references to MMB's policy from "statewide" to "enterprise."
  • Third Revision: March 5, 2024

Policy Review

This policy's next scheduled review is due March 2026.