Rulemaking docket for Minnesota Rules, chapter 5200

Earned sick and safe time, Minnesota Rules, part 5200.1200

The Minnesota Department of Labor and Industry (DLI) intends to adopt a new part of Minnesota Rules, parts 5200.1200 to 5200.1209, governing earned sick and safe time (ESST). The rules are intended to provide guidance to employers and employees regarding the application of the ESST law. ESST is paid leave that employers covered by the law must provide to defined employees that can be used for certain reasons, including when an employee is sick, to care for a sick family member or to seek assistance if an employee or their family member has experienced domestic abuse, sexual assault or stalking.

Published notices and comment periods

The first request for comments was published in the State Register (page 79) on July 22, 2024. The first comment period ran from July 22, 2024, to Sept. 6, 2024. That comment period is now closed.

The second request for comments was published in the State Register (page 1021) on March 3, 2025. The second comment period ran from March 3, 2025, to April 2, 2025. That comment period is now closed.

The Dual Notice: Notice of Intent to Adopt Rules Without a Public Hearing Unless 25 or More Persons Request a Hearing, and Notice of Hearing if 25 or More Requests for Hearing Are Received, was published in the State Register on Oct. 27, 2025 (page 417).

Availability of rule draft(s) and statement of need and reasonableness

• View a draft of the proposed rules.

• View a draft of the statement of need and reasonableness.

Requests for hearing; date and place of hearing

During the comment period following publication of the Dual Notice in the State Register, the department received more than 25 requests for a hearing, and therefore a hearing was held on Jan. 21 and Jan. 22, 2026. The hearing was held virtually via Webex and in person at the Department of Labor and Industry in the Minnesota Room at 443 Lafayette Road N., St. Paul, MN 55155.

Hearing record exhibits

• View the hearing record exhibits.

Responses to hearing comments

• View the department’s responses to comments made at the hearing.

The department previously provided responses to comments made during the pre-hearing comment period that ran from Oct. 27, 2025, to Nov. 26, 2025. Those responses are located in Exhibit K3 in the hearing record exhibits above.  

Administrative law judge reports and orders

Administrative Law Judge Megan McKenzie is assigned. Judge McKenzie has 30 days from the date the hearing record closed to issue a final report on the proposed rules, unless an extension is granted by the chief judge under Minnesota Statutes, section 14.15, subdivision 2. The hearing record closed on Feb. 5, 2026.

Timetable or status of the rule proceeding; agency determinations

Pursuant to section 14.125, DLI must publish a notice of intent to adopt rules or a notice of hearing by Nov. 25, 2025. DLI published the notice on Oct. 27, 2025.

Date the rule was filed with the secretary of state and the effective date of the rule as adopted

To be determined.

Contact person

Contact the person below for additional information about the planned rule, to receive rule notices, to receive rule drafts if available, to provide comments or to view comments or requests for hearing that have been submitted.

Krystle Conley, rulemaking coordinator, Office of General Counsel
Minnesota Department of Labor and Industry
Email:  dli.rules@state.mn.us
Phone:  651-284-5006

Comments and questions may also be submitted by U.S. mail, to the contact person listed above, at:  Department of Labor and Industry, 443 Lafayette Road N., St. Paul, MN  55155.

Comments received after 4:30 p.m. will be considered received on the next state business day the Department of Labor and Industry is open.