Saint Paul, MN Employment Preemption: Paid Leave Preemption (2026)

181.9445 DEFINITIONS. Subdivision 1. Definitions. For the purposes of section 177.50 and sections 181.9445 to 181.9448, the terms defined in this section have the meanings given them. Subd. 2. Commissioner. "Commissioner" means the commissioner of labor and industry or authorized designee or representative. Subd. 3. Domestic abuse. "Domestic abuse" has the meaning given in section 518B.01. Subd. 4. Earned sick and safe time. "Earned sick and safe time" means leave, including paid time off and other paid leave systems, that is paid at the same base rate as an employee earns from employment that may be used for the same purposes and under the same conditions as provided under section 181.9447, but in no case shall this base rate be less than that provided under section 177.24 or an applicable local minimum wage. Subd. 4a. Base rate. "Base rate" means:

(1) for employees paid on an hourly basis, the same rate received per hour of work;

(2) for employees paid on an hourly basis who receive multiple hourly rates, the rate the employee would have been paid for the period of time in which leave was taken;

(3) for employees paid on a salary basis, the same rate guaranteed to the employee as if the employee had not taken the leave; and

(4) for employees paid solely on a commission, piecework, or any basis other than hourly or salary, a rate no less than the applicable local, state, or federal minimum wage, whichever is greater. [...] Subd. 5. Employee. "Employee" means any person who is employed by an employer, including temporary and part-time employees, who is anticipated by the employer to perform work for at least 80 hours in a year for that employer in Minnesota.