Revamped Sick and Safe Leave and Break Time Laws for 2026

Starting January 1, 2026, Minnesota will introduce important updates to its earned sick and safe time (ESST) and break time laws. These changes affect all employers, regardless of size, and require adjustments to workplace policies and practices.

Minnesota workplace clock showing break time

Changes to Earned Sick and Safe Time (ESST)

Minnesota’s ESST law allows employees to earn paid leave for illness or safety reasons. The 2026 update introduces two key changes:

• Documentation Requirement

Employers can now require employees to provide documentation supporting their use of ESST if the leave lasts more than two consecutive scheduled workdays. Previously, this threshold was three days. This means if an employee takes sick leave for three or more days in a row, the employer can ask for proof, such as a doctor’s note.

• Advancing ESST Hours

Employers may advance ESST hours based on the employee’s expected hours for the year. If the employee works more hours than anticipated, the employer must provide additional ESST to cover the extra time worked. This change clarifies how employers can manage ESST accrual and ensures employees receive the leave they have earned.

Expanded Break Time Requirements

Minnesota’s break laws apply to almost all classifications of employees, and the 2026 update expands both meal and rest break rules:

• Meal Breaks

Employers must provide a 30-minute meal break to employees working six or more consecutive hours. The current law requires this break only after eight hours of work. This change means employees who work shorter shifts will now qualify for a meal break.

• Restroom Breaks

Employees must be given at least 15 minutes or as long as it takes to use the nearest convenient restroom, whichever is longer. This ensures employees have adequate time for restroom needs without rushing.

Summary Table from MN DOL- old vs new law:

Break type	Time	Frequency	Purpose
Rest break	Previously:  Adequate time	Previously:  Within each four consecutive hours worked	Previously:  To use the restroom
	2026:  At least 15 minutes (may be longer)	2026:  Within each four consecutive hours worked	2026:  To use the restroom and more
Meal break	Previously:  Sufficient time	Previously:  When working eight or more consecutive hours	Previously:  To eat a meal
	2026:  At least 30 minutes	2026: When working six or more consecutive hours	2026:  To eat a meal

Action Steps for Employers

To prepare for these changes, employers should:

• Review DOL Guidance  

The MN DOL has created a quick summary site with associated videos here: https://www.dli.mn.gov/breaks

• Update Policies

Revise earned sick and safe leave, meal break, and rest break policies to reflect the new rules. If using a digital employee handbook platform, accept updates when notified.

• Train Managers

Inform managers about the updated protections so they can apply the rules consistently and answer employee questions.

• Communicate with Employees

Share clear information about the changes and how they affect leave and break entitlements. Note: "If an employee voluntarily waives their breaks, it is a best practice to confirm this in writing with the employee. Employers may consider seeking the assistance of an employment law attorney to determine whether their policies and practices allow employees to take breaks as required by Minnesota law."