Bereavement Leave Minnesota: ESST Rules and Employee Rights

Minnesota's Earned Sick and Safe Time Program

Minnesota has no standalone bereavement-leave mandate, but employees covered by Earned Sick and Safe Time (ESST) may use accrued paid time to make funeral arrangements, attend a funeral or memorial, or address financial or legal matters that arise after a family member's death. ESST has been in effect since January 1, 2024.

Employers must provide at least one hour of ESST for every 30 hours worked, up to at least 48 accrued hours a year. An employee is generally covered if the employer anticipates they will work at least 80 hours in Minnesota during the year; independent contractors are excluded. An existing PTO policy may satisfy the requirement if it provides at least the required benefits.

Who Counts as a Family Member

The definition includes a spouse or registered domestic partner; children; siblings; parents; grandparents and grandchildren; nieces and nephews; child-in-law and sibling-in-law; and the listed family members of an employee's spouse or registered domestic partner. It also includes a person related by blood or with a close family-like association, plus one individual the employee designates each year. Check the Minnesota Department of Labor and Industry's current family-member list if the relationship is not clear.

How to Request ESST

Step 1: Notify your employer under its written ESST notice policy. For an unexpected death, give notice as soon as practicable.

Step 2: Tell your employer you are using accrued ESST for funeral arrangements, a service or memorial, or related financial or legal matters.

Step 3: If you miss more than two consecutive scheduled workdays, the employer may ask for reasonable documentation. If you cannot obtain it within a reasonable time or without added expense, in most cases you may provide a written statement that the leave is for a qualifying ESST purpose.

Using ESST Strategically

ESST covers the accrued hours available under your employer's compliant policy; it does not provide a 12-week bereavement leave. Check your balance and employer policy before planning time away. A separate serious health condition may qualify for medical leave if you meet that program's criteria.

The Returning to Work After Bereavement toolkit includes an estate deadline tracker that maps settlement tasks against work obligations.