b'Sick and Safe LeaveEstate Planning for Policies on the Rise atthe Cohabiting CoupleCity and State LevelsMegan J. Renslow Kelsey M. Scanlan612-877-5450|Megan.Renslow@lawmoss.com 612-877-5320|Kelsey.Scanlan@lawmoss.comLawMoss.com/people-megan-j-renslow How Can Employees Use ESSL? LawMoss.com/people-kelsey-m-scanlan A trust can also be utilized to accomplish the transfer of assets Megan is a member of our Litigation team. She assists businessesCovered employees are entitled to use accrued ESSL on theKelsey is a member of our Estate Planning and Wealth Preservationbetween unmarried partners. Unlike a will, which only disposes and individuals with commercial litigation disputes. 91st day following the start date of their employment or on theteam. She represents individuals and families in estate planningof assets at death, a trust can provide for a partner during ones effective date of the Ordinance, whichever comes later. Coveredand the administration of estate and trust matters. lifetime, upon incapacity, and at death. The City of Bloomington is the most recent Minnesota city to passemployees may use accrued ESSL for various reasons, includingIn 1950, approximately 80% of U.S. households consisted ofDurable Power of Attorney an ordinance requiring certain employers to offer paid sick leavemedical care and treatment, family caregiving, unexpected closuremarried couples. That number steadily declined in the following to covered employees. While Bloomingtons Earned Sick and Safeof a school or place of care, and for safety planning and relatedA power of attorney authorizes an individual, called an decades, and in 2020, the marriage rate hit an all-time low of 49%.attorney-in-fact, to act on your behalf with respect to certain Leave (ESSL) Ordinance was adopted almost one year ago, itlegal proceedings. took effect on July 1, 2023. Now, eligible workers in BloomingtonMore adults are choosing to delay marriage or forego it altogether.property and financial matters. This is a useful tool for unmarried can earn up to 48 hours of paid sick leave per year.The City of Bloomingtons initial rules describe how ESSL may beBut without proper planning, in the eyes of the law, unmarriedcouples if one partner becomes incapacitated or otherwise unable used as follows: partners might as well be complete strangers. They will notto access accounts, pay bills, and manage their financial affairs. The cities of Minneapolis, St. Paul, and Duluth have adopted ESSLinherit from one another upon death, have control over medicalWithout a power of attorney in place, the same result can only Ordinances, and the Minnesota legislature recently passed the Medical Care and Treatment. An employees mental oror financial decisions in the event of incapacity, or receive any taxbe achieved with a conservatorship, which can be a lengthy and Earned Sick and Safe Leave law, which takes effect on January 1,physical illness, injury, health condition, need for medicalbenefitsduring life or at deathas a result of their relationship.expensive court process. 2024. Details of Bloomingtons ESSL Ordinance and what it meansdiagnosis, care or treatment of a mental or physical illness, injury for employers and employees is discussed below.or health condition, or an employees need for preventiveFor married couples, the law provides default protections regardingHealth Care Directivemedical or health care, including pre-natal and post-natal care. the disposition of property at death. These protections do not extendSimilar to a power of attorney, a health care directive appoints an Who Is Covered?Family Caregiving. An employees need to provide care forto unmarried partners, which can have devastating consequencesagent to make or communicate health care decisions on your behalf Bloomingtons ESSL Ordinance applies to employers with six ora family member with mental or physical illness, injury, healthwithout an estate plan. However, with foresight and a few basicwhen you are unable to do so and specifies the care you wish to more employees. The Ordinance covers employees who workcondition, need for medical diagnosis, care or treatment ofestate planning tools, unmarried couples can create protections andreceive. Absent a valid health care directive, unmarried partners more than 80 hours in a calendar year while physically locateda mental or physical illness, injury or health condition, or anmitigate uncertainty in the event of incapacity or death.will have no authority to make critical decisions or obtain basic in Bloomington. The location of the employer does not affect anemployees need for preventive medical or health care, includingBeneficiary Designations and Strategicallyhealth care information about each other without commencing a employees eligibility for ESSL coverage.pre-natal or post-natal care or the death of a family member.Titled Assetstime-consuming and costly guardianship proceeding. For remote workers and those who work in multiple cities during Closure of Business, School, or Place of Care. The closureAssets owned in joint tenancy or on which you name a beneficiaryCohabitation Agreementa shift, such as delivery drivers and repairpersons, employers mayof the employees place of business by a public officials order,will automatically pass to the surviving joint owner or designatedA cohabitation agreement is a legal contract between two make reasonable estimates regarding the amount of time anclosure of school or place of care by a public officialsbeneficiary at death. Unmarried couples can likely accomplishunmarried people who live together. Cohabitation agreements employee actually spends working in Bloomington for purposesorder, closure of school or place of care due to inclementmany of their planning goals simply by naming one another asoutline the parties rights and obligations during their cohabitation, of ESSL coverage, accrual, and use. However, employers haveweather, loss of power, loss of heating, loss of water, or otherbeneficiaries on specific assets or taking title to property as jointupon the death or incapacity of either party, and in the event the flexibility and may voluntarily allow accrual of ESSL regardless ofunexpected closure. tenants. Conversely, if the intention is to keep property separate,relationship ends. These agreements are useful to protect the the employees geographic location.Safety Reasons. Seeking counseling services, seeking medicalor to transfer the property to someone other than their partner,parties respective rights and clearly establish their intentions with How Is Sick and Safe Leave Accrued? or psychological care, seeking services from victim servicesthe parties can do so just as easily.respect to propertyboth during and after their cohabitation. Covered employees are able to earn up to 48 hours of ESSL at a rateorganizations including relocation, seeking legal advice,Wills and Trusts Conclusionpreparing for, or participating in legal proceedings due to sexual of one hour of leave for every 30 hours of work. Employees mayassault, domestic abuse, or stalking. When an individual passes away without a will, their estate willUnmarried couples face unique challenges when it comes to estate roll over up to 80 hours of unused ESSL from one year to the next.pass according to the laws of intestacy (i.e., to their closest livingplanning and significant consequences if there is no plan in place. relatives). By having a will, unmarried individuals can ensure thatYour estate planning attorneys at Moss & Barnett can help design a # "Sick and Safe Leave" Continued on Page 11 their partners inherit some or all of their property.plan that is right for you and your partner.32'