Federal law and guidance on this subject should be reviewed together with this section.
Author: Susan K. Fitzke, Littler Mendelson, PC
- Generally, family and medical leave laws require covered employers to provide eligible employees with job-protected leaves of absence for certain qualifying reasons. The primary federal law governing leave is the Family and Medical Leave Act. Minnesota employers may also be subject to the Pregnancy and Parenting Leave Act (previously known as the Parenting Leave Act) and the Sick Leave Benefits; Care of Relatives Act. See Family and Medical Leave, Generally.
- The Minnesota Pregnancy and Parenting Leave Act requires a covered employer to permit eligible employees to take up to 12 weeks of unpaid leave in conjunction with the birth or adoption of a child, prenatal care and pregnancy-related health conditions. See Length and Purpose of Leave.
- The Sick Leave Benefits; Care of Relatives Act (previously referred to as the Sick or Injured Child Care Leave Act) allows eligible employees to use personal sick leave benefits for absences due to the illness or injury of the employee's child and other covered family members on the same terms as the employee is permitted to use the sick leave benefits for his or her own illness or injury. Employees may also use personal sick leave benefits on behalf of themselves or certain family members for safety leave. See Sick Leave Benefits; Care of Relatives Act.
- Employers located or doing business in Minnesota with one or more employees must provide 10 working days of unpaid leave to an employee whose immediate family member has been injured or killed during active duty as a member of the US armed forces. See Family Military Leave.
- Minnesota Adoptive Parent Leave provides that an employer, regardless of its number of employees, that permits paternity or maternity time off for a biological mother or father must, upon request, grant time off with or without pay to an adoptive father or mother. See Minnesota Adoptive Parent Leave.
- Employers with 21 or more employees must provide reasonable accommodations to pregnant employees, which may include a leave of absence. See Pregnancy Accommodation.