The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Author: Susan K. Fitzke, Littler Mendelson, PC

Summary

  • Generally, family and medical leave laws require covered employers provide eligible employees with job-protected leaves of absence for qualifying reasons. The primary federal law governing leave is the Family and Medical Leave Act (FMLA). Minnesota employers may also be subject to the Parenting Leave Act and the Sick or Injured Child Care Leave Act. See Family and Medical Leave, Generally.
  • Under the Minnesota Parenting Leave Act, a covered employer is defined as a person or entity that employs at least 21 or more employees at one site. See Covered Employer.
  • The term employee for the purpose of the Minnesota Parental Leave Act means a person who has worked for a covered employer for at least 12 consecutive months immediately preceding the request; and an average number of hours per week. See Eligible Employees.
  • The Minnesota Parental Leave Act requires a covered employer to permit eligible employees to take up to six weeks of unpaid leave in conjunction with the birth or adoption of a child. See Length and Purpose of Leave.
  • The Minnesota Parental Leave Act does not directly address issues of employer or employee notice. It is advisable, however, to inform employees when they take qualifying leave that the leave will count towards the annual leave entitlement under the law. See Notice Requirements.
  • The length of parental leave the employer provides may be reduced by paid parental or disability leave it provides to its employees, so that the total leave does not exceed six weeks, unless the employer agrees otherwise. Parental leave, however, may not be reduced by accrued sick leave. See Compensation and Benefits and Relationship to Other Leaves.
  • An employee returning from a leave of absence is entitled to return to his or her former position or a position with comparable duties, hours and pay. An employee is also entitled to any automatic increases in pay that occurred during the leave period. See Reinstatement Rights.
  • An employer should not retaliate against an employee for requesting or obtaining a leave of absence under the Minnesota Parenting Leave Act. See Prohibited Actions.
  • 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, who is a member in the US armed forces, has been injured or killed while in active duty. See Leave for Immediate Family Members of Military Personnel Injured or Killed in Active Duty.
  • Minnesota Adoptive Parents Leave provides that an employer, regardless of its number of employees, who permits paternity or maternity time off to 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.
  • 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 on the same terms as the employee is permitted to use the sick leave benefits for his or her own illness or injury. See Sick or Injured Child Care Leave.
  • Every employee is entitled to take up to 16 hours unpaid leave a year to attend their children's school conferences, classroom activities, child care or other early childhood program. Employees may use vacation time. See Other Working-Parent Rights.