Other Leaves: Minnesota
Federal law and guidance on this subject should be reviewed together with this section.
Author: Megan Anderson, Gray Plant Mooty
- Minnesota has a number of state leave laws that apply to employers depending on the number of employees that the employer has. To the extent that federal and state laws differ, whichever law provides greater benefits and protection to the employee will apply. See Minnesota - Leaves of Absence.
- In addition to federal laws, e.g., the Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), Minnesota employers may also be subject to the Pregnancy and Parenting Leave Act, the Adoptive Parent Leave Act and the Sick Leave Benefits; Care of Relatives Act. These laws are intended to provide parents with added flexibility to take care of their children and other covered family members. See Family and Medical Leave of Absence; Minnesota Parental Leave; Minnesota Adoptive Parent Leave; Sick Leave Benefits; Care of Relatives Act; School Conference and Activities Leave.
- Like the federal Fair Labor Standards Act (FLSA), Minnesota's Nursing Mother law requires employers with at least one employee to provide nursing mothers with reasonable, unpaid break time each day to express milk for their children. See Nursing Mothers.
- The Minnesota Workers' Compensation Act provides time off and payments to employees due to a work-related injury. See Workers' Compensation Leave.
- Minnesota employers with at least one employee must provide job-protected leave for an employee that is quarantined or isolated due to an illness caused by bioterrorism or certain communicable diseases for up to 21 consecutive work days. See Isolation/Quarantine Leave.
- Employers with 20 or more employees must grant paid leaves of up to 40 work hours to employees who undergo medical procedures to donate bone marrow. See Bone Marrow Leave.
- All employees who are eligible to vote in regularly scheduled state primary or general elections, elections to fill vacancies for a US Senator or Representative, or presidential primary elections are entitled to be absent from work, without any deduction in pay, to vote during the day of the election. See Voting/Election Leave.
- Minnesota has multiple statutes governing military leaves that supplement the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) leave law and the military caregiver leave requirements of the FMLA. See Military Leave; Civil Air Patrol Service.
- Minnesota employers should also provide employees with clearly written policies setting out the terms under which employees earn any vacation, sick pay or paid time off. Minnesota courts have generally held that an employee's entitlement to such time off or to pay, if any, for accrued but unused vacation, sick time or paid time off is governed by the employer's written policy. See Vacation, Sick Time or Paid Time Off Policies.