Here, you can find a link to useful information on the internet regarding the Family & Medical Leave Act (FMLA), the Minnesota Parenting Leave Act, government agencies, and related information.
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Minnesota Department of Labor & Industry
Comparison of FMLA and Minnesota Parenting Leave Act
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U.S. Department of Labor
Federal vs. Minnesota Family & Medical Leave Laws
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Minnesota Parenting Leave Act
Minn. Stat. §181.940
Minn. Stat. §181.941
Minn. Stat. §181.942
Minn. Stat. §181.943
Minn. Stat. §181.944
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Minnesota Parenting Leave Act – Text of Statute
Minn. Stat. § 181.940 DEFINITIONS.
Subdivision 1. Scope.
For the purposes of sections 181.940 to 181.944, the terms defined in this section have the meanings given them.
Subd. 2. Employee.
“Employee” means a person who performs services for hire for an employer from whom a leave is requested under sections 181.940 to 181.944 for:
(1) at least 12 consecutive months immediately preceding the request; and
(2) for an average number of hours per week equal to one-half the full-time equivalent position in the employee’s job classification as defined by the employer’s personnel policies or practices or pursuant to the provisions of a collective bargaining agreement, during those 12 months.
Employee includes all individuals employed at any site owned or operated by the employer but does not include an independent contractor.
Subd. 3. Employer.
“Employer” means a person or entity that employs 21 or more employees at at least one site, except that, for purposes of the school leave allowed under section 181.9412, employer means a person or entity that employs one or more employees in Minnesota. The term includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, or other governmental subdivision.
Subd. 4. Child.
“Child” means an individual under 18 years of age or an individual under age 20 who is still attending secondary school.
Minn. Stat. § 181.941 PARENTING LEAVE.
Subdivision 1. Six-week leave; birth or adoption.
An employer must grant an unpaid leave of absence to an employee who is a natural or adoptive parent in conjunction with the birth or adoption of a child. The length of the leave shall be determined by the employee, but may not exceed six weeks, unless agreed to by the employer.
Subd. 2. Start of leave.
The leave shall begin at a time requested by the employee. The employer may adopt reasonable policies governing the timing of requests for unpaid leave. The leave may begin not more than six weeks after the birth or adoption; except that, in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than six weeks after the child leaves the hospital.
Subd. 3. No employer retribution.
An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this section.
Subd. 4. Continued insurance.
The employer must continue to make coverage available to the employee while on leave of absence under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents. Nothing in this section requires the employer to pay the costs of the insurance or health care while the employee is on leave of absence.
Minn. Stat. § 181.942 REINSTATEMENT AFTER LEAVE.
Subdivision 1. Comparable position.
(a) An employee returning from a leave of absence under section 181.941 is entitled to return to employment in the employee’s former position or in a position of comparable duties, number of hours, and pay. An employee returning from a leave of absence longer than one month must notify a supervisor at least two weeks prior to return from leave. An employee returning from a leave under section 181.9412 or 181.9413 is entitled to return to employment in the employee’s former position.
(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.
Subd. 2. Pay; benefits; on return.
An employee returning from a leave of absence under sections 181.940 to 181.944 is entitled to return to employment at the same rate of pay the employee had been receiving when the leave commenced, plus any automatic adjustments in the employee’s pay scale that occurred during leave period. The employee returning from a leave is entitled to retain all accrued preleave benefits of employment and seniority, as if there had been no interruption in service; provided that nothing in sections 181.940 to 181.944 prevents the accrual of benefits or seniority during the leave pursuant to a collective bargaining or other agreement between the employer and employees.
Subd. 3. Part-time return.
An employee, by agreement with the employer, may return to work part time during the leave period without forfeiting the right to return to employment at the end of the leave period, as provided in sections 181.940 to 181.944.
Minn. Stat. § 181.943 RELATIONSHIP TO OTHER LEAVE.
(a) The length of parental leave provided under section 181.941 may be reduced by any period of paid parental or disability leave, but not accrued sick leave, provided by the employer, so that the total leave does not exceed six weeks, unless agreed to by the employer.
(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise affects an employee’s rights with respect to any other employment benefit.
Minn. Stat. § 181.944 INDIVIDUAL REMEDIES.
In addition to any other remedies provided by law, a person injured by a violation of sections 181.940 to 181.943 may bring a civil action to recover any and all damages recoverable at law, together with costs and disbursements, including reasonable attorney’s fees, and may receive injunctive and other equitable relief as determined by a court.
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Minnesota Bone Marrow Donation Leave Act
Minn. Stat. § 181.945 LEAVE FOR BONE MARROW DONATIONS.
Subdivision 1.Definitions.
(a) For the purposes of this section, the following terms have the meanings given to them in this subdivision.
(b) “Employee” means a person who performs services for hire for an employer, for an average of 20 or more hours per week, and includes all individuals employed at any site owned or operated by an employer. Employee does not include an independent contractor.
(c) “Employer” means a person or entity that employs 20 or more employees at at least one site and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, or other governmental subdivision.
Subd. 2. Leave.
An employer must grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the employee, but may not exceed 40 work hours, unless agreed to by the employer. The employer may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.
Subd. 3. No employer sanctions.
An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this section.
Subd. 4. Relationship to other leave.
This section does not prevent an employer from providing leave for bone marrow donations in addition to leave allowed under this section. This section does not affect an employee’s rights with respect to any other employment benefit.
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The Minnesota employment law firm of Trepanier MacGillis Battina P.A. in Minneapolis, Minnesota represents both employers and individual employees in the Twin Cities and Greater Minnesota area regarding regarding Minnesota FMLA claims, Minnesota FMLA violations, Minnesota FMLA lawsuits, Minnesota FMLA statutes, Minnesota FMLA statutes, Minnesota FMLA rights, Minnesota FMLA policies, Minnesota family leave law, Minnesota medical leave law, Minnesota FML, Minnesota family and medical leave law, Minnesota parental leave law, Minnesota parental leave lawsuits, Minnesota parental leave litigation, and the Minnesota Parenting Leave Act. Our Minnesota FMLA lawyers, Minnesota FMLA super lawyers, and Minnesota FMLA attorneys represent clients in Minneapolis, St. Paul, Apple Valley, Blaine, Bloomington, Brainerd, Brooklyn Park, Burnsville, Coon Rapids, Duluth, Eagan, Eden Prairie, Edina, Lakeville, Mankato, Maple Grove, Minnetonka, Moorhead, Plymouth, Richfield, Rochester, St. Cloud, Stillwater, Twin Cities, Woodbury and other cities within the State of Minnesota (MN) (Minn.).