Minnesota Paid Leave - Legislative Guidance

Table of Contents

Overview

Minnesota Paid Leave (MNPL) provides eligible employees with up to 12 weeks of partial wage replacement benefits per year for qualifying family, medical and safe leave reasons. The maximum amount of leave allowed for care of the employee’s own health condition and any other family reason is 20 weeks. Job protection is available for employees who work for their employer for at least 90 calendar days¹.

MNPL is a state-administered program that is funded through a combination of employer and employee contributions. While almost all Minnesota employers must participate in the program, they have the option to offer an equivalent plan. Equivalent plans must provide equal or greater benefits than the state program and must be approved by the Minnesota Department of Employment and Economic Development (MNDEED).

AbsenceSoft Policies

Minnesota Paid Leave is configured in AbsenceSoft with two policies to track eligibility for job protection and approval for state administered wage replacement the policy codes and naming are listed below:

• Minnesota Paid Leave Job Protection - MN-PL-JP

• Minnesota Paid Leave - MN-PL

Legislation codes and statues

The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the ‘Resources’ section of this document:

• Minnesota Statues Chapter 268B (Minn. Stat. Ch. 268B)

Employer Coverage

Any employer in the state of Minnesota regardless of size, employee count.

Exclusions:

• Federal government

• Tribal government

Employee Eligibility

Employees must have worked at least 90 days of employment to be eligible for job protection, and must work at least 50 percent of the employment is in Minnesota or the employee resided in Minnesota for 50 percent of the time but works for an employer outside of Minnesota. Employees must make a certain wage threshold in the past year (wage threshold may vary from year to year).

Exclusions:

• Federal government employees

• Independent contractors (may opt-in)

• Self-employed individuals (may opt-in)

• Seasonal hospitality workers working less than 150 days in a hospitality role during a consecutive 52-week period

Qualifying Absence Reasons and Leave Duration

An employee may take up to 12 weeks for any reason qualifying absence reason listed below. Employees may take a combination of leave for themselves and a family member situation for a maximum amount of 20 workweeks. Entitlement is determined on a 52- week Sunday rolling forward measurement period, except those benefits that begin on the first day of the month of the quarter (Jan 1, Apr 1, Jul 1, Oct 1) have 53 week duration.

Family Leave

• Adoption/Foster Care: To bond with a newly adopted or foster child to be taken within 12 months of placement date. Pre-placement activities such as legal proceedings, visiting with adoption agencies, understanding care needs of the adopted/foster care child are also covered reasons for leave.

• Bonding: To bond with a new child within the first 12 months of the birth.

• Family Health Condition: Care for a family member with a serious health condition.

Medical Leave

• Employee Health Condition: Care for the employee’s own serious health condition.

• Pregnancy/Maternity: Serious health conditions relating to pregnancy, childbirth, prenatal or loss of pregnancy.

Military

• Qualifying Exigency: attending to matters resulting from the employee’s family member’s service member’s active duty deployment in a federal branch of the U.S. Military. Factors include financial, legal or childcare/dependent planning, counseling services, military events/ceremonies, visitation during rest and recuperation, or arrangements due to the death of a servicemember. Military members must be a resident of Minnesota.

• Care of Servicemember: to care a family member who is active duty in a federal branch of the U.S. Military due to an injury or illness resulting from service or acquired before service.

Safe Leave

• Domestic Violence/Safe Leave: employee or their family member is a victim of sexual assault, stalking, or domestic abuse and requires or seeks medical attention, victim services, relocation, legal remedies (preparing for civil or criminal proceedings, restraining orders, etc.)

Qualifying Family Member

• Spouse

• Domestic Partner

• Parent (Legal Guardian, grandparent, spouse’s grandparent)

• Child (biological, adoptive, foster, stepchild, child of domestic partner, in loco parentis, legal ward, grandchild, son or daughter-in law, or any child where the employee is the de facto custodian).

• Sibling

• Any other person the employee has a personal relationship with and cares for without being paid for their care.

How Leave Can be Taken

Employees may take leave consecutively or intermittently.

• Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.

• Intermittent leave: Leave taken in separate, sometimes unpredictable, blocks of time (either hours, days or weeks) between the start and end dates of leave.

Certification Requirements

Employees must file a claim to receive all the necessary forms for their healthcare provider to complete, where applicable. Forms should be returned back to the state for processing. Other documentation is necessary for non-health related claims, such as bonding.

Additionally, employees may be asked questions to confirm their identity.

Employers will receive notification on the employee’s status for benefits. The department will send additional information requests and confirmation requests that the employee gave proper notice to their employer.

Pay and Benefits

Where state pay benefits are involved with other law interactions, such as state mandated leave programs (paid sick leave) employers will want to consider where PTO/employer pay benefit application should occur.

There is no waiting period for benefits, however the employee must miss at least 7 days to be eligible for payment. The 7 days will be payable if the employee has met the threshold required for eligibility. The 7-day period does not apply to bonding claims.

Amount of Pay

MNPL pays a weekly benefit amount that is determined by comparing the employee’s average weekly wage, in the employee’s highest earning calendar quarter, to the state’s average weekly wage. Benefits are calculated on a sliding scale, with lower-income employees generally receiving more of their usual wages compared to higher-income employees. Minimum and maximum weekly benefit amounts are based on the state average weekly wage. The state may increase the average weekly wage amount year over year. Employers should monitor the state website for updates in determining top-off calculations.

Use of Paid Time Off (PTO)

An employee may choose to use any accrued pay benefits such as sick, vacation, or personal time offered by the employer.

Employers offering other paid leave, outside of disability policies, may continue payments so long as the pay from the state and the employer do not exceed the employee’s normal pay, and the employee agrees to such payment. An employer who makes payment in full to the employee for any dates the state should have made payment, the employer may recoup those payments through the MNDEED.

Employer disability policies should follow the rules governed by their policies and may offset should the policy allow.

Job Protection

Applies only if the employee has worked for the employer for 90 calendar days or more. ¹Employees should be returned to the same or equivalent position upon their return from leave. If the employee must meet certain requirements or licensing needs that were not met due to the leave, the employer must give the employee a chance to meet standards once returned. Any position that required restructuring or hire of a temporary worker requires dissolution of the arrangement to allow the employee to return to their position.

Other Protections

Employees who invoke their rights to MNPL are protected from discrimination and retaliation. Employers are prohibited from denying leave or interfering with employee rights under MNPL.

Benefits

Benefits should be continued as though the employee was not on leave so long as the employee continues to pay their share of the premiums.

Interaction with Other Laws

Where an employee meets the definition of family member, qualifying absence reason, or serious health condition, the state and federal laws may interact. Accommodations that are not leave related, would not run concurrently with other state or federal leave laws.  

Family and Medical Leave Act (FMLA)

MNPL may run concurrently with FMLA.

Minnesota Pregnancy and Parenting Leave (MNFML)

MNPL may run concurrently with MNFML. Employers should be mindful prenatal appointments do not count under MNFML but do count under MNPL.

Minnesota Family Military Leave (MNML)

MNPL may run concurrently with MNFML.

Minnesota Crime Victim Leave (MNCVL)

MNPL may run concurrently with MNCVL.

Minnesota Bone Marrow Donation Leave (MNDONOR)

MNPL may run concurrently with MNDONOR

Minnesota Adoptive Parents Leave (MNAPL)

MNPL may run concurrently with MNAPL.

Minnesota Pregnancy Disability Leave (MNPDL)

MNPL may run concurrently with MNPDL which is a discrimination and a right to accommodation regulation.

Unemployment

An employee receiving unemployment benefits is not eligible for MNPL.

Worker’s Compensation

An employee receiving wage replacement equal to or greater than their lost wages through any state or federal worker’s compensation program are not eligible to receive pay benefits through MNPL

An employee may receive MNPL payment for a Worker’s Compensation claims if:

• The full amount of Worker’s compensation payment is less than the MNPL benefit; or

• Worker’s Compensation claim is pending or denied. If pending and the Worker’s Compensation claim is approved later, the employee must return the MNPL benefit back to the MNDEED.

Other State’s Benefits

When an employee is eligible for MNPL and other state’s paid leave programs, the MNPL will be offset by any other state benefit programs.

Employee and Employer Responsibilities

Employee Responsibilities

• Employees may file for benefits up to 60 days before the leave event, and should file timely to avoid delay or refusal of benefit;

• Complete and return any information, forms or certifications required by the state;

• Respond to the state when necessary;

• Determine and confirm with employer use of any accrued employer benefit or pay benefit outside of employer disability policies;

• Notify department if leave ends early by providing at least 2 business day’s notice;

• Give written notice to the department and notify employer of leave extensions at least 14 calendar days from original end date of leave, or as soon as practicable; delays must be explained;

• Provide notice to the department and employer for any changes to intermittent leave schedules or change from continuous to intermittent leave, at least 14 calendar days in advance, or as soon as practicable;

• Follow employer policies and procedures for time off reporting.

Employer Responsibilities

• Posting requirements are as follows and all posters must be a place that is conspicuous/frequented by employees:

  • Supplied by the commissioner of MLPL and in English or in any other language where five or more employees’ primary language is spoken and the poster is provided in that language from the commissioner;

  • Employers are also required to provide written notice to the employee within 30 days of the premium collection, or at beginning of hire, and must be able to provide to the MNDEED how the employee was notified and any refusal of acknowledgment if employee refused to acknowledge the notice;

    • Written notice must include:

      • Rights to MNPL

      • Premium amount for both the employee and employer

      • Employer’s Federal Identification Number (EIN) and address

      • How to file for benefits and how to contact the MNDEED

  • Provide notice, supplied by the MNDEED, to each seasonal hospitality workers at the time of hire or within 30 days of November 1,2025, indicating the employee is not eligible for MLPL.

    • Register for MNPL;

    • Report employee wages and employee counts;

    • Withhold and send employee contributions;

    • Maintain payroll records;

• Respond to inquiries from the MNDEED on claim, employers have 7 calendar days to respond to the department ensuring the employee gave proper notice;

• Notify department of any employer supplemental benefits so long as the employee agrees to such benefits;

• Employer may also contact the department when the employee fails to provide proper notice of leave events, schedule changes, or extension requests; and

• Provide job protection for employees that have at least 90 days worked.

Resources

Minnesota Legislation: https://www.revisor.mn.gov/statutes/cite/268B/full#stat.268B

Minnesota Paid Leave Website: https://info.paidleave.mn.gov/

¹ Minn Stats 268B.09 subd. 6 (h)