Minnesota Family Medical Leave Act

The Minnesota Family Medical Leave law allows for 6 weeks of unpaid leave. The law when combined with the Federal act may provide for unpaid job-protected leave for differing population segments. Short term disability in Minnesota can provide partial income replacement during maternity leave.

The two regulations work differently in terms of who is covered, and how the laws work.  What you will find on this page:

* Who is covered
* Key Provisions
* Minnesota Family Leave and the Federal law
* Affording all the time off from work

The Minnesota Act is unique in that it is confined to parental care roles. It covers care for the birth and adoption of a child, but not foster care.

The employee must have worked for the employer for at least 12 consecutive months immediately preceding the leave, and averaged at least one-half the full-time equivalent position in the employee’s job classification. 

Your employer must continue any employer-provided health benefits, including dental, vision, and other benefits. You may be required to pay your portion of the premiums. These contributions will now be AFTER TAX, costing you more out of pocket that while you are working.

You have a right to re-instatement to previous position or one that is equivalent in terms of benefits, pay, and other conditions of employment. Source: Minnesota Department of Labor.

The Family Medical Leave Act (FMLA) is a federal law, whereas the Minnesota Family Leave Act applies to Minnesota workers only.

Some key differences include:

• Length of leave is shorter - 6 weeks in the MN law versus 12 weeks in a 12 month period for the Federal law
• Employer size is smaller - Employers with 21 or more employees in any one location are covered versus 50 employees for the Federal law

Minnesota law does not provide for paid leave for all workers. Nor does the state have any mandated short term disability coverage.

If you are planning a pregnancy consider purchasing short term disability insurance before getting pregnant. Your benefit for normal delivery may greatly exceed the premium paid, helping to create maternity leave income and providing a financial cushion to allow you to bond with your baby without worrying about how to pay bills.