Minnesota's Parental Leave Law

MN Statutes 181.941

The Minnesota Parental Leave Law applies to companies with 21 to 49 Employees.

How long is leave?
Minnesota law requires an employer to provide up to six weeks of unpaid parental leave to a mother or father upon the birth or adoption of a child. An employer is not required to provide this six weeks on an intermittent or reduced-hour basis. The length of leave is determined by the employee, but cannot be longer than six weeks unless the employer agrees.

When can I take leave?
Leave can be taken by the mother or father when there is a birth or adoption, and must begin within six weeks of the birth or adoption. If a newborn is hospitalized longer than the mother, leave can begin within six weeks after the child is home.

Am I eligible for leave?
You are eligible if you have worked at least half-time with the employer for the past 12 consecutive months.

What about paid leave?
You can choose to or the employer can require that you substitute any paid vacation or disability leave, if you have any coming, for any or all of the unpaid leave, but you cannot be required to use your paid sick leave. An employer is not required to provide any paid leave.

Do I have to give notice?
You do not have to give your employer notice of your intent to take a parental leave. However, the employer can adopt "reasonable policies" governing the timing of leaves, and it usually makes sense to discuss your plans for leave with your employer. You are not required to give any type of medical certification.

Will I get my job back?
Returning from parental leave, you are guaranteed your former position or one that is comparable in duties, number of hours and pay. By agreement with the employer, you may return to work part-time during the leave period without forfeiting the right to return to full-time employment at the end of the leave period.

Will my health insurance be covered?
If you have health insurance provided by your employer, the insurance must be made available during your leave. However, the employer can require you to pay the full premium for this insurance during the leave period. An employer is not required to provide any health insurance.

What about other benefits?
During your leave you are entitled to benefits and seniority as though you had not taken a leave. Employees who choose not to return to work after giving birth may be considered "a voluntary quit" and may not be eligible for unemployment compensation.

Leaves longer than six weeks
For leaves longer than six weeks employers are required to hold the job only as long as they would for other employees taking a different type of leave. If you are taking an extended leave, you should have a written agreement with the employer stating the date to return to work and what position, hours and pay will be available.

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