Minnesota doesn't have a broad family medical leave to give workers more protections than under the federal Family Medical Leave Act (FMLA).
There are some laws which give some extra rights to workers for specific situations:
Workers have a right to up to 6 weeks of unpaid time off for the birth or adoption of a child if they have:
- worked 12 months in a row immediately before asking for the time off
- worked at least an average of ½ time
- at least 21 employees at their workplace
The rules include:
- Children must be under 18 years old, or under 19 if they’re still in secondary school.
- Workers do not have a right to leave when a foster child is placed in their home. (The federal FMLA covers foster care placements.)
- A husband and wife can both take their own leave. The law does not make them share the same 6 weeks of time off. (Unlike the federal FMLA.)
- The time off has to start within 6 weeks of the child's arrival. If a newborn has to stay in the hospital, the leave has to start within 6 weeks of discharge.
- Workers should give their boss as much notice as possible before the leave and stay in touch with your boss about when you will be back to work.
- Workers have a right to keep their group insurance, but they may have to pay for it.
- After the leave, workers have a right to return to their old, or a comparable, job (unless you would've been laid off anyway).
- Public (state, county, and local government) and private sector workers are covered.
- Independent contractors are not covered.
Sick or Injured Child Care Leave
You can use your sick time for your child’s illness if:
- You have worked for your boss for 12 months
- You have worked an average of at least ½ time
- Your boss has at least 21 employees
- The law covers both public (state, county, and local government) and private employees.
This right is important because it covers minor health conditions that do not qualify for FMLA. The rules should be the same as when you use sick time for your own illness.
Adoptive Parents' Leave
All Minnesota workers have a right to take the same amount of time off before or at the time of an adoption that biological parents are allowed for paternity or maternity leave.
Time Off for an Injured or Killed Service Member's Family
All Minnesota workers, including independent contractors, have a right to 10 days of unpaid time off when an immediate family member is injured or killed during active military service. Family members are parents, brothers, sisters, children, grandparents, husbands, and wives.
Bone Marrow Donation Leave
When there are 20 employees at the workplace, workers who work at least 20 hours a week have a right to up to 40 hours of paid time off to donate bone marrow.
Blood Donation Leave
There is a law that bosses can give workers time off to donate blood. Since bosses can give workers time off anytime, this doesn’t really do anything.
There is also a real law that state workers can take up to 3 hours of paid time off each year to donate blood:
- You have to tell your boss 2 weeks ahead of time that you need time off.
- The time off is for when you donate blood somewhere away from your work place.
- Employees at MN State Colleges and Universities are not covered by this law.
State Workers' Unpaid Leaves of Absence
State workers can ask for a leave of absence for 6 months in each 2 year period. Workers don’t have a right to the leave.
Public Workers' Leave for Organ Donation
When there are 20 employees at a state, county, local government, or other governmental subdivision, workers who work at least 20 hours a week can take up to 40 hours of paid time off to donate an organ.
The laws: Minn. Stat. § 181.940, 941.942 Parenting Leave
Minn. Stat. § 181.9413 Sick or Injured Child Care Leave
Minn. Stat. § 181.92 Leaves for Adoptive Parents
Minn. Stat. §181.947 Leave for Immediate Family of Military Injured or Killed in Service
Minn. Stat. §181.945 Leave for Bone Marrow Donation
Minn. Stat. §43A.187 State Workers' Blood Donation Leave
Minn. Stat. §181.9456 Public Workers' Leave for Organ Donation
Minn. Stat. § 43A.49 State Workers' Unpaid Leave of Absence