Personal Leave of Absence MN: A Complete Guide
Understanding Personal Leave of Absence MN
Personal leave of absence MN refers to an extended period of leave that Minnesota employees can take for reasons such as a serious health condition, caring for a family member, bonding with a new child, or qualifying exigencies. Employees can take up to 12 weeks of leave in a 12-month period, as long as they meet the eligibility requirements.
Eligibility Requirements
To be eligible for personal leave of absence in Minnesota, employees must have worked for their employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months. This applies to businesses with 21 or more employees.
For businesses with 1 to 20 employees, employees are eligible if they have worked for their employer for at least 12 months and have worked at least half-time for the employer.
Types of Personal Leave of Absence
In Minnesota, employees can take personal leave of absence for various reasons, including:
- Medical leave: Employees can take up to 12 weeks of leave for a serious health condition.
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Federal FMLA Rights
Under the Family and Medical Leave Act of 1993 (FMLA), eligible Minnesota employees can take leave for various reasons without losing their jobs or benefits.
Who Is Covered?
All Minnesota employers with 50 or more employees are covered by the FMLA. To be eligible for FMLA leave, employees must have worked for their employer for at least 12 months and have completed 1,250 hours of work for the employer during the 12 months leading up to the start of the leave.
Reasons for Leave
The FMLA allows eligible employees to take personal leave of absence MN for several reasons including: the birth or adoption of a child, caring for a family member with a serious health condition, the employee’s own serious health condition, and certain military-related reasons.
How Much Leave Is Available?
Minnesota employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave is available every 12 months, as long as the employee continues to meet the eligibility requirements explained above.
Leave and Reinstatement Rights
When an eligible Minnesota employee takes leave, their employer must provide them with their same or equivalent job upon their return. If the employee is unable to return to work after the leave, the employer must make reasonable efforts to secure for the employee a position with equivalent pay, benefits, and job duties.
Under the FMLA, an employee’s health insurance must also continue while they are on leave.
Minnesota Family and Medical Leave Laws
Minnesota’s family and medical leave laws offer more leave options than the FMLA. Employees can take advantage of additional protections and leaves.
Minnesota FMLA
Under the Minnesota Parental Leave Act, eligible employees can take up to 12 weeks of unpaid leave in a 12-month period to care for a newborn or newly adopted child. This not only includes biological or adoptive parents, but also stepparents and same-sex spouses.
Military Family Leave in Minnesota
The Minnesota law provides coverage for employees who have a spouse, child, or parent that is in the military and needs their assistance. Eligible employees can take up to 10 days of unpaid leave during any 12-month period.
Minnesota Small Necessities Law
The Small Necessities Leave Act in Minnesota allows employees to take time off for emergency situations, such as a child’s illness or injury or a family member’s illness or death. Eligible employees can take up to 16 hours of unpaid leave in any 12-month period.
For More Information
For more information, employees and employers can visit the Minnesota Department of Labor and Industry website or consult with legal professionals to better understand the state’s family and medical leave laws.
How It Works
Employees in Minnesota can use these laws to take advantage of additional time off when necessary. The leaves may also be combined with other leaves such as vacation or sick leave, depending on the employer’s policy.
However, employers are not required to provide paid sick leave benefits.
Types of Leave in Minnesota
Minnesota employees have access to multiple types of leave, ranging from vacation and sick leave to bereavement leave and voting leave.
Vacation Leave
Vacation leave in Minnesota refers to paid time off that employees can use for personal reasons, such as travel. Employers are not legally required to provide vacation leave, but many do as part of their benefits package.
The amount of vacation leave an employee is entitled to depends on their employer’s policy. Employers must comply with Minnesota’s vacation leave laws, which state that employers cannot force employees to use all of their vacation time in the year it is earned, unless the employer has a written policy that allows them to do so.
Sick Leave
Companies in Minnesota are not legally required to provide personal sick leave benefits. However, some employers are required to allow eligible employees to be absent from work under the federal Family Medical Leave Act or provisions of the Minnesota Pregnancy and Parental Leave Law.
The law does not require that sick leave be paid. Minnesota’s sick leave laws and regulations state that employers with at least 21 employees must allow all eligible employees to take up to 12 weeks off for pregnancy, childbirth, bonding with a new child, and prenatal care.
Holiday Leave
Employees in Minnesota are entitled to take time off for certain holidays. Minnesota’s state holidays include New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day.
While employers are not legally required to offer holiday pay, many do to incentivize employees to work during these holidays.
Jury Duty Leave
Minnesota’s laws for jury duty leave state that employers cannot fire or penalize an employee for serving on a jury. Employers are also required to pay employees for the first seven days of jury duty leave, however, the amount paid is based on the employee’s regular salary.
Voting Leave
Minnesota employees have the right to take time off to vote, but employers are not required to pay them for this time. Employers must allow employees to take time off to vote if the employee does not have sufficient time to vote outside of work hours and if the employee has given their employer sufficient notice.
Bereavement Leave
Minnesota’s bereavement leave laws allow employees to take time off to attend a family member’s funeral or handle end-of-life arrangements. Employers are not required to provide paid bereavement leave, but many do.
The amount of bereavement leave available to employees depends on their employer’s policy.
Rights and Responsibilities
Minnesota Family and Medical Leave
In Minnesota, eligible employees are entitled to take up to 12 weeks of leave in a 12-month period for serious health conditions, new child bonding, or qualifying exigencies. Employers are required to provide job-protected leave under the federal Family Medical Leave Act (FMLA) for specified family and medical reasons.
Continuation of health benefits must also be provided during the time an employee is on leave.
Small Necessities Law
The Small Necessities Leave Act (SNLA) in Minnesota protects the job of employees who need time off for emergency or unforeseeable reasons. Employers with 21 or more employees are required to give eligible employees up to 16 hours of unpaid leave per year for activities like attending a child’s school conference or meeting with a healthcare provider.
In certain cases, the employee can use their personal sick leave for SNLA purposes.
Family Military Leave
Minnesota law also protects employees who have family members serving in the military. Employees are allowed up to 10 days of unpaid leave to spend time with a spouse, child, or parent who is on leave from active duty.
Employers cannot retaliate against employees who take this leave, and it does not count against an employee’s other leave entitlements.
Frequently Asked Questions
What is personal leave of absence in Minnesota?
Which employers are required to provide personal leave of absence in Minnesota?
Are employers required to provide paid sick leave in Minnesota?
What are the eligibility requirements for personal leave of absence in Minnesota?
Can personal leave of absence be taken intermittently?
Conclusion
In Minnesota, employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. Employers are not required to provide personal sick leave benefits, but eligible employees may be absent from work under the Family Medical Leave Act or provisions of the Minnesota Pregnancy and Parental Leave Law.
However, any employer with at least 21 employees must allow all eligible employees to take up to 12 weeks off for pregnancy, childbirth, bonding with a new child, and prenatal care. The DFL-led Minnesota House passed a proposal requiring Minnesotans get paid time off of work if they’re sick or their safety is at risk, allowing employees to accrue up to 48 hours of paid time off per year, which could carry over if unused, but not exceed 80 hours in a single year.
