What You Need to Know About Taking Family Leave in Minnesota
Taking medical or family leave can be a stressful situation for an employee regardless of the circumstances in which they can take their; ave. For an employee to take their leave, it is best for them to be aware of the state and federal statutes relating to taking leave. Here is everything you need to know about taking family leave in Minnesota.
The Family and Medical Leave Act
According to the US Department of labor, the family and medical leave act allows eligible employees of current employers to be able to take unpaid job protective leave. Employees are allowed to take this leave for specific family and medical reasons.
Related: Minnesota Sick Leave Laws: Time Off Work
Employees are entitled to:
- If a child has been born, they will be allowed to care for the newborn child within a year of its birth
- If an employee‘s child or parent who has a serious health condition needs to be taken care of
- If an employee is about to receive a child for adoption or through foster care, they have within the year of placement
- If the employee has a serious health condition that makes it unable for them to perform essential functions of their job
- If a close relative is a covered military member on covered active duty, and a qualifying exigency arises.
Minnesota law states that if an employer has at least 50 employees for at least 20 weeks, then the employees are entitled to the family and medical leave act.
In order for an employee to receive and be eligible for family medical leave they must have the following:
- They have to wear have worked for the company for at least a year
- During the last year, they have to have worked at least 1250 hours
- The location where they work has to have at least 50 employees that are within a 75-mile radius
Related: Work Injury Statute of Limitations By State
Is Family Leave Paid in Minnesota?
Leave under the family medical leave act is unpaid. Employees are allowed to use their accrued pay leave during the family medical leave act to leave, however, it does not have to be paid by the company. By the time the employees leave, they are entitled to be reinstated to the same or at least an equivalent position
FAQs about taking family leave in Minnesota
After being reinstated to my job after I take leave, am I still entitled to benefits?
An employer is not allowed to retaliate after you request or take a leave. This means that employees after returning from taking leave, are entitled to the same benefits in the same position that they had earned before they took leave. Health insurance that was provided by your employer must also be continued during pregnancy and parental leave.
Is parental leave able to count against paid leave?
If an employee does have paid leave, the amount can be reduced so that way the total tleave is not over 12 weeks
If you return to work during the leave as a part-time employee, does that mean you will not be able to return to full-time employment?
If you return as a part-time employee during the leave, you are still allowed to return as a full-time employee by the end of relief. It is considered to be retaliation if your employer does not reinstate you to a full-time position at the end of your leave.
Contact Us
If you or a loved one would like to learn more about Taking Family Leave Minnesota, get your free consultation with one of our Family Law Attorneys in Minnesota today!