Starting on January 1, 2026 (unless something changes), the Minnesota Paid Leave Law will go into effect. A few of the more common questions are answered here:
Q: What is Paid Leave?
A: The Minnesota Paid Leave Law entitles employees to take paid time off – up to 12 weeks – for (1) a serious health condition; or (2) bonding, safety leave, family care, or qualifying exigency. Employees may take up to 12 additional weeks – but not to exceed 20 weeks – for whichever of these categories has not been used during the benefit year.
Q: Who pays for this?
A: The Paid Leave benefit is paid through the state, much like how unemployment insurance is paid. Employees will need to apply for this benefit through the state. Employers pay a tax (and can split this tax with employees) to fund the program.
Q: I am a small business and need my employees to be at work. Do I really need to comply with this new law?
A: Probably yes. The Minnesota Paid Leave Law applies to nearly every employer. There are exceptions, so if you think you have a unique situation, you may want to speak with an attorney about that.
Q: Are all employees entitled to take Paid Leave?
A: For the most part. There are exceptions for independent contractors and certain workers who do the majority of their work outside of Minnesota, among a few other exceptions, but nearly all employees are covered under the Minnesota Paid Leave Law. Again, if you think you have a unique situation, you may want to speak with an attorney about that.
Q: If an employee is also entitled to FMLA or Parental Leave, may I require that any leave taken under the Minnesota Paid Leave Law run concurrently?
A: Yes, but first make sure that the leave qualifies as FMLA leave or Parental Leave. For example, the definition of family member is much more expansive under the Minnesota Paid Leave Law than under FMLA, so an employee’s leave under this new law may not qualify as FMLA leave (for example, employees may take Paid Leave to care for an aunt, but that leave would not qualify as FMLA leave).
Q: Should I update my employee handbook to include Paid Leave?
A: Yes! But additional guidance may be coming out from the state, so it is recommended that handbook updates be done in early Fall.
This content is for informational purposes only and does not constitute legal advice. Laws are constantly changing and the above information may be out of date or no longer in force. You should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the user’s jurisdiction.
