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FMLA MN New Law

May 28, 2024

Minnesota’s New Paid Family and Medical Leave: Key Highlights for 2026 

Minnesota is set to introduce a significant enhancement to its employment law by implementing paid family and medical leave starting in January 2026. This change follows the 2023 legislative session’s approval of a new system providing partial wage replacement for various types of leave. Here’s a brief overview of what employees and employers in Minnesota can expect: 

Overview of the New Paid Leave Program 

To qualify for sick and safe time, an employee must: 

  • Eligibility and Duration: Eligible employees can receive paid leave for 12 to 20 weeks within a 52-week period. This applies to personal medical leave, bonding with a new child, caring for a family member, safety-related leave, or exigencies related to military deployment. 
  • Coverage: Unlike the federal FMLA, which applies only to larger employers, Minnesota’s law will cover employers of all sizes, expanding access to many more employees across the state. 

Types of Leave Covered 

  • Medical and Health Conditions: Includes serious health conditions requiring inpatient care or ongoing treatment by a healthcare provider. 
  • Bonding Leave: Available for parents following the birth, adoption, or foster care placement of a child, usable within 12 months of the birth or placement. 
  • Family Care: Employees may take leave to care for a broad range of family members with serious health conditions, reflecting a more inclusive definition of family compared to the federal FMLA. 
  • Safety Leave: Pertains to circumstances involving domestic abuse, sexual assault, or stalking, covering medical care, legal proceedings, and safety measures. 
  • Military Exigencies: Supports families of military personnel called to active duty, covering a range of activities from financial planning to post-deployment activities. 

Key Features 

  • Intermittent Leave: Minnesota’s program allows for intermittent leave, with some limitations to ensure minimal disruption to employers. 
  • Premiums and Benefit Payments: Employers and employees share the cost through premiums, with benefits calculated based on a percentage of the employee’s wages. 

Employer and Employee Preparations 

Employers need to adjust their policies and prepare for changes in workflow to accommodate new types of leave. Employees should familiarize themselves with the new benefits and understand the requirements for qualifying and applying for leave. 

Looking Ahead 

As Minnesota prepares to roll out these changes, further regulations will likely clarify specific aspects of the program. Both employers and employees would benefit from staying informed about these developments to make the most of the new system. 

Notice 

This blog serves as an informational summary of Minnesota’s forthcoming paid family and medical leave policy. For specific scenarios and legal advice, consulting with an attorney is recommended.