Minnesota Leave of Absence (FMLA) laws & HR compliance analysis

Minnesota Leave of Absence (FMLA): What you need to know

Minnesota provides family and medical leave protections to both public and private employees through its Pregnancy and Parental Leave Act (MN Stat. Sec. 181.940 et seq.).
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All employers of 21 or more employees at one site are covered by Minnesota's Parental Leave Act. However, for purposes of the school leave allowed under the Act, an employer means a person or entity that employs one or more employees in Minnesota.
An employee is eligible for leave under the Act if he or she performs services for hire for the employer for at least 12 months preceding the request.
The employee must also perform services for hire for the employer for an average number of hours per week equal to one-half the full-time equivalent position in the employee’s job classification as defined by the employer’s personnel policies or practices or pursuant to the provisions of a collective bargaining agreement during the 12-month period immediately preceding the leave.
Independent contractors are not covered by the Act.
Parental leave may be taken for the birth or adoption of a child, prenatal care, pregnancy, childbirth, or related health conditions. The Minnesota law also provides leave for working parents to visit school and early childhood programs.
An employee may use personal sick leave benefits for absences due to a covered family member's illness or injury and for "safe" leave associated with sexual assault, domestic abuse, or stalking.
A child means an individual under 18 years of age or under the age of 20 who is still attending secondary school.
Pregnancy, birth, or adoption leave. An employee may take an unpaid ...

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