Minnesota Leave Laws
No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
If employers grant vacation pay, paid time off or vacation pay constitutes “wages” for wage payment purposes (Minn. Stat. Ann. § 181.13).
Employers and employees may contract to the conditions under which employees receive accrued vacation wages in the form of paid time off or a payment (Lee v. Fresenius Med. Care, Inc., 741 N.W.2d 117, 124-126 (Minn. 2007)).
- Use-It-or-Lose-It Policy
The state of Minnesota has no statute governing the policy.
- Payment of Accrued Vacation on Termination
The employer’s policy determines what vacation pay is due (Minn. Stat. Ann. § 181.74; Minnesota Department of Labor & Industry: Labor Standards: Termination).
Sick and Safe leave
Safety Leave is provided for purposes of receiving or giving assistance because of sexual assault, domestic abuse or stalking.
The state of Minnesota has no statute governing vacation, sick, safe, PTO leave.
The following cities and municipalities have statute governing sick and safe leave:
- Duluth, Minnesota Paid Sick and Safe Leave Laws
It applies to all employers with 5 or more employees, including employees who work for the employer but outside the city and covers all employees who work in Duluth.
Employers are required to give 1 hour for every 50 hours worked. Carryover and accrual capped at 64 hours for the year. Employees are allowed to use a maximum of 40 hours of paid sick leave per year.
Sick leave covers the following reasons:
Employee’s or a family member’s illness, injury or condition; preventive care; maternity or paternity leave; reasons related to domestic violence, sexual violence, or stalking.
- Minneapolis, Minnesota Paid Sick, and Safe Leave Laws
Employers with 6 and more employees must provide employees with paid leave
Employers 5 or less must provide leave, but they can choose whether they want to pay it or not.
All employees must work a total of 80 hours in the year before they are entitled to leave, including employees of “non-resident” employers, who are entitled to accrue sick and safe time.
Employers are required to give 1 hour for every 30 hours worked. Accrual may be capped at 48 hours per year and an employer can place a maximum accrual cap of 80 hours. These two limits operate simultaneously. These limits may be higher if an employer chooses, but not lower.
Sick leave covers the following reasons:
In addition to Duluth: unexpected school or daycare closure
- St. Paul, Minnesota Paid Sick and Safe Leave Laws
It applies to all employers with employees who worked for them 80 hours or more within one year in St. Paul.
Employers are required to give 1 hour for every 30 hours worked. Frontloading is permitted. The annual accrual cap is 48 hours. Employees are allowed to use a maximum of 48 hours of paid sick leave per year.
Sick leave covers the following reasons: The same as in Minneapolis.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Minnesota has the following laws regarding Maternity and Paternity Leave:
The Minnesota Human Rights Act provides protection against discrimination based sex, including pregnancy, childbirth, and disabilities related to pregnancy or childbirth. The Act ensures that conditions related to pregnancy and childbirth are treated in the same way as any other disability.
The Minnesota Pregnancy and Parental Leave Act
Employers with 21 or more employees on any one site are required to provide employees with 12 weeks of unpaid leave due to pregnancy, childbirth, parental care on any other related medical conditions.
Employees must work for the employee at least for 12 months or average number of hours per week equal to the one half of required of a full-time equivalent position for 12 months.
Employees are allowed to take any sick leave, including safety leave, provided by the employer.
Parents who take leave for purposes related to adoption have the same rights as biological parents.
The act provides job protection and requires employers to provide reasonable accommodation.
Jury Duty Leave
Minnesota leave laws do not require employers to pay employees any wages for the time spent complying with a jury summons or serving on a jury but have to provide employees unpaid leave to perform their jury duties.
An employer may not discharge, threaten, coerce, or penalize an employee for complying with a jury summons or serving on a jury.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Minnesota law requires employers to permit employees to take off, with pay, the time needed to vote in an election. An “election” is specifically defined as “a regularly scheduled state primary or general election, an election to fill a vacancy in the office of United States senator or United States representative, or an election to fill a vacancy in the office of state senator or state representative.” An employer that does not permit an employee to take paid voting leave as required commits a misdemeanor.
Minnesota law provides employment protections for Minnesota and U.S. military members, in addition to Uniformed Services Employment and Reemployment Rights Act.
- National Guard members are entitled to up to four years of unpaid leave to engage in active military service during times of state-declared emergencies.
- Employers must grant up to 10 working days of unpaid leave to an employee who is an immediate family member of a member of the U.S. armed forces that has been injured or killed while engaged in active service.
- Employers must grant up to one day per calendar year of unpaid leave to an employee who is an immediate family member of a member of the U.S. armed forces that has been ordered to active service.
- Nondiscrimination protections for all military service members and their families.