Paid Leave Updates - June 2024

Implementation Update

Minnesota will be the 13^th state to launch a statewide Paid Leave program. We’re committed to collaborating with other states to build on best practices from across the country.

This month, Minnesota Paid Leave Director Greg Norfleet had the opportunity to present at the Code for America Summit in Oakland, California about our implementation approach. He presented alongside Director Elliot Schreur of Maryland’s Family and Medical Leave Insurance (FAMLI) program and Nikki Lee, Director of Product for the New Practice Lab at the New America Foundation. The team presented on how collaboration across states can work for programs like Paid Leave, and touched on early findings related to the experience of health care providers.

Minnesota Paid Leave is partnering with New America Foundation on a project over the next several months to design experiences for medical leave and safety leave certification, with a focus on minimizing administrative burden and paving the way for easy access for applicants, health care providers, and community organizations that support those in need of safety leave.

Nikki Lee, from New America Foundation, Greg Norfleet, from Minnesota Paid Leave, and Elliot Schreur, from Maryland’s Family and Medical Leave Insurance program, presented together at the 2024 Code for America conference.

Hiring Spotlight

Consider joining our team! We are a start-up in state government and are actively hiring for leaders to deliver on the promises of the legislation.

• Paid Leave Executive Assistant (Apply by July 3, 2024)
• Deputy Chief Product Officer (Apply by July 8, 2024)
• IT Business Analyst – ITS3 (Apply by July 11, 2024)
• IT Senior Business Analyst – ITS5 (Apply by July 11, 2024)
• Manager of UI/UX Design (Apply by July 15, 2024)

You can always find our latest open roles on our website.

Rulemaking

The Minnesota Legislature passed Paid Leave into law in 2023 and directed the Minnesota Department of Employment and Economic Development (DEED) to administer and adopt rules necessary to carry out the Paid Leave program. Rulemaking in Minnesota follows procedures outlined in the Minnesota Administrative Procedure Act in Minn. Stat. Chap. 14.

We’ve hosted several rulemaking listening sessions to gather public comments on draft and potential rules and will continue to do so through July 8. A full schedule of these listening sessions is published on our website along with instructions on how to register.

The public can comment directly through the Office of Administrative Hearings website: Office of Administrative Hearings Comments On Rules (granicusideas.com). Comments received are public and will be available for review at the OAH Rulemaking eComments website.

Top Questions We're Hearing

• Is Paid Leave the same thing as Earned Sick and Safe Time?
  No. These are two different programs.
  
  The Earned Sick and Safe Time program is administered by the Minnesota Department of Labor and Industry and began January 1, 2024. Sick and safe time is paid time off employers must provide to employees in Minnesota that can be used for certain reasons, including when an employee is sick, to care for a sick family member or to seek assistance if an employee or their family member has experienced domestic abuse, sexual assault or stalking.
  
  The Minnesota Paid Leave program begins January 1, 2026, and is overseen by DEED. Under Paid Leave, the state of Minnesota, not the employer, provides partial wage replacement and job protection to Minnesota workers who need time away from work to take care of their own serious health condition; care for a family member's serious health condition; bond with a new child; support a family member who has been called to active military duty; or seek help for themselves or a family member due to domestic violence, sexual assault or stalking.
  
  Here is a more detailed comparison of the two programs (PDF).

• Is Paid Leave the same thing as Family and Medical Leave Act (FMLA) leave?
  No. The Family and Medical Leave Act (FMLA) is a federal program administered by the US Department of Labor’s Wage and Hour Division. FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage. The leaves may be taken concurrently, but the requirements for FMLA and Paid Leave are different.
  
  Paid Leave is a state program administered by the Minnesota Department of Employment and Economic Development. Paid Leave requires most employers in Minnesota to offer job protected leave for qualifying events to eligible employees. The Paid Leave program also offers partial wage replacement for employees during their absence based on their earnings in the preceding months.

• Will Paid Leave replace the existing Minnesota Parental Leave Act?
  No, Paid Leave does not replace the Minnesota Parental Leave Act (MPLA). However, employers may require that leave taken under the Paid Leave program run concurrently with leave taken for the same purpose under the MPLA.

• Can an employer make up the difference between partial and full wage replacement for an employee while they are on paid leave?
  Yes. Employers will be able to designate certain paid benefits like Paid Time Off, vacation and sick time as “supplemental benefits,” which would allow an employee to receive up to full salary continuation during their leave. The decision to offer supplemental benefits is completely up to the employer.

For More Information

You can find FAQs for employers, individuals, and families on our webpage here.

Still Have Questions?

If you have a Paid Leave question that isn’t yet answered on our website, please submit your question here.