Jan. 31, 2018

Pregnancy and parental leave in Minnesota

Did you know state law requires Minnesota employers that have at least 21 workers employed at one worksite to provide those workers with pregnancy and parental leave? The law grants employees up to 12 weeks of unpaid leave for pregnancy, birth or adoption of a child. Here are some helpful employer tips about this important requirement.

Who qualifies for pregnancy or parental leave? 

Employees who:

• have been employed by the employer for at least 12 months; and
• have worked at least half-time during the 12 months preceding the leave.

And employees who are:

• biological or adoptive parents in conjunction with the birth or adoption of a child; or
• female employees, for prenatal care, incapacity due to pregnancy, childbirth or related health conditions. 

Is there a time limit for pregnancy and parental leave?

• Employers must grant 12 weeks of leave for absence due to pregnancy, childbirth or adoption.
• The length of the leave shall be determined by the employee, but must not exceed 12 weeks, unless agreed to by the employer.
• The leave shall begin at the time requested by the employee, but must start within one year of the birth or adoption of the child.

More employer guidelines for pregnancy and parental leave

• Employers must continue to make health insurance coverage available to the employee while the employee is on leave.
• Employers are not required to pay the costs of health insurance coverage while the employee is on leave.
• Employers are not required to offer paid pregnancy and parenting leave under Minnesota Statutes section 181.941.
• Employers may not retaliate against an employee for requesting or obtaining pregnancy and parental leave.
• Employers may limit pregnancy and parental leave if the employee uses federal Family and Medical Leave Act (FMLA) leave for the same purpose.

Questions?

Labor Standards serves the citizens of Minnesota by providing 
information about the state's wage, hour and employment laws.

 Phone:  (651) 284-5070 or 1-800-342-5354
Email:  dli.laborstandards@state.mn.us 
Web:  www.dli.mn.gov/LaborLaw.asp

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