Wage and Hour Bulletin
February 2026
Job protections under Minnesota Paid Leave
Minnesota's Paid Leave program began Jan. 1, providing payments and job protections for family and medical leave.
The Department of Employment and Economic Development (DEED) administers Paid Leave, including applications and payments. The Department of Labor and Industry (DLI) ensures employees' jobs and health insurance coverage are protected while on Paid Leave, among other protections.
Employers are prohibited from retaliating or interfering if an employee applies for, uses or otherwise exercises rights under Paid Leave and DLI enforces these protections to promote fair workplaces statewide.
Employer responsibilities
- Do not retaliate or interfere with Paid Leave applications, use or other rights under Paid Leave.
- Continue paying your share of insurance benefits for the employee and any dependents during leave.
- Reinstate employees to the same or a similar position after leave.
- Do not require employees to waive Paid Leave rights or repay Paid Leave benefits.
-
Paid Leave premium deductions from employees' wages must not:
- be more than .44% of wages for 2026; or
-
reduce employees' wages below the applicable minimum wage.
- Your employer cannot interfere with or retaliate against you if you apply for, use or otherwise exercise rights under Paid Leave.
- Your employer must continue insurance benefits during your leave for you and your dependents.
- You must be reinstated to the same or a similar job after leave. Reinstatement rights generally start 90 days after your date of hire but may start sooner under certain circumstances.
|
2025: A year of record success with wage claims
Wage claims are an informal resolution process to help employees recover unpaid wages. Wage claims often arise when an employer fails to pay final wages. In 2025, Labor Standards recovered $1,977,260.98 for workers via wage claims, up from $1,144,240.76 in 2024. Labor Standards also reduced the average time to close a wage claim and increased the overall success rate. These results reflect DLI’s commitment to protecting workers’ rights and improving efficiency.
New interactive guide: How to file a wage claim
Our step-by-step online guide makes filing a wage claim quick and easy.
Front loading versus accrual: How earned sick and safe time carryover works
Employers have options for providing earned sick and safe time (ESST). The method you choose (accrual or front loading) determines whether unused hours carry over into the next year.
Option 1: Accrual and carryover
- Employees accrue ESST from their first day of employment.
- The accrual rate is at least one hour for every 30 hours worked.
- The minimum accrual is 48 hours a year (or more if allowed).
- Unused hours carry over, but total ESST cannot exceed 80 hours unless the employer allows more.
Option 2: Front loading with payout
- Provide at least 48 hours of ESST at the start of the year.
- Pay out unused hours at year-end at the employee's base rate.
- There is no carryover of unused hours.
Option 3: Front loading without payout
- Provide at least 80 hours of ESST at the start of the year.
- Unused hours are not paid out and do not carry over.
Bottom line: Accrual allows flexibility and carryover; front loading reduces administrative tasks and eliminates carryover. Choose the option that fits your organization's needs and ensures compliance.
|
Attend our next webinar
In anticipation of March as International Women's Month, we invite you to join our next webinar on March 11, "Supporting women in the workplace: Understanding Minnesota's economic security protections."
February marks Black History Month
This month, we honor the strength and achievements of Black workers who have shaped our workplaces and communities. Their fight for fairness and equality reminds us why job protections and labor standards matter. Together, we continue building a future where every worker is treated with dignity and respect.
|
February featured case
A minor employee was seriously injured when his finger was crushed while operating a log splitter. DLI's investigation revealed five minors under the age of 18 were employed in hazardous work in violation of Minnesota child labor laws. As a result, penalties totaling $10,000 were assessed $1,000 for each of the five minors working in hazardous employment and an additional $5,000 for the injury sustained by one minor.
This case underscores the critical importance of prohibiting minors from working in hazardous environments that can lead to severe or permanent injuries.
Question of the month
What is a "year" for purposes of the ESST law?
A "year" means any consecutive 12-month period determined by the employer and clearly communicated to employees. Common options include:
- calendar year (Jan. 1 through Dec. 31);
- employee’s anniversary date.
Wage and Hour Bulletin archive
Access past editions of the Wage and Hour Bulletin.
Questions?
Labor Standards serves the people of Minnesota by providing
information about the state's wage, hour and employment laws.
Phone: 651-284-5075 or 800-342-5354
Email: dli.laborstandards@state.mn.us
Website: dli.mn.gov
|
