The length of the leave may not exceed 12 weeks, unless otherwise agreed to by the employer, and must begin at a time requested by the employee. The employer may adopt reasonable policies governing the timing of requests for unpaid leave. The length of leave may be reduced by any period of paid parental or disability leave, but not accrued sick leave, provided by the employer so that the total leave does not exceed 12 weeks unless otherwise agreed by the employer. The employer may provide additional parental leave benefits. In the case of parenting leave taken in conjunction with the birth or adoption of a child, leave may begin anytime within 12 months after the birth or adoption of a child, or within 12 months after the child leaves the hospital, if the child remains in the hospital longer than the mother. The employer must not retaliate against an employee for requesting or obtaining a leave of absence, and must continue to make group insurance or health care coverage available to the employee during the leave. The employer is not required to pay the cost of the insurance or health care coverage while the employee is on leave of absence. If the leave is longer than one month, the employee must give the employer reasonable notice prior to returning to work. An employee returning from a leave of absence is entitled to return to employment in the former position or in a position of comparable duties, number of hours, and pay. Certain exceptions apply to situations where the employer experiences a layoff that would have affected the employee and to collective bargaining situations. Upon return to work, the employee is entitled to the rate of pay the employee was receiving at the time of the leave, plus any automatic adjustments in the employee’s pay scale that occurred during the leave period. The employee retains all accrued preleave benefits of employment and seniority. An employee who is injured by a violation of this law may sue for damages and to recover attorney’s fees, and may seek an injunction or other equitable relief from the courts. Employers or employees with questions about the interaction of federal and state parenting or family leave laws should seek professional advice. Sick Leave Benefits; Care of Relatives. (Minn. Stat. § 181.940) Minnesota employers are not required to provide sick leave benefit for their employees. However, employers who are covered by the Care of Relatives Act (that is, employers with 21 or more employees at one site) must allow eligible employees (employees who have worked at least half time for a covered employer at least 12 months prior to their request) to use any sick leave that is provided to care for their children (including biological, adopted, foster, or step-child), a spouse, sibling, parent, grandparent, or stepparent, and also mother-in-law, father-in-law, or a grandchild (including a step-grandchild and a biological adopted or foster grandchild) on the same terms upon which the employee may use sick leave for him or herself. An employer may limit the use of sick leave for an employee’s adult child, spouse, sibling, parent, grandparent, or stepparent to no less than 160 hours in a 12-month period. No limit may be placed on sick leave for a minor child. Employers who are covered by the federal Family and Medical Leave Act (FMLA) will have the added burden of coordinating FMLA leave and state Care of Relatives Leave when leaves of absence qualify under both laws.
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