Human Resource Blog

Maternity Leave | Minnesota

	Attendance Management
Vacation Request / Response Form Weekly Time Sheets Attendance Calendar for 2008, 2009, or 2010 Annual Attendance Tracker Vacation Request Form for 2008, 2009, 2010 (Calendar) Detailed Absence Report

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

What does the law require regarding maternity leave. We are under 50 employees?

Only the state law applies in this case. According to the Minnesota Department of Labor & Industry, the Minnesota Parental Leave Act or PLA covers employers with 21 or more workers at any one site. The federal Family and Medical Leave Act or FMLA covers employers with 50 or more workers within 75 miles.

The Minnesota PLA is MN Statute 181.940

The Minnesota PLA requires employers to give workers up to 6 weeks of unpaid leave when the employee has a baby or adopts a child. Both fathers and mothers can take this leave.

In order to qualify for PLA leave, the employee must have worked for the employer at least 12 consecutive months. During that time, the employee must have averaged at least half the hours that a full-time person in that position would put in. Usually this means 20 hours per week, but it can vary if “full-time” employees in the same position work more than 40 hours, or less than 40 hours.

Under the state law, the employee must be returned to his or her same job after the leave ends. If the original job is not available, the employee is entitled to a job with the same pay, working conditions, benefits, seniority and status. Usually, this means the same job. Employees can work part-time during PLA leave without forfeiting the right to return to their full-time job when the leave ends.

Employees on unpaid PLA leave are entitled to continued health care coverage. However, the employee may be required to pay the entire health insurance premium, including any portion previously paid by the employer, during the leave.

The Minnesota PLA also entitles employees to use any earned sick time when a child is sick. It also permits employees to take up to 16 hours of unpaid leave per year to attend their children’s school activities, or conferences. This also applies to preschool and daycare. By law, employees may choose to use paid vacation time for this purpose instead, if they like.

The same law also requires employers to provide breastfeeding mothers with reasonable unpaid break time to express breast milk, although employers are not required to provide this time if doing so would seriously disrupt the business operations. Employers are also required to make reasonable efforts to provide a private area for this purpose, other than a toilet stall.