Minnesota’s paid leave laws are recent additions, with its Earned Sick and Safe Time Law taking effect on Jan. 1, 2024, and its Paid Leave Law taking effect on Jan. 1, 2026. Below are some of the main elements of each law.
Paid Sick Leave
Covered Family Member
The following are covered family members:
- Child, spouse, registered domestic partner, sibling, stepsibling, foster sibling, parent, grandchild, foster grandchild, step-grandchild, grandparent, step-grandparent, or sibling-in-law
- Any individual related by blood whose close association is the equivalent of a family relationship
- Individual annually designated by the employee
“Child” includes foster child, adult child, legal ward, child whom employee is legal guardian, child whom the employee stands or stood in loco parentis, child of a sibling of employee, or child-in-law.
“Parent” includes biological, adoptive, foster parent, stepparent, or person who stood in loco parentis when the employee was a minor child, or sibling of the employee’s parents.
A covered family member also includes any of the above family members of the employee’s spouse or registered domestic partner.
Eligible Reasons for Use
The eligible reasons employees can use sick leave include:
- The employee’s mental or physical illness, treatment, or preventive care
- To care for a family member’s mental or physical illness, treatment, or preventive care
- To make arrangements for or attend funeral services or a memorial, or address financial or legal matters that arise after the death of a family member
- To obtain medical attention, services from a victim services organization, psychological or other counseling, relocation, or legal advice due to domestic abuse, sexual assault, stalking of the employee or a family member
- Closure of employee’s workplace due to weather, public emergency, family member’s school, care facility due to weather or public emergency
- Employee’s inability to work or telework because the employee is prohibited from working by the employer due to a health concern related to the potential transmission of a communicable illness related to a public health emergency, or is seeking or awaiting the results of a medical diagnosis or test due to exposure to a communicable disease related to a public health emergency
- When it is determined by a health authority or health care professional that the employee or family member is at risk of infecting others with a communicable disease
Date Accrual Begins
At start of employment.
Accrual Rate
1 hour for every 30 hours worked.
Max Accrual Cap
48 hours per year with an overall max accrual cap of 80 hours.
Waiting Period Before Use
Employees may use earned sick and safe time as accrued.
Paid Family & Medical Leave
Covered Employee
Any individual who performs services for a private or public employer, except for employees of the U.S. government, self-employed individuals, independent contractors, or seasonal employees, may be eligible for paid family and medical leave.
Covered Family Member
A covered family member includes an employee’s:
- Spouse or domestic partner
- Child, including a biological, adopted, or foster child, stepchild, or child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent
- Parent or legal guardian of the employee, including the biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse, or an individual who stood in loco parentis to the employee when the employee was a child
- Grandparent or the spouse’s grandparent
- Son-in-law or daughter-in-law
- An individual who has a relationship with the employee that creates an expectation and reliance that the employee care for the individual, whether or not the employee and the individual reside together
Eligible Reasons for Leave
Eligible employees may take PFML due to a serious health condition, a qualifying exigency, safety leave, family care, bonding, or medical care related to pregnancy. Bonding leave may only be taken in the first 12 months after birth or placement.
Weeks Allowed Per Type of Leave
Eligible individuals are entitled to a maximum of 12 weeks of family leave or 12 weeks of medical leave in a single benefit year. If an employee uses both medical and family leave within a single benefit year, they are only entitled to an overall leave maximum of 20 weeks total for the benefit year. A benefit year is the 12-month period that starts when paid family leave is first taken by an individual.