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In addition to rights under the federal Family and Medical Leave Act (FMLA), employees in the state of Minnesota are protected by state laws that provide for parenting leave as well as organ donation leave. The other sections of this article contain a summary of these state laws.

If you are considering taking leave, it is advisable to consult with your Human Resource Office for additional details - preferably with a supervisor to help assure accuracy of the information you receive.

For additional information, see:

Parenting Leave

Who Is Eligible?

All employees who:

  1. Are employed by an employer who employs 21 or more employees at at least one of the employer's work sites;
  2. Have worked for their employer for at least 12 consecutive months; and
  3. Have worked the number of hours per week (averaged) equivalent to a half-time position.

How Much Leave Can I Take?

You may receive up to 6 weeks of unpaid leave (unless more time is agreed to by your employer).

What Is A Legitimate Reason for Leave?

You may take family leave in conjunction with the birth or adoption of your child. You must begin your leave no more than 6 weeks after the birth or adoption of the child. Exception: If the child must remain in the hospital longer than the mother, then leave must commence no later than 6 weeks after the child leaves the hospital.

What If I Need Leave To Care For My Child Later On?

In addition to the 6 weeks of leave provided in conjunction with the birth or adoption of a child, the state permits employees to use their own accrued sick leave to care for their children's illnesses or injuries. You may do so for "reasonable periods" of time as is necessary for the care of your child.

What Happens To My Benefits While On Leave?

Your employer must continue to make insurance coverage available to you. However, your employer is not required to pay the cost of your insurance while you are on leave.

Will My Job Be Protected While On Leave?

Upon returning from leave, you are entitled to return to your former position or a position with comparable duties, number of hours, and pay.

Organ Donation Leave

Who Is Eligible?

All employees who:

  1. Are employed by an employer who employs 20 or more employees at at least one of the employer's sites, and
  2. Have worked an average of 20 or more hours per week.

How Much Leave Can I Take?

The amount of leave may not exceed 40 work hours unless your employer agrees to a greater amount.

What Are Legitimate Reasons for Leave?

You may take leave if you are donating an organ or bone marrow to another person.

Is A Doctor's Note Required?

Your employer may require that a physician verify the purpose and length of the requested leave.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY