Family Medical Leave Act

While many people have heard of the federal Family and Medical Leave Act (FMLA), most are surprised to learn that Minnesota has a companion state law, the Minnesota Parental Leave Act. Although both laws give rights in certain circumstances, there are several critical differences. Both employees and employers should be aware of rights and responsibilities contained within both laws. Our attorneys can help with interpreting the laws, working with employees/employers to achieve compliance, and pursuing a remedy  in the event of noncompliance. Although certainly not an exhaustive list, here’s a brief overview of the laws:

• Employer Applicability
  • Federal: All state, local and federal public-sector employers and private-sector employers with 50 or more employees
  • State: Employers with 21 or more workers at any one site
• Employee Applicability
  • Federal: Employees who have been employed with a qualifying employer for the past 12 consecutive months and have worked a minimum of 1,250 hours during the previous 12 months
  • State: Employees who have been employed with a qualifying employer for at least 12 consecutive months, and for an average of one-half the full-time equivalent position in the employee’s job classification during those 12 months
• Amount of Leave
  • Federal: Twelve weeks unpaid leave in a 12-month period as selected by the employer in an FMLA policy
  • State: Six weeks unpaid leave
• Reasons for Leave
  • Federal: Birth, adoption, foster care placement, serious medical condition
  • State: Birth and adoption

Members of the U.S. armed services may have additional leave rights under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).