FMLA Laws in Minnesota (2026): Big Changes Are Coming
Most people think FMLA is just federal law. But here’s the thing: Minnesota is shaking things up in 2026. The state just launched its own paid leave program that changes everything.
Let’s break down what you actually need to know.
What Is FMLA?
The Family and Medical Leave Act is a federal law. It gives certain workers the right to take unpaid time off for specific reasons. Your job stays protected while you’re gone.
Federal FMLA has been around since 1993. It covers things like having a baby, getting sick, or caring for a family member. But honestly, the unpaid part is a problem for a lot of people.
That’s where Minnesota’s new law comes in.
Federal FMLA Basics in Minnesota
Okay, let’s start with what’s been the law for years.
Federal FMLA applies if your employer has 50 or more workers. You need to have worked there for at least 12 months. You also need 1,250 hours of work in the past year.
Not everyone qualifies. That’s actually a big deal.
What Federal FMLA Covers
You can take up to 12 weeks of unpaid leave each year. The reasons include having or adopting a baby, caring for a seriously ill family member, or dealing with your own serious health condition.
The leave is job-protected. Your employer has to hold your position or give you something similar. They also keep your health insurance going.
But remember, it’s unpaid. That’s the catch most people struggle with.
Who Counts as Family?
Federal FMLA is pretty narrow here. It covers your spouse, kids, and parents. That’s basically it.
No in-laws. No grandparents. No siblings.
This matters when we talk about Minnesota’s new law. Trust me, this one’s important.
Minnesota’s Game-Changing Paid Leave Program
Hold on, this part is essential.
On January 1, 2026, Minnesota launched a brand new program. It’s called Minnesota Paid Leave, and it’s honestly a huge shift. Unlike federal FMLA, this one actually pays you while you’re out.
Wondering if this applies to you? It probably does.
Who’s Covered?
Nearly every Minnesota worker gets covered. Full-time workers, part-time workers, and most seasonal workers all qualify. Your employer’s size doesn’t matter one bit.
There are a few exceptions. Federal government employees don’t qualify. Independent contractors aren’t covered automatically, but they can opt in. Tribal Nations employees are also excluded unless they choose to participate.
If you work in Minnesota, you’re probably covered. Pretty straightforward.
What You Need to Qualify
You need to have earned at least $3,700 in the past year. You also need to work at least 50% of your hours in Minnesota.
That’s it. Seriously.
No minimum hours per week. No requirement to work for one employer for a full year. You could switch jobs three times and still qualify if you meet those two rules.
Way easier than federal FMLA, right?
Types of Leave You Can Take
Minnesota’s program covers two main categories. Let’s break them down.
Medical Leave (12 Weeks)
You can take up to 12 weeks for your own serious health condition. This includes pregnancy and childbirth. It also covers chronic conditions like diabetes or mental health issues.
Recovery from surgery counts. So does ongoing cancer treatment.
Basically, if a doctor says you can’t work, this probably covers it.
Family Leave (12 Weeks)
This is where it gets interesting.
You get up to 12 weeks for bonding with a new baby. This includes birth, adoption, or foster placement. Both parents can take this time.
You can also take leave to care for a family member with a serious health condition. And here’s what surprised me: the definition of “family member” is way broader than federal FMLA.
Minnesota includes in-laws, grandparents, grandchildren, and siblings. Even stepchildren and foster kids count.
Safety Leave
You can take time off for issues related to domestic violence, sexual assault, or stalking. This applies if you or a family member is dealing with these situations.
Many people don’t realize this is included. It totally is.
Military Leave
If a family member gets called to active military duty, you can take time off. You can also help them prepare for deployment.
This one’s probably the most important for military families.
The Total: 20 Weeks Maximum
Now here’s where people get confused. Let me break it down.
You can take 12 weeks of medical leave. You can also take 12 weeks of family leave. But the total combined can’t exceed 20 weeks in a benefit year.
So you could take 12 weeks for your own health and 8 weeks for family leave. Or 10 weeks for medical and 10 weeks for family. The combinations are flexible.
You just can’t go over 20 total. Makes sense, right?
How Much Money Do You Get?
Okay, pause. Read this carefully.
Minnesota’s program pays you a portion of your regular wages. It’s usually between 55% and 90% of what you normally make. The exact amount depends on your income level.
Lower-wage workers get a higher percentage. Higher-wage workers get a lower percentage. The state designed it to help people who need it most.
Your employer doesn’t pay you directly. The state does. This is important because it means you’re not relying on your boss to be generous.
You get these payments as long as you’re on approved leave.
How Paid Leave and FMLA Work Together
This confuses a lot of people. You’re not alone.
Here’s the deal: if your leave qualifies for both programs, they run at the same time. This is called “concurrent” leave.
Let’s say you have a baby. That qualifies for both federal FMLA and Minnesota Paid Leave. You don’t get 12 weeks of FMLA plus 12 weeks of Paid Leave. You get 12 weeks total, but it’s paid instead of unpaid.
When They Don’t Overlap
But wait, it gets better.
Remember how Minnesota’s family definition is broader? If you need to care for your mother-in-law, that qualifies for Minnesota Paid Leave but not federal FMLA.
So you could use your Minnesota leave for that. Then if you get sick yourself later, you might still have federal FMLA available. This gets complicated fast, honestly.
The key thing is: Minnesota’s program gives you more options.
Job Protection Rules
Your job stays protected while you’re on leave. But there are some rules.
The 90-Day Rule
Under Minnesota Paid Leave, job protection kicks in after 90 days of work. Before that, you can still get the money, but your employer doesn’t have to hold your job.
Most people qualify for job protection. Just know there’s a waiting period.
Health Insurance Continues
Your employer has to keep your health insurance active. You still pay your normal share of the premium. But they can’t drop your coverage just because you’re on leave.
This applies to federal FMLA and Minnesota Paid Leave. Don’t worry, this works.
Your Position When You Return
When you come back, your employer has to give you your old job back. Or they can give you something equivalent with the same pay and benefits.
They can’t demote you. They can’t cut your pay. They can’t change your shift to punish you for taking leave.
That’s the law. Literally.
How to Take Leave
Let’s talk about the actual process.
Federal FMLA Steps
First, tell your employer you need leave. Do this as soon as you know you’ll need it. If it’s an emergency, let them know within a day or two.
Your employer will ask for medical certification. This is basically a form your doctor fills out. It proves you need the leave.
Give them the paperwork. They have five days to tell you if your leave is approved.
Minnesota Paid Leave Steps
For Minnesota’s program, you apply directly with the state. You don’t just ask your boss. You go through the Minnesota Department of Employment and Economic Development.
You’ll need medical certification here too. Your doctor or a service provider fills out forms saying you need the time off.
The state reviews your application and decides if you qualify. If approved, they send payments directly to you. Your employer doesn’t handle the money.
Hold on, this part is important: you can apply up to 30 days before you need leave. Don’t wait until the last minute.
Intermittent Leave
You don’t have to take all your leave at once. You can take it in chunks.
Maybe you need every Friday off for ongoing treatment. Or you need a few hours here and there for doctor appointments. That’s called intermittent leave, and it’s totally allowed.
There’s a limit though. For medical leave, you can take up to 480 hours intermittently per year. After that, you might need to switch to continuous leave.
Your employer can ask you to schedule intermittent leave in advance when possible. Be reasonable about this.
Who Pays for This Program?
Good question.
The Premium Split
Minnesota’s program is funded by payroll premiums. Think of it like insurance. For 2026, the rate is 0.88% of your wages.
Employers pay at least half. That’s 0.44%. They can pay more if they want, but 50% is the minimum.
The other half can come from your paycheck. So you might see a deduction of up to 0.44% of your wages. It’s not huge, but it’s there.
Small Business Break
If your employer has fewer than 30 workers, they might pay less. The state offers reduced rates for small businesses. Employees still pay their share though.
This helps keep small businesses from getting crushed by the new law.
Premium Payments
Employers started collecting premiums on January 1, 2026. The first actual payment to the state was due April 30, 2026.
If you’re an employee, you just see a line item on your paycheck. Your employer handles the rest.
Employer Requirements
Now here’s where things get serious for businesses.
Notice Requirements
Employers had to notify all workers by December 1, 2025. They had to post a notice in the workplace and give everyone individual written notice.
The notice explains the program and how to apply. It’s basically an info sheet about your rights.
If your employer didn’t do this, that’s a problem. They could face penalties starting at $50 per employee. Repeat violations go up to $300 per employee.
Cannot Require Other Leave First
Your employer can’t force you to use vacation time or sick days before taking Paid Leave. That’s not allowed.
You can choose to use them together to “top up” your pay. But it’s your choice, not theirs.
This is actually really important. Some employers don’t know this rule yet.
Retaliation Is Illegal
Employers can’t punish you for taking leave. They can’t fire you, demote you, or treat you worse because you used this benefit.
If they do, they’re breaking the law. Period.
Penalties for Violations
Let’s talk consequences.
For Employers
If an employer violates the law, penalties range from $1,000 to $10,000 per violation. That’s per violation, not per employee.
Retaliation is taken seriously. If they fire someone for taking leave, that’s a major violation. The fines can add up fast.
Employees can also sue. If you win, you can get damages and your attorney’s fees covered.
For False Statements
If an employer lies on their reports, they face a penalty of $500 or 50% of any overpaid or underpaid benefits. Whichever is greater.
The state doesn’t mess around with fraud. Honestly, this makes sense.
Special Situations
A few scenarios deserve attention.
If You Had a Baby in 2025
Wait, this one’s interesting.
If you had a baby in 2025, you can still take bonding leave in 2026. The rule is that bonding leave must be completed within 12 months of the birth, adoption, or placement.
So a baby born in March 2025 means you can take leave until March 2026. Both parents can each take up to 12 weeks.
You could potentially “double dip” if you had unpaid leave in 2025 and now take paid leave in 2026 for the same event. This is allowed.
Remote Workers
If you work remotely for a Minnesota company, you’re covered as long as you work at least 50% of your time in Minnesota. Your physical location matters, not where your employer is based.
Even if your company is headquartered in California, you get Minnesota Paid Leave if you’re sitting in Minneapolis while you work.
Pretty cool, right?
Multiple Jobs
Your wages from all Minnesota employers count. So if you work two part-time jobs, those wages add up toward the $3,700 minimum.
Benefits are portable. You don’t lose eligibility just because you switch jobs. Your past wages still count toward qualification.
Short-Term Disability
If you have short-term disability insurance through work, it usually becomes secondary to Minnesota Paid Leave. This means Paid Leave pays first. Your disability insurance might pay the difference.
Check with your employer about how their disability plan coordinates with Paid Leave. The details vary by policy.
Workers’ Compensation
You can’t get both workers’ compensation and Paid Leave for the same injury at the same time. Workers’ comp takes priority.
If you’re injured on the job, go through workers’ comp first. Once that ends, you might be able to use Paid Leave if you need more time.
How to Report Violations
If you think your employer isn’t following the law, you have options.
Contact the State
You can file a complaint with the Minnesota Department of Employment and Economic Development. They handle enforcement for Paid Leave.
Visit their website or call their hotline. They’ll investigate your complaint.
For federal FMLA violations, contact the U.S. Department of Labor Wage and Hour Division. They have an office in Minneapolis.
Legal Action
You can also hire a lawyer and sue. If your rights were violated, you might get back pay, damages, and attorney’s fees.
Don’t assume you can’t afford it. Many employment lawyers work on contingency, meaning they only get paid if you win.
Document Everything
Before you do anything, start keeping records. Save emails, texts, and any written communication about your leave.
Write down conversations you have with managers. Note dates, times, and what was said. This evidence matters if things escalate.
Planning Ahead
Let me give you some practical advice.
Know Your Rights
Read up on both federal FMLA and Minnesota Paid Leave. Don’t rely on your employer to tell you everything. Seriously, some of them are still learning this stuff too.
The state has a website with all the details. Bookmark it.
Apply Early
Don’t wait until the last second. You can apply up to 30 days before you need leave. Give yourself time for the paperwork to process.
The state needs medical certification. Your doctor needs time to fill out forms. Build in extra days.
Talk to HR
Have a conversation with your HR department before you need leave. Ask them how they handle requests. Find out what paperwork they need.
Being proactive makes everything smoother. Trust me, this works.
Budget for Reduced Income
Remember, you’ll only get 55% to 90% of your regular wages. That’s not 100%. If you’re planning a leave, think about how you’ll cover the gap.
Maybe save some money ahead of time. Or see if you can use vacation days to top up your pay. Just plan for it.
Final Thoughts
Minnesota just made taking family and medical leave way more accessible. The paid benefits mean you don’t have to choose between your health and your paycheck.
Federal FMLA still exists and still matters. But now you have state benefits too. Sometimes they work together, sometimes separately. The key is understanding which one applies to your situation.
Most importantly: these rights exist to protect you. If you need time off for a serious reason, don’t be afraid to use them. You earned these benefits.
Now you know the basics. Stay informed, stay safe, and when in doubt, look it up or ask a lawyer.
Frequently Asked Questions
Can I get paid for FMLA leave? Federal FMLA is unpaid, but Minnesota’s Paid Leave program provides payments. If your leave qualifies for both, you get the paid version.
Do small businesses have to provide this? Minnesota Paid Leave applies to all employers regardless of size. Federal FMLA only applies to employers with 50 or more workers.
Can my employer fire me for taking leave? No. Both federal FMLA and Minnesota Paid Leave provide job protection. Firing someone for taking protected leave is illegal and can result in penalties of $1,000 to $10,000.
How much will I get paid? You’ll receive 55% to 90% of your regular wages, depending on your income level. Lower-wage workers get a higher percentage.
Can I take leave for mental health? Yes. Serious mental health conditions qualify for medical leave under both federal FMLA and Minnesota Paid Leave.
Do I have to use my vacation days first? No. Your employer cannot require you to exhaust vacation or sick time before taking Minnesota Paid Leave. You can choose to use them together if you want.
What if I work for a company based in another state? If you physically work in Minnesota at least 50% of the time, you’re covered by Minnesota Paid Leave regardless of where your employer is located.
Can both parents take leave for the same baby? Yes. Each parent can take up to 12 weeks of bonding leave. They can take it at the same time or separately.
How long does my job stay protected? Your job is protected for the full duration of your approved leave, up to the maximum allowed weeks. After 90 days of employment, job protection is guaranteed under Minnesota Paid Leave.
What happens if my employer doesn’t comply? You can file a complaint with the Minnesota Department of Employment and Economic Development or sue in court. Violations carry penalties from $1,000 to $10,000 per violation.