Minnesota Paid Leave: Resources for Employers

Full-time, part-time, temporary, and most seasonal employees are eligible if they've earned at least $3,900 in the previous year and have performed at least 50% of their work in Minnesota.

Paid Leave does not apply to independent contractors, self-employed individuals, or Tribal Nations, but they can opt in to participate. Furthermore, Paid Leave does not apply to federal government employees, railroad employees, and certain seasonal hospitality industry employees, and they cannot opt in to participate.

Yes, by offering an equivalent private plan. Employers can request a plan substitution through their Paid Leave Administrator Account. Learn more about equivalent plans here.

Employers can submit a request at any time, and they will be reviewed and approved on a rolling basis.

An equivalent plan can take effect at the start of any quarter. It is best to submit your request as soon as it is ready, ideally one quarter before you want the plan to take effect. This will allow time to review your request and ensure you have time to notify your employees.

Employers will not have to pay premiums to fund the program until 2026. Employers will pay the premiums through their Minnesota Unemployment Insurance (UI) account each quarter. 

Employers must use their Minnesota UI account to both submit their quarterly wage report and pay their premiums. Employers' first premium payment is due April 30, 2026. The first premiums will be based on the quarterly wage report between January 1, 2026, and March 31, 2026. Employers can get an estimate of their premiums here.

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Yes. Employers can require Family and Medical Leave Act (FMLA) and Paid Leave to run at the same time if the reason qualifies under both. FMLA offers 12 weeks of unpaid leave; Paid Leave provides 12-20 weeks of paid leave.

Some situations qualify only under Minnesota law. For example, a sexual assault survivor may receive 12 weeks of paid leave under Paid Leave, but not FMLA. If the same employee later develops a serious health condition, they may be eligible to receive an additional 8 weeks of Paid Leave and 12 weeks of FMLA (running concurrently), for a total up to 24 weeks of leave.

Eligibility for Paid Leave is determined by the Minnesota Department of Employment and Economic Development (DEED), and DEED pays employees their leave benefits, whereas employers are responsible for determining whether employees are eligible for ESST and for paying ESST to employees. Employers can offer ESST as a supplemental benefit to employees to allow them to receive up to 100% of their weekly pay while receiving Paid Leave benefits. Employees have the option to accept the offer to supplement ESST.

After 90 calendar days of employment, an employee is entitled to be returned to the same position the employee held when leave began or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. If the employee fails to return to work after using his or her available Paid Leave benefits, the employee may be subject to discipline. Employees, however, may be entitled to a longer protected leave of absence under other forms of leave, such as the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Earned Sick and Safe Time (ESST), etc. 

Employees who intentionally commit fraud to receive Paid Leave benefits are subject to civil and criminal penalties. The State has enacted measures to prevent employees from abusing their Paid Leave benefits. For any qualifying Paid Leave reason, employees are required to submit certification documentation to the Minnesota Department of Employment and Economic Development (DEED) to prove the employee has a qualifying reason.

For example, an employee who applies for Paid Leave for their own health condition must submit documentation (e.g., a doctor’s note) to DEED that states when the health condition began, the probable duration of the condition, and the appropriate medical facts within the knowledge of the health care provider.