MN Paid Leave, Overview

What is Minnesota Paid Leave?

MN Paid Leave, Minnesota’s version of a state-mandated Paid Family & Medical Leave (PFML) program, provides partial income replacement during job-protected leave for covered employees to care for a qualified family member or their own qualifying medical condition. It does not replace the Minnesota Parental Leave Act and is not the same as the Earned Sick and Safe Time Program administered by the Minnesota Department of Labor and Industry.

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What Can Minnesota Paid Leave be Used For?

MN Paid Leave allows employees to take job-protected paid time off for critical life events that impact their own health or the health of a family member and includes bonding, military exigency, and safe leave. These leave types, also called qualifying events, are:

Family Leave				Medical Leave
CARE FOR SOMEONE ELSE				SELF-CARE
Bonding Leave	Caregiver Leave	Military Exigency Leave	Safety Leave	Medical Leave Self Care	Safety Leave
Bonding with a new child (birth, adoption, or foster care placement)	Caring for a family member with a serious health condition	For any qualifying exigency need arising from a family member’s active duty or impending leave	Leave from work because of domestic abuse, sexual assault or stalking of a family member	Care for the employee’s own serious health condition	Leave from work because of the employee’s domestic abuse, sexual assault or stalking

Is There a Waiting Period That Must be
Met Before Benefits Are Received?

There is not a waiting period, however for a continuous MN Paid Leave, the qualifying event has to last for 7 consecutive calendar days, which, once met, the benefits are retroactive to day 1. This does not apply to bonding leave, and the 7 days do not have to be consecutive for intermittent leaves.

MN Paid Leave Maximum Benefit Duration

Family Leave icon

Family Leave

12 WEEKS*

To bond with a new child, care for a family member, and military exigency

Medical Leave

12 WEEKS*

For employee's own serious health condition

Up to a combined max.

20 WEEKS

Combined total between medical and family leave in a benefit year.

For example, if an employee already took 8 weeks of medical leave in the benefit year, they could take up to 12 weeks of family leave for bonding, for a total of 20 weeks.

Employees can take leave continuously or on an intermittent basis. For intermittent leave, the increments must be consistent with the employer’s established policy for other forms of leave, and at most 1 calendar day.

What is The Benefit Amount?

The benefit calculation is based on the employee’s average weekly wage in relation to the state average weekly wage* (SAWW) and is as follows:

For employees earning up to 50% of SAWW
- Benefit = 90% of the employee’s AWW
For employees earning between 50% and 100% of SAWW
- Benefit = 90% of their AWW (for the first 50% of SAWW)
  - + 66% of their AWW for their wages in excess of 50% of SAWW)
For employees earning over 100% of SAWW
- Benefit = 90% of their AWW (for the first 50% of SAWW)
  - + 66% of their AWW (between 50% and 100% of SAWW)
  - + 55% of their AWW for their wages above 100% of SAWW

For the current minimum and maximum benefit amounts, please check here.

*Please note: Minnesota’s SAWW gets adjusted annually on the last Sunday in October and stays in effect for benefit calculation purposes through the entire leave.

What Type of Employers Have to Provide Minnesota Paid Leave?

MN Paid Leave is a required benefit for most employers:
All employers with employees working in MN regardless of size, including

private employers
municipalities, and
local government, are required to provide PFML benefits.

Exemptions include:

tribal nations,
federal employees, and
self-employed individuals (unless they choose to participate).

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A woman working at a workbench in a woodshop

Who is Covered?

To be eligible for benefits, the employees work must be localized in Minnesota and have earned wage credits paid within the 4 most recent completed calendar quarters – this is not tied to time spent at a specific or single job. Those wages must be at least 5.3% of the SAWW rounded down to the next lower $100 before an employee is eligible for benefits.

This includes part-time employees.
Self-employed individuals and independent contractors may opt-in.
Seasonal employees are not covered.

Former employees are eligible for coverage regardless of whether they are covered by the State Plan or a Private Plan for up to 26 weeks after their employment has ended, or until they begin a new job with a different employer.

Where do employees need to be located to be covered by Minnesota Paid Leave?

This is based on where the employee works, not where the employee resides, i.e. their job needs to be based in Minnesota. Specifically, an employee is covered if:

At least 50% of their hours worked are performed in Minnesota; or
Less than 50% of hours of their hours worked are performed in any single state or Canada, but some work is in Minnesota for at least half the year.

Employees who live in Minnesota but work solely in another state are not covered.

How Much Does The Minnesota Paid Leave State Plan Cost?

The rate is structured as a percentage of an employee’s covered wages up to the Social Security Cap (or, as referenced in Minnesota statutes, as FICA Old-Age, Survivors, and Disability Insurance, short OASDI tax limit).

While Minnesota’s Department of Employment and Economic Development (DEED) sets the contribution rate for the State Plan, Private Plans set their own rate.

Please click here for the current cost of coverage through the State Plan.

If you are an employer and are interested in a Private Plan and would like to obtain a quote for private coverage, please contact your broker.

How are contributions split for the Minnesota Paid Leave State Plan?

Employers with 30+ employees:

Employers may withhold up to half of the total contribution rate from the employees’ pay for an even split.

Small employers with 30 or fewer employees who have an average wage for employer of less than or equal to 150% of the state’s average wage for the base period:

The premium rate is 75% of that set for employers with 30+ employees. Employers must pay a minimum of 25% of the rate but can withhold the remaining required contribution from employees.

While employers don’t have to pay the entire contribution amount, they still have the option to pay for all their employees’ required contributions.

A note on Private Plans:

A Private Plan cannot cost employees more than the State Plan, which means that an employer with a Private Plan cannot withhold more than the maximum employee contribution set by the State.

Do Employers Have to Provide Coverage Through The Minnesota Paid Leave State Plan?

Minnesota employers have the option to provide some or all the PFML coverages required through the State Plan or a Private Plan (i.e., medical leave and family leave may be administered separately).

A fully insured, approved Private Plan is an alternative to the State Plan, that must at least meet or exceed the rights, protections, and benefits of the State Plan. An approved Private Plan can be either self-insured by an employer or fully insured through an approved insurance carrier, such as ShelterPoint,* in which coverage is provided in the form of a Paid Family & Medical Leave (PFML) policy.

What are the advantages of a Private Plan?

Private carriers, such as ShelterPoint, have built the experience, scalability, and agility to manage Paid Family & Medical Leave coverage and have the resources to expand and enhance capabilities continuously to provide smooth customer service from onboarding to claims.

2 men sitting at a desk going over papers

What Obligations do Employers Have?

Some of the most important employer obligations include:

Inform their employees about this benefit:
- On or before the later of:
  - 30 days from the time of hire; or
  - 30 days before premium collection begins
- When an employee is a seasonal employee and will not be eligible to receive MN Paid Leave benefits
Display and maintain a poster in a highly visible place that’s accessible to employees at the employer’s place of business. In addition to English, the notice must be available in the following languages: each language that is the primary language of at least 5 employees or independent contractors at the workplace, as long as the notice is available in that particular language from the State.

Submit wage and hour reports electronically every quarter, whether they have a Private Plan or participate in the State Plan.
Since MN Paid Leave provides job protection, employees who return to work are entitled to be restored to the position they held when starting their leave or a position with equivalent terms and benefits.
Additionally, employers need to continue providing health insurance benefits to an employee who is out on this type of leave. The employee, on the other hand, must continue to make any regular contributions to the cost of the health insurance premiums.

Minnesota Paid Leave Frequently Asked Questions

Is Minnesota Paid Leave mandatory?

Yes, MN Paid Leave is a required benefit that Minnesota employers with at least 1 employee have to provide

What is the difference between Minnesota Paid Leave and short-term disability?

Short-term disability (“STD”) typically refers to a voluntary insurance product that provides certain income-replacement benefits for an employee’s own health condition. STD is separate and distinct from MN Paid Leave, which is a state-mandated benefit for employers to provide their Minnesota employees generally with up to 12 weeks of paid leave for a broader set of qualifying reasons, including bonding leave, caregiver leave, leave for a qualified military exigency and safe leave, in addition to for the employee’s own serious health condition and safe leave. While STD and Minnesota Paid Leave are similar in some respects, their specific coverage details may differ. MN Paid Leave is not intended to fully replace STD coverage, which an employer may still wish to provide separately.

Does Minnesota Paid Leave provide job protection?

Yes, see employer obligations above for more details.

Who is considered a “family member” under Minnesota Paid Leave?

The employee’s

spouse or domestic partner
child (including biological, adopted, foster, or stepchild), including a child to whom the employee stands in loco parentis, is a legal guardian, or is a de factor custodian; as well as the child of the employee’s spouse
parent (including biological, adopted, de facto custodian, foster or stepparent) or legal guardian; as well as the parent of the employee’s spouse
sibling
grandchild
grandparent or spouse’s grandparent
son-in-law or daughter-in-law

Additionally, any individual who has a personal relationship with the employee that creates an expectation and reliance that the employee care for the individual without compensation.

What is considered a serious health condition under Minnesota Paid Leave?

To qualify as a serious health condition, the physical or mental illness, injury, impairment, condition, or substance use disorder that involves:

inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity
continuing treatment or supervision by a licensed health care provider

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This material is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. Any program information is based on our knowledge and understanding of Minnesota’s applicable laws and regulations as of the publication date and may change as regulations evolve or the Minnesota Department of Employment and Economic Development issues updated guidance. Further, this material is for illustrative purposes only, providing a general overview of the services described. It is not a contract nor intended as an offer of coverage.

Policies are subject to Underwriting approval. Policies are reviewed annually and may be cancelled for nonpayment. All coverage extends to limits reflected in the policy. Please refer to the policy for coverage details pursuant to its governing law, including a complete listing of covered services, provisions, conditions, exclusions, limitations, and terms under which the policy may be continued or cancelled. In the event of conflicting information with the policy and its governing Law, the policy and governing Law will take precedence over what is shown in this material. Claim payment is not guaranteed; benefit amount depends on wages. All images liscensed through iStockphoto and Adobe Stock Images.

Minnesota’s Paid Leave Act (as reflected in Minn. Stat. § 268B.01 et seq.) and its implementing Regulations (proposed Minn. R. § 3317.0010 et seq.) established by the Minnesota Department of Employment and Economic Development govern this Private Plan and its interpretation and administration. Available in MN only.

Underwritten by: ShelterPoint Life Insurance Company (principal office in Garden City, NY) in: MN (form# SPL PFMLP 0125 MN); rates subject to approval by the Minnesota Department of Commerce.

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PFML Resource Center

Minnesota Paid Leave:
Overview

What is Minnesota Paid Leave?

What Can Minnesota Paid Leave be Used For?

Is There a Waiting Period That Must be
Met Before Benefits Are Received?