FMLA in Minnesota is supplemented by Minnesota’s Parental Leave Act. As with other states applying supplemental provisions to federal FMLA, Minnesota’s Parental Leave Act does not pre-empt or preclude any federal, state or local laws that provide greater leave rights, nor does it interfere with any state or federal laws prohibiting discrimination. And if any apparent conflict or confusion arises between laws, it is always most prudent to seek legal advice, or at least to operate under the law that gives the greatest benefit to the employee.
FMLA in Minnesota applies at the federal level, as in any other state, however differences between Minnesota’s Parental Leave Act and federal FMLA include: covered employers are defined as those having 21 or more workers at any one site, covered employees are those 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, 6 weeks of unpaid leave with continued health insurance coverage but employee can be required to pay the full cost of coverage, qualifying absence includes birth and adoption, but not foster care placement. Minnesota does not have any medical leave (paid or unpaid) available other than the use of the employee’s sick leave for themselves or their sick child and an employer is not mandated to offer sick leave to its employees.
FMLA in Minnesota has been described as confusing by a number of employers, due to apparent conflicts with existing federal FMLA guidelines, however as long as the laws are applied individually and completely, there should be no problem. On June 26, 2013, the U.S. Supreme Court made a ruling that overturned DOMA’s definition of marriage and left that determination in the hands of individual states. This means that as of August 1, 2013, Minnesota will be the thirteenth U.S. State to recognize same-sex marriage and therefore covered employers will be required to treat any couple legally married and living in Minnesota the same, with regard to FMLA qualifications and benefits. Recent six and even seven figure judgments against non-compliant employers clearly display that it’s not a good idea to ignore laws regarding FMLA in Minnesota or any other U.S. State.
A very popular and cost-effective solution to this compliance dilemma is the use of Qcera LeaveSource™ software. FMLA in Minnesota does not have to be a four letter word. Qcera’s secure, cloud-based leave administration system is being utilized by covered employers of all sizes, to assist HR in the most efficient, compliant, and user-friendly method available. Don’t become a victim of FMLA in Minnesota. Click on the red button above in order to request a demonstration, or visit www.leavesource.com for additional product information.