Minnesota Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

How does FMLA work in Minnesota?

The federal FMLA provides eligible employees of covered employers (50+ employees within 75 miles) up to 12 workweeks of unpaid, job-protected leave per year for qualifying medical and family reasons. In Minnesota, FMLA runs concurrently with Minnesota Paid Leave when both apply, meaning the same weeks of leave count against both entitlements simultaneously. The FMLA does not provide paid leave; Minnesota Paid Leave provides partial wage replacement for qualifying events. (Source: U.S. DOL FMLA; Minnesota Statutes § 268B.27)

How long is maternity leave in Minnesota?

Eligible employees in Minnesota may take up to 20 weeks of paid leave combining Minnesota Paid Leave medical leave (up to 12 weeks for pregnancy and recovery) and bonding leave (up to 12 weeks for a new child), subject to a 20-week combined maximum per benefit year. FMLA provides an additional layer of job-protected leave (unpaid, concurrent) for eligible employees of larger employers. The total length depends on the individual employee’s eligibility under each program and the specific qualifying events involved. (Source: DEED MPL; Minnesota Statutes Chapter 268B)

Is maternity leave paid or unpaid in Minnesota?

Minnesota Paid Leave provides partial wage replacement — between 55% and 90% of regular wages, up to $1,423 per week in 2026 — for qualifying pregnancy-related medical leave and post-birth bonding leave. Eligible employees who meet the earnings threshold ($3,900 in wages in the preceding four completed quarters) receive paid benefits from the state. Federal FMLA leave, which may run concurrently, is unpaid. (Source: DEED MPL How Paid Leave Works)

Who is eligible for FMLA in Minnesota?

Employees are eligible for FMLA if they have worked for the employer for at least 12 months, worked at least 1,250 hours in the preceding 12-month period, and work at a location where the employer employs 50 or more employees within 75 miles. All public agency employees and employees of public and private elementary and secondary schools are covered regardless of employer size. (Source: U.S. DOL FMLA)

Is FMLA leave paid in Minnesota?

Federal FMLA leave is unpaid. For employees who also qualify for Minnesota Paid Leave, state benefits provide partial wage replacement (55%–90% of wages, up to $1,423/week in 2026) that runs concurrently with the unpaid FMLA entitlement. Employees may also elect to use accrued ESST, vacation, or other paid leave during FMLA. (Source: U.S. DOL FMLA; Minnesota Statutes § 268B.06)

Does Minnesota have paid sick leave?

Yes. Minnesota’s Earned Sick and Safe Time (ESST) law, effective January 1, 2024, requires all employers of any size to provide eligible employees with at least one hour of paid sick and safe time for every 30 hours worked, up to 48 hours per year. The law is enforced by the Minnesota Department of Labor and Industry. (Source: DLI ESST; Minnesota Statutes § 181.9446)

Does Minnesota have paid family leave?

Yes. Minnesota Paid Leave (MPL) under Minnesota Statutes Chapter 268B launched January 1, 2026, providing eligible employees up to 12 weeks of paid medical leave and up to 12 weeks of paid family/bonding leave (20 weeks combined) with wage replacement of 55%–90%, up to $1,423 per week. (Source: DEED MPL)

How many sick days are required in Minnesota?

Minnesota law requires employers to provide a minimum of 48 hours (6 days) of Earned Sick and Safe Time per accrual year, accrued at 1 hour per 30 hours worked. Employers may provide more than the statutory minimum. (Source: DLI ESST; Minnesota Statutes § 181.9446)

Does FMLA apply to small businesses in Minnesota?

Federal FMLA applies only to private employers with 50 or more employees within a 75-mile radius. Employers with fewer than 50 employees are not covered by federal FMLA. However, Minnesota Paid Leave applies to all Minnesota employers with one or more employees regardless of size, providing paid benefits and job protection for qualifying employees after 90 days of employment — even where FMLA does not apply. (Source: U.S. DOL FMLA; DEED Common Questions)

How long is paternity leave in Minnesota?

Eligible employees in Minnesota — including non-birthing parents — may take up to 12 weeks of paid bonding leave under Minnesota Paid Leave following the birth, adoption, or foster placement of a child, at the same wage replacement rate (55%–90%, up to $1,423/week). Bonding leave must be completed within 12 months of the child’s arrival. Federal FMLA also provides 12 weeks of unpaid bonding leave for eligible employees, running concurrently with MPL. (Source: DEED MPL Birth and Bonding)

Can an employer deny paid sick leave in Minnesota?

State law prohibits covered employers from denying ESST to eligible employees who have accrued the requested hours and are using leave for a qualifying reason. Employers may establish reasonable notice requirements (up to 7 days advance notice for foreseeable leave) but may not require documentation for absences of fewer than three consecutive days. An employer that denies ESST in violation of the statute is subject to DLI enforcement and potential civil action. (Source: Minnesota Statutes § 181.9447)

Is paid sick leave available to part-time employees in Minnesota?

Yes. The ESST law covers part-time employees in Minnesota who are anticipated to work at least 80 hours in a year. Part-time employees accrue leave at the same rate (1 hour per 30 hours worked) as full-time employees. Similarly, part-time employees are eligible for Minnesota Paid Leave if they meet the earnings threshold of $3,900 in wages in the preceding four completed calendar quarters. (Source: DLI ESST FAQ)

Can paid sick leave be used for a family member’s illness in Minnesota?

Yes. Minnesota ESST may be used to care for a family member with a mental or physical illness, injury, or health condition, including for medical diagnosis, treatment, or preventive care. The definition of family member under the ESST law is broad, including children, spouses, domestic partners, siblings, parents, grandparents, grandchildren, and an annually designated individual. (Source: DLI ESST)

What happens to unused sick leave if an employee leaves a job in Minnesota?

Minnesota law does not require employers to pay out unused ESST hours upon separation unless the employer has chosen the frontloading method that includes a year-end payout option. Under the carryover method, unused hours carry over from year to year (subject to the 80-hour total accrual cap) but are not required to be paid out upon termination. (Source: DLI ESST FAQ; Minnesota Statutes § 181.9446)

Is there a waiting period before using paid sick leave in Minnesota?

No waiting period applies before using ESST in Minnesota. Employees begin accruing ESST on their first day of employment and may use accrued leave as it is earned. The use increment cannot exceed four hours (the smallest increment tracked by the employer’s payroll system). (Source: DLI ESST FAQ)

How much does Minnesota Paid Leave pay?

Minnesota Paid Leave pays between 55% and 90% of an employee’s regular wages, using a tiered formula: 90% of wages up to 50% of the statewide average weekly wage ($711.50 in 2026), plus 66% of wages between 50% and 100% of the AWW, plus 55% of wages exceeding 100% of the AWW. The maximum weekly benefit for 2026 is $1,423. (Source: DEED MPL How Paid Leave Works)

How long is paid family leave in Minnesota?

Minnesota Paid Leave provides up to 12 weeks of paid family/bonding leave per benefit year and up to 12 weeks of paid medical leave per benefit year. If an employee uses both types in the same benefit year, the combined maximum is 20 weeks. A benefit year is the 52-week period beginning on the effective date of the employee’s leave. (Source: DEED MPL; Minnesota Statutes § 268B)

Who pays for Minnesota Paid Leave — the employer or employee?

Minnesota Paid Leave is funded through payroll premiums. For 2026, the total premium rate is 0.88% of wages. Employers must cover a minimum of 0.44% and may deduct up to 0.44% from employee wages. Qualifying small employers (30 or fewer employees) pay a reduced rate of 0.66%. Benefits are paid by the state (DEED), not by the employer. (Source: DEED Common Questions)

Can Minnesota Paid Leave and FMLA be taken at the same time?

Yes. Under Minnesota Statutes § 268B.27, Minnesota Paid Leave runs concurrently with FMLA when both apply to the same qualifying event. Leave taken under both programs counts against the entitlements of each simultaneously. Employers may require concurrent use. (Source: Minnesota Statutes § 268B.27)

Is the job protected during Minnesota Paid Leave?

Yes, for employees who have been employed for at least 90 calendar days. Covered employers must restore employees returning from MPL leave to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. Retaliation for requesting, applying for, or taking MPL is prohibited under Chapter 268B. (Source: DEED MPL Job Protections)

What is the Minnesota Paid Leave contribution rate for 2026?

The total premium rate for 2026 is 0.88% of employee wages. Employers must pay at least 0.44% and may deduct up to 0.44% from employees. Small employers (30 or fewer employees with average wages below 150% of statewide AWW) pay a reduced total rate of 0.66%. First premium payments are due April 30, 2026, based on wages paid January 1–March 31, 2026. (Source: DEED Common Questions)

How to apply for Minnesota Paid Leave?

Applications are submitted through the DEED online portal at mn.gov/deed/paidleave. Applications may be filed up to 60 days in advance of anticipated leave or at the time leave begins. Applicants must include appropriate certification from a health care provider or, for bonding leave, documentation of the qualifying event. DEED typically issues determinations within approximately two weeks of a complete application. (Source: DEED MPL)

Can Minnesota Paid Leave be taken intermittently?

Yes. MPL may be taken continuously, in a single block of time, or intermittently in smaller increments — including for chronic conditions treated on a periodic schedule or for regularly scheduled medical appointments. At least 480 hours of intermittent leave are available per year for qualifying employees. (Source: DEED Common Questions)

How long is maternity leave for fathers in Minnesota?

Fathers and other non-birthing parents are eligible for up to 12 weeks of paid bonding leave under Minnesota Paid Leave at 55%–90% wage replacement (up to $1,423/week in 2026), following the birth, adoption, or foster placement of a child. This must be used within 12 months of the child’s arrival. Federal FMLA bonding leave (12 weeks unpaid) runs concurrently for eligible employees of covered employers. (Source: DEED MPL Birth and Bonding)

Does Minnesota have paid sick leave for small employers?

Yes. Minnesota’s ESST law has no minimum employer size threshold — all employers, regardless of size, must provide ESST to eligible employees. There is no small employer exemption from the paid sick leave requirement. (Source: DLI ESST; Minnesota Statutes § 181.9445)