Managing FMLA in Minnesota? Be Prepared for These Changes

If you’re an employer in Minnesota, it’s important to stay informed about what types of leave your employees are eligible for. While employees in Minnesota are covered by the Family and Medical Leave Act (FMLA) — as they would be in any other state — a new state law in Minnesota comes into play in 2026.

How does Minnesota’s new paid leave law interact with federal FMLA leave, and how much time off are eligible employees entitled to now? Here’s what you need to know about FMLA in Minnesota, including how to determine eligibility requirements and manage leaves of absence under state and federal law. 

What Is FMLA in Minnesota?

FMLA refers to the Family and Medical Leave Act, a federal law that applies to covered employers in all U.S. states — including Minnesota employers. According to the U.S. Department of Labor (DOL), a covered employer is:

• A local, state, or federal government agency
• A public or private school of any size
• A private employer with 50 or more employees

Under FMLA, employees are entitled to job-protected leave (which means they must be allowed to return to the same role or an equivalent position) and can keep their health insurance benefits while on leave. Employees can take up to 12 weeks of leave in a 12-month period for any the following reasons:

• The birth or adoption of a new child
• The placement of a child in foster care
• To treat a serious injury or serious health condition
• To care for an ill or injured family member
• To care for a covered service member
• A qualifying exigency related to active-duty military service

Under FMLA, employees are only entitled to unpaid leave, but it can be taken alongside other types of leave, such as accrued sick leave, paid time off, or paid parental leave. It can either be used continuously or taken in increments (i.e., intermittent leave).

Minnesota’s Paid Family and Medical Leave Law for 2026

Some states, ranging from New York to California, have their own laws that overlap with or expand upon FMLA. Minnesota is joining the club with a new paid leave law that Gov. Tim Walz signed into law in 2023. Minnesota Paid Leave benefits will be available as of January 1, 2026, and can be used instead of or alongside FMLA in Minnesota.

Eligible employees are entitled to 12 weeks of leave for medical reasons and 12 weeks of leave for family reasons, up to a maximum of 20 weeks per year.

To qualify, an employee must work in the state of Minnesota at least half the time and earn 5.3% of the state’s average wage ($3,700). Remote workers who spend less than 50% of the time in Minnesota are still covered if they’re Minnesota residents and don’t spend more than 50% of their work time in “any single state.”

Part-time, seasonal, and temporary employees are eligible for Paid Leave in Minnesota as long as they meet the eligibility requirements, and self-employed workers can opt in to the program. Job protection applies after 90 days of employment.

How Is Minnesota Paid Leave Funded?

Minnesota Paid Leave is funded by a premium split between employers and employees. As of 2026, it will be set at 0.88% of the employee’s wage. Employers are responsible for calculating the premium and submitting payments through an online portal.

While on leave, employees receive a partial wage replacement:

• 90% if they earn $0–$711.50 per week
• 66% if they earn $711.50–$1,423 per week
• 55% if they earn more than $1,423 per week

The maximum benefit amount is $1,423 per week, which is the average weekly wage in Minnesota. Employees can’t collect paid leave while also claiming workers’ comp or disability insurance — but their employer can make up the difference between their wage replacement and regular pay by paying out PTO or sick leave.

Employers can also choose to offer a private plan for medical leave, family leave, or both — as long as it’s equivalent to or better than the Paid Leave program.

Minnesota Employer Responsibilities and Deadlines

As the new Paid Leave law comes into effect, Minnesota employers will need to review their policies and keep up with leave laws that apply to them. Human resources teams should be aware of the following deadlines:

• December 2025: Employers must notify employees about the new benefits.
• January 2026: Employers must begin deducting premium payments; employees can request leave and access their benefits. 
• April 2026: Employers must pay the first installment of quarterly premiums.

In addition to meeting the above deadlines, employers need to do the following.

Designate a Paid Leave Administrator

Under the new leave law, employers are required to submit wage reports through the Unemployment Insurance system. Follow these steps to get started:

1. If you haven’t already, create an Employer Account at uimn.org.
2. Decide who will be the main point of contact for Paid Leave administration.
3. Sign up for a Paid Leave Administrator Account at paidleave.mn.gov.

Calculate and Collect Premiums

It’s the employer’s responsibility to calculate premiums and pay them on a quarterly basis. At a minimum, you’ll need to cover 50% of the premium amount, but you can choose to contribute more. Use this online calculator to estimate premiums.

Track and Coordinate Leave

Employers have some discretion in how leave is applied. For example, employees can take up to 480 hours (12 weeks) of intermittent leave per year, but you can choose the smallest allowable increment — anywhere from one minute to one day.

Consider creating a personal leave policy to standardize your procedures, and use a leave tracking system like Pulpstream to account for each block of leave.

Differences Between Paid Leave vs. FMLA in Minnesota

Paid Leave vs. FMLA in Minnesota isn’t an either/or proposition. Some employee leave requests will be covered by both laws, and employers need to be prepared to manage them separately or concurrently. Here are a few key differences between them.

Minnesota Provides More Leave

FMLA only provides 12 weeks of leave in total, for both family and medical reasons. Minnesota provides up to 20 weeks of leave in total — 12 for each category.

This means that an employee could take leave for prenatal care before giving birth, without using up any of the 12 weeks available for Bonding Leave.

Minnesota Has a Broader Definition of “Family Member”

FMLA has a narrow definition of “family member” that typically includes an employee’s spouse, parents, and children, including foster children. Minnesota law expands that to include siblings, grandparents, grandchildren, and in-laws, as well as “anyone close to you who depends on you like family, even if not related by blood.”

Minnesota Covers More Situations

FMLA and Minnesota Paid Leave cover many of the same situations, including military family leave and military caregiver leave. Minnesota also allows time off for personal safety issues, such as domestic violence, sexual assault, or stalking — which would only be covered by FMLA if they required medical care.

Get Ready for Paid Leave in Minnesota

Employers in Minnesota will soon need to comply with Minnesota’s new Paid Leave law, which comes into effect on January 1, 2026. Employers will be required to report wages and collect premiums through an online portal. Visit the Minnesota Paid Leave website for additional information, or seek legal advice for more complex cases.

Minnesota’s Paid Leave law doesn’t affect the Family and Medical Leave Act (FMLA), a federal law that will still be in effect. Employees who aren’t eligible for FMLA may now be eligible for Minnesota Paid Leave — and vice-versa.

Using a leave of absence automation platform like Pulpstream makes it easy to comply with your obligations under both laws at once. Employees can use an online portal to submit their leave request and upload supporting documents from their health care provider. Your leave administrator can easily approve or deny each request.

Request a demo today to see how Pulpstream helps HR teams improve compliance!