Payroll and Benefits Guide United States – Minnesota

Annual Leave (vacation)

Minnesota does not have any state statute governing the amount and payment of vacation time, however, it is common for employers to offer paid vacation leave.

This must comply with employment law and be stipulated in the employment agreement or collective bargaining agreement.

Public Holidays

Public holidays are not mandatory paid days off, but employers commonly allow workers to take federal holidays as paid days off.

Some companies might also agree to allow workers to take off state holidays; workers can find specific state holiday dates from their local government.

Usually when an agreed public holiday falls on a weekend, a day off in lieu is given on the Friday before or the Monday after the holiday.

Sick Days

It is common for an employer to follow the Family and Medical Leave Act (FMLA), which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons (maternity leave, serious illnesses, or if the employee needs to care for a spouse or child).

In addition, the Minnesota Paid Sick and Safe Leave Laws apply to all employers who work in Duluth with five or more employees.

This includes employees who work for the employer but outside the city. Employers are required to give 1 hour paid leave for every 50 hours worked, with a maximum of 64 hours for the year.

Employees are allowed to use a maximum of 40 hours of paid sick leave per year.

All employers who work in Minneapolis with six and more employees must provide employees with paid leave of 1 hour for every 30 hours worked (up to a maximum of 48 hours for the year), and employers with less than five employees must provide leave. Still, they can choose whether they want to pay it or not.

In St. Paul, employers whose employees worked for 80 hours or more within one year are required to give 1 hour for every 30 hours worked (maximum of 48 hours of paid sick leave per year).

Employees are eligible for FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.

FMLA eligible employees are entitled to:

• 12 working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
• Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a severe health condition.
• Leave in the event of a serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”.

Or

• 26 working weeks of leave during a single one-year period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

In addition, there is the Minnesota Pregnancy & Parental Leave Act, which requires employers (with 21 or more employees) to provide their employees with 12 weeks of unpaid parental leave.  Employees must give adequate notice before the leave dates (at least 30 days).

The Minnesota Human Rights Act was also introduced to provide protection against discrimination-based sex, including pregnancy, childbirth, and disabilities related to pregnancy or childbirth.

Maternity Leave

See Sick Leave above.

In addition, there is the Minnesota Pregnancy & Parental Leave Act, which requires employers (with 21 or more employees) to provide their employees with 12 weeks of unpaid parental leave.

Employees must give adequate notice before the leave dates (at least 30 days).

The Minnesota Human Rights Act was also introduced to provide protection against discrimination-based sex, including pregnancy, childbirth, and disabilities related to pregnancy or childbirth.

Paternity Leave

See Sick Leave above.

Parental Leave

See Sick Leave above.

In addition, there is the Minnesota Pregnancy & Parental Leave Act, which requires employers (with 21 or more employees) to provide their employees with 12 weeks of unpaid parental leave.

Employees must give adequate notice before the leave dates (at least 30 days).

Other Leave

Minnesota law requires all employers to provide their full-time employees job-protected but unpaid leave for their duty as jurors or as a witness in a case, responding to a subpoena, or acting as a plaintiff or defendant in the courts.

Employees must provide a copy of the jury summons to the employer as evidence of requirement.

In addition to the federal law USERRA, Minnesota law provides protection against discrimination for members of U.S. armed forces, reserves, National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the president in a time of war or emergency.

Employers must grant up to one day of unpaid leave per calendar to an employee who is an immediate family member of a member of the U.S. armed forces that has been ordered to active service.

The employer must grant ten working days of unpaid leave to an employee who is an immediate family member of a member of the U.S. armed forces that have been injured or killed while engaged in active service.

Minnesota law requires all employees registered to vote to take a reasonable amount of paid leave to vote in any municipal, county, state, or federal primary or general election.

Employees must provide reasonable notice to their employers to take time off to vote.