Minnesota Leave Laws Mandates
Minnesota’s employee leave policies are a robust combination of federal law and significant state-mandated requirements. The state leads the country with the most progressive leave policies, which include paid sick leave since 2014 and an upcoming paid family and medical leave program in 2026.
This means if you’re working in Minnesota, your rights to take leave go beyond the federal protections, with a wide coverage for illness, safety concerns, and family needs.
Unlike many states, Minnesota has established multiple state-specific laws that offer protections above federal requirements. These include the Earned Sick and Safe Time (ESST) law, comprehensive crime victim leave rights, and domestic violence. The state also maintains conventional leave protections for when employees may be called for jury duty, voting, or to serve in the military.
Minnesota Sick Leave Law
As of January 2024, the state of Minnesota requires all employers to offer paid sick leave through the ESST law. For every 30 hours worked, employees receive an hour of paid sick leave, up to a maximum of 48 hours per annum. This applies to all employers irrespective of size, and covers employees to work at least 80 hours per year. The law offers broad protections to employees, allowing them to use these leaves in case of personal illness, family care, bereavement, public health emergencies, and domestic violence situations.
As of 2025, if you take leave for two or more days, you may be asked to present documents to your employers or even provide reasonable advance notice.
Minnesota Paid Time Off (PTO) Law
Minnesota does not mandate employers to offer vacation days or general PTO beyond the stipulated sick leave policy. However, if they provide PTO, they must follow the state way payment laws and treat accrued PTO as earned wages.
Starting January 2025, if an employee uses employer-provided PTO for ESST-qualified reasons, the additional PTO must meet the same requirements as in the case of sick leave, i.e., provide an advance notice or submit documents. The state also permits use-it-or-lose-it policies, but with proper written notice to employees.
Minnesota Family and Medical Leave (FMLA)
Employees working in Minnesota are covered by the federal Family and Medical Leave (FMLA). It provides them with up to 12 weeks of unpaid, job-protected leave if they work for an employer with 50+ employees.
Starting January 1, 2026, the state will launch its own Paid Family and Medical Leave program. This will offer,
- Up to 12 weeks of paid medical leave
- Up to 12 weeks of paid family leave
- A maximum of 20 weeks (combined) per annum
As opposed to the current scenario, the new program will apply to all employers regardless of company size. It will be funded through payroll premiums split between the employees and employers at 0.88% of the latter’s wage rate.
Minnesota Bereavement Leave
Minnesota doesn’t have any separate law for bereavement leave. Employees can use their ESST hours for bereavement purposes. They can take paid time off to,
- Make funeral arrangements
- Attend funeral services or memorials
- Address financial or legal matters arising due to the demise of a family member.
- The law defines family members to include parents, children, spouses, grandparents, siblings, or other blood-related associations.
Minnesota Domestic Violence Leave
Minnesota has a well-laid leave law against domestic violence. Under the state’s domestic abuse law, all employers must provide reasonable unpaid time off to employees to obtain a protection order without retaliation.
Moreover, employees can use their ESST hours to overcome domestic violence, sexual assault, or stalking situations affecting themselves or a family member.
The paid family leave program, to be launched in 2026, will include “safety leave” for domestic violence situations with a partial wage replacement system.
Comparison Table: Minnesota Leave Laws 2025
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| Paid Sick Leave (ESST) | All employees working 80+ hours per annum | 1 hour per 30 hours worked to a maximum of 48 hours per year for illness, family care, domestic violence, bereavement |
| PTO/Vacation | Employer discretion | No state mandate. PTO policies are employer-centric but must meet ESST protections when used for qualifying reasons |
| Unpaid FMLA | Companies with 50+ employees | Up to 12 weeks per annum for childbirth, adoption, or serious health conditions |
| Paid Family/Medical Leave | All employees (starting Jan 1, 2026) | Up to 20 weeks per annum combined (12 medical + 12 family); funded by 0.88% payroll tax by both employee and employer |
| Unpaid Bereavement | All employees | No separate leave policy but can be availed under ESST hours for funeral arrangements and other related matters |
| Domestic Violence Leave | All employees | Unpaid time for protection orders, but employees can use their ESST hours. Safety leave to be introduced in the 2026 program |
| Unpaid Jury Duty | All employees | As required by the court, with enhanced protections as of July 2024 prohibiting scheduling conflicts |
| Military Leave | Employees called to duty | As required by the nation, with job protection and reinstatement rights as per federal law |
| Paid Voting Leave | All employees | Paid time off for necessary voting; no advance notice required |
State-Specific Leave Laws
Minnesota’s prominent state-specific leave laws are as follows:
- Earned Sick and Safe Time: A thoroughly designed paid leave plan that covers illness, family care, domestic violence, and bereavement for immediate, blood-related family members, and stringent anti-retaliation protections
- Paid Family and Medical Leave (2026): Starting January 1, 2026, PFML will provide employees with up to 20 weeks of paid leave per annum, with partial wage replacement offered through employer-employee payroll contributions
- Enhanced Jury Duty Protections: As of July 2024, employers cannot ask employees to work alternate shifts or penalize them for jury duty beyond just termination protection.
- Comprehensive Voting Leave: Employees get paid time off to cast their vote with flexible timing. They can vote at any time during work hours without providing any advance notice
- Crime Victim Leave: Employees can avail reasonable unpaid time off to deal with violent crimes or to support a family member who’s a victim of such crime; and attend court proceedings, with job protection.
- Pregnancy and Parental Leave: Unpaid leave for all employers irrespective of size, covering childbirth, adoption, and pregnancy-related health conditions.
- Minnesota Leave Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| ESST | As reasonably required by the employer, with advance notice for foreseeable leave | Provide reasonable documentation after 2+ consecutive days (changed from 3+ in 2025) |
| FMLA | Inform 30 days in advance in case of a foreseeable event; otherwise, as soon as possible | Provide medical certification as required by federal law |
| PTO/Vacation | As per employer policy | As per employer policy, ESST protections apply if used for any of the qualifying reasons |
| Paid Family/Medical Leave (2026) | Must notify the employer before applying for the state FMLA | Health care provider certification is required as per the state program |
| Jury Duty | As soon as possible after receiving the summons | Court or jury summons documentation |
| Voting Leave | No advance notice required. Employers may request to coordinate to minimize work disruption | No document required |
| Domestic Violence | 48 hours’ advance notice is needed unless impractical or dangerous | Verification supporting is needed for leave upon the employer’s request |
Minimum Wage in Haryana 2025.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States whether unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Minnesota Leave Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| FMLA | 30 days advance if foreseeable; otherwise, ASAP | Medical certification or relevant documents |
| Sick Leave | As soon as practicable (per employer policy) | May require a doctor’s note after 3+ consecutive days |
| PTO/Vacation | Per employer policy | Per employer policy |
| Bereavement Leave | Per employer policy | May require obituary or death certificate (optional) |
| Jury Duty | As soon as possible after notice is received | Jury summons or court documentation |
| Domestic Violence Leave | Advance notice if foreseeable, otherwise ASAP | Documentation supporting the need for leave |
