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Minnesota

Verified March 2026

Minnesota Paid Leave

Minn. Stat. §§ 268B.01-268B.32

Paid LeaveMental Health Parity12 weeks
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Overview

Minnesota's Paid Leave program (Minnesota Statutes, Chapter 268B) provides eligible workers with up to 12 weeks of paid family leave and up to 12 weeks of paid medical leave (up to 20 weeks combined in a benefit year). Covered reasons include the worker's own serious health condition, caring for a family member with a serious health condition, bonding with a new child within one year of birth, adoption, or foster placement, safety leave related to domestic abuse, stalking, or sexual assault, and qualifying military needs. Benefits have been payable since January 1, 2026.

The program covers virtually all Minnesota workers, including public sector employees and domestic workers. Self-employed workers may opt in. Eligibility requires having earned at least 5.3% of the state average annual wage (approximately $3,900) during the base period (the first 4 of the last 5 completed calendar quarters, or the 4 most recently completed quarters). Except for bonding leave, the qualifying event must have a duration of at least 7 calendar days.

Benefits use a tiered formula: 90% of wages up to 50% of the state average weekly wage, 66% of wages between 50% and 100% of the SAWW, and 55% of wages above 100%. The maximum weekly benefit for 2026 is $1,423 per week (equal to 100% of the statewide average weekly wage). There is no unpaid waiting period. The premium rate is 0.88% of wages (0.61% medical, 0.27% family), split between employer and employee. The premium is capped at 1.1% for 2027 and beyond. Employers with 30 or fewer employees earning up to 150% of the state average weekly wage pay a reduced rate.

Minnesota defines "family member" broadly: child, son-in-law or daughter-in-law, parent, legal guardian, parent-in-law, sibling, grandparent, grandparent-in-law, grandchild, spouse, domestic partner, and any individual with whom the worker has a relationship creating an expectation and reliance for care.

Job protection is a key feature under § 268B.09: workers who have been employed at least 90 days before their leave begins are entitled to reinstatement to the same or equivalent position with equivalent benefits, pay, and other terms of employment. Your employer must continue your health insurance coverage during paid leave. Anti-retaliation provisions in § 268B.12 carry penalties of $1,000 to $10,000 per violation. Employers may apply for approval of private plans that provide equivalent benefits instead of using the state fund.

Minnesota also provides exceptionally strong anti-discrimination protections through the Minnesota Human Rights Act (MHRA), which prohibits disability discrimination, including mental health conditions, for employers with 1 or more employees. This is one of the broadest thresholds in the nation. The Minnesota Department of Human Rights investigates complaints. Minnesota's mental health parity law ensures equal insurance coverage for mental health services.

Eligibility

Employer Size

1+ employees

Leave Duration

12 weeks

Paid Leave

Yes

Compared to Federal FMLA
Paid leave program. MN Human Rights Act covers all employers (1+ employees). Explicit mental health disability protections.

Additional Protections

Minnesota Human Rights Act (MHRA)

Prohibits employment discrimination based on disability, including mental health conditions. Covers all employers with 1 or more employees, one of the broadest thresholds in the nation. Requires reasonable accommodations.

Minn. Stat. § 363A.08

Minnesota Parental Leave Act

Provides up to 12 weeks of unpaid parental leave for employees of employers with 21 or more employees at one site. Covers birth, adoption, and prenatal care.

Minn. Stat. § 181.940 et seq.

Earned Sick and Safe Time (ESST)

Requires all employers to provide at least 1 hour of paid sick and safe time for every 30 hours worked, up to 48 hours per year. Can be used for mental health needs, safety needs, and medical appointments.

Minn. Stat. § 181.9445 et seq.

Mental Health Parity

Minnesota requires insurance plans to cover mental health and substance use disorder services at parity with medical and surgical benefits.

Minn. Stat. § 62Q.47

How to Exercise Your Rights

1. Notify Your Employer

  • Provide your employer with 30 days' advance notice if the leave is foreseeable.
  • For unexpected events, provide notice as soon as practicable.
  • Your employer may request documentation supporting the need for leave.

2. File a Paid Leave Claim

  • Visit the Minnesota Paid Leave website to file your claim.
  • Select the type of leave (medical, family, bonding, safety, or military).
  • Your healthcare provider must complete a certification form for medical leave.
  • DEED will process your claim and begin benefit payments.

3. File a Discrimination Complaint

  • Visit the Minnesota Department of Human Rights website.
  • File within 1 year of the discriminatory act.
  • Complete the complaint form detailing the discrimination or retaliation related to your leave or disability.

Important Deadlines

  • 30 days - Advance notice required for foreseeable paid leave
  • 90 days - Minimum employment duration to qualify for job protection (reinstatement) upon return from leave
  • 7 days - Minimum duration of qualifying event for paid leave (except bonding leave, which has no minimum)
  • 1 year - Deadline to file a discrimination complaint with the Minnesota Department of Human Rights
  • 300 days - Deadline to file a charge with the federal EEOC

Official Resources

Full Statute Text

Read the complete text of the law

Minnesota Paid Leave

Administers Minnesota's paid leave program. Access information about filing claims, eligibility, and benefits.

833-438-6675

Minnesota Department of Human Rights

Enforces the Minnesota Human Rights Act. Handles employment discrimination complaints including disability and mental health discrimination.

651-539-1100

Minnesota Department of Employment and Economic Development (DEED)

Oversees employment services, workforce development, and economic growth programs in Minnesota.

651-259-7114

Frequently Asked Questions

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