Home Minnesota Educator Minnesota Paid Leave Law: What Educators Need to Know

Minnesota Paid Leave Law: What Educators Need to Know

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Covered Employment

The law covers nearly all employees in the state, including educators. An employee must have earned at least 5.3% of the statewide average annual wage (currently about $3,900.00) to be eligible. This amount can come from one job or be combined from multiple jobs. Nearly all employers are covered regardless of their size, including school districts, colleges and universities.

The law defines “covered employment” as an employee’s entire employment during a calendar year if 50% or more of the work during the calendar year is performed in Minnesota. For example, if an employee lives in Wisconsin and works at a school in the Stillwater school district, that employee would be covered by the PFML. Employment may also be covered by the law if 50% of the work is not performed in Minnesota, so long as some of the employment is in Minnesota and the employee’s residence is in Minnesota for 50% or more of the calendar year.

Wage Replacement

Employees will receive up to 90% of their wages when taking paid leave. The current maximum weekly benefit is $1,423. Wage replacement benefits are based on a sliding scale, with the lowest paid employees receiving the highest percentage benefit. Employees can determine the amount of wage replacement benefits they would receive using the calculator on the Minnesota Department of Labor and Industry’s paid leave website (pl.mn.gov).

Job Protections

The statute also provides job protection to employees who apply for and use leave if they have worked for the employer for at least 90 days. An employee who takes paid leave must be returned to the same position or an equivalent position at the end of the leave. An equivalent position is one with the same pay, benefits and working conditions. The employee does not lose seniority while on paid leave. All employees, regardless of how long they have worked for an employer, are protected from retaliation and interference while applying for and using paid leave.

Application Process

Applying for Minnesota paid leave is much different than applying for other statutory leaves. Wage replacement benefits will be paid directly by the State of Minnesota through direct deposit or a prepaid debit card. Employees apply directly to the state rather than requesting the leave from the employer.

How to apply:

• Online: pl.mn.gov
• Phone: 651-556-7777
• Toll-free: 844-556-0444

To be approved for paid leave, you must experience a qualifying event and have your need for leave certified by a professional, such as a health care provider. Certification forms can be found on the website pl.mn.gov. Some leaves, such as safety leaves, require separate documentation. The employer cannot deny paid leave under the law. However, employees must follow their employer’s regular notice requirements when taking leave. Employees should let their employers know that they will be taking at least 30 days in advance for a planned leave, and as soon as possible for an unplanned leave.

Qualifying Events

A qualifying event can be the employee’s own serious health condition or a family member’s serious health condition; the need to bond with a child after birth, adoption or foster placement; the need to support a family member called to active duty in the military; or for personal safety issues such as domestic violence, sexual assault or stalking for the employee or a family member.

Up to 12 weeks of paid medical leave can be taken for a qualifying event. If an employee qualifies for both medical and family leave in the same year, they may take up to 20 weeks of paid leave combined.

A serious health condition is a physical or mental illness, injury, impairment or condition that prevents someone from working for at least seven days. These seven days do not need to be consecutive (for example, someone with episodic migraines whose condition prevents them from working for seven days over a period of several months). It must include inpatient care (an overnight stay in a hospital, hospice or residential medical care facility) or continuing treatment by a healthcare provider. This may be related to pregnancy, a chronic health condition, a permanent or long-term condition, a condition that requires multiple treatments or an event that requires follow-up visits. Despite the seven-day requirement to qualify as a serious health condition, there is no waiting period when it comes to wage replacement benefits. Benefits are paid retroactively to the first day of missed work.

Leave to Care for Family Members

The law has an expansive definition of “family member,” which can include any of the following:

• Spouses or domestic partners.
• Children (including biological, adopted, step, or foster children, children of a domestic partner, or children to whom the applicant stands in loco parentis, is a legal guardian, or is a de facto custodian).
• Parents (including biological, adoptive, de facto custodian, or foster parent, stepparent, or legal guardian of an applicant or the applicant’s spouse, or an individual who stood in loco parentis to an applicant when the applicant was a child).
• Siblings.
• Grandchildren/grandparents.
• Sons- or daughters-in-law.
• A person who has a personal relationship with the applicant that creates an expectation and reliance for care (without compensation), even if they do not live together.

Appeals

If an employee’s application for paid leave is denied, the employee can appeal that determination. An administrative law judge will decide the appeal, much like the system for unemployment appeals. If the employee disagrees with the judge’s decision about their appeal, they may be able to file a Request for Reconsideration. If they disagree with the outcome of a Request for Reconsideration, they may be able to appeal to the Minnesota Court of Appeals. A Paid Leave Appeals Form can be found on the Minnesota paid leave website (pl.mn.gov). It can be submitted through the website or sent by mail to the address provided on the website.

Supplementing with Other Paid Contractual Leave

You may be eligible to use your accrued contractual sick leave, PTO, or vacation to “top off” your paid leave benefits to equal your regular weekly salary. You should check your contract language to see if those benefits are available to you. The decision to pursue arbitration for a top off denial rests with your local union, so be sure to consult with it in advance if you want to try to use contractual leave to round out your full salary.

Conclusion

Minnesota paid leave will allow tens of thousands of workers to take time they desperately need to care for themselves and their families. If you have questions about paid leave policies, please talk to your local union or reach out to your field staff. We will continue to provide guidance and updates as they become available.