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Minnesota Department of Labor and Industry

Labor Standards -- Frequently asked questions about parental leave, FMLA

Who can I take leave to care for?
If you work at least half time, you are allowed to use your accrued sick leave to care for your sick minor child, adult child, spouse, sibling, parent, grandparent or step-parent (see Minnesota Statutes 181.9413).

Do I get time off work to have a baby?
Employers with 21 or more employees must allow at least six weeks of unpaid leave of absence upon request by the employee. The employee (both mothers and fathers) must have worked for the employer for at least 12 months and at least 20 hours a week to be eligible for parental leave. Employees may also be covered by the federal leave law for up to 12 weeks if an employer has 50 or more employees in a 75-mile radius (see Minnesota Statutes 181.940).

What happens when I return to work?
Employees are entitled to employment in their former position or one with comparable duties, number of hours and pay. You are also entitled to the same benefits and seniority you had before the leave. Employees may return to work part-time during the leave without forfeiting the right to return to full-time work at the end of the leave. (See Minnesota Statutes 181.942.)

I thought I was entitled to 12 weeks instead of six. How do I know what I qualify for?
Employers with 50 or more employees may be subject to the federal Family Medical Leave Act. For more information about whether you qualify for leave under this law, go to www.dol.gov.

For more information

If you don't see your question answered here or want more information about any of these subjects, contact the Department of Labor and Industry, Labor Standards unit, at dli.laborstandards@state.mn.us, (651) 284-5070 or

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