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Women's Economic Security Act (WESA) FAQs

The Women's Economic Security Act (WESA) strengthens workplace protections and flexibility for pregnant and lactating employees, expands employment opportunities for workers in high-wage, high-demand occupations and reduces the gender pay gap through increased enforcement of equal pay laws.

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Wage disclosure

Are all Minnesota employers required to include notice of the Wage Disclosure Protection law in their employee handbook? 

Yes, every Minnesota employer must comply with the new Wage Disclosure Protection law in the Women's Economic Security Act. Under this law, no employer can prohibit employees from disclosing their own wages. (See Minnesota Statutes 181.172.)

Employers that provide an employee handbook to their employees must include in the handbook a notice of employee rights and remedies under the Wage Disclosure Protection law. The following is a sample notice to employees.

Notice to employees:  Under the Minnesota Wage Disclosure Protection law, you have the right to tell any person the amount of your own wages. Your employer cannot retaliate against you for disclosing your own wages. Your remedies under the Wage Disclosure Protection law are to bring a civil action against your employer and/or file a complaint with the Minnesota Department of Labor and Industry at 651-284-5075 or 800-342-5354.

Pregnancy and parental leave

Are all employees who become parents eligible to receive pregnancy and parental leave?

Yes, all employers, regardless of size, must provide up to 12 weeks of unpaid pregnancy and parental leave to an employee, unless the employer agrees to a longer leave.  Employees have a right to this unpaid pregnancy and parental leave regardless of how long the employee has worked for that employer.  

Minnesota’s Paid Leave law, which provides paid time off during or following a pregnancy, goes into effect Jan. 1, 2026.

Are employees who take pregnancy and parental leave entitled to the same job after returning from leave?

Yes, employees are entitled to return to their former positions or to positions of comparable duties, number of hours and pay.

Is an employee entitled to use pregnancy and parental leave in addition to Family and Medical Leave Act (FMLA) leave?

No, Minnesota pregnancy and parental leave runs concurrent to FMLA leave. However, if an employee takes FMLA leave for unrelated reasons (such as a back injury not caused by the pregnancy), the employee will still be entitled to 12 weeks of leave for pregnancy-related illness and parental leave in that same year.

If the employee uses paid vacation or sick time for part of the time off for the birth of a child or for health conditions related to the pregnancy, is the employee entitled to an additional 12 weeks of unpaid pregnancy and parental leave?

No, the employer is not required to allow more than a total of 12 weeks of leave related to the pregnancy and childbirth, including both paid and unpaid leave.

When can an employee take parental leave?

An employee must begin the 12 weeks of parental leave within 12 months of the birth or adoption of a child. An exception is made if a child must remain in the hospital longer than the mother, in which case the leave must begin within 12 months after the child leaves the hospital.

How much notice must an employee provide an employer when requesting pregnancy and parental leave?

An employer may require an employee to provide reasonable notice of the date the leave will begin and the estimated length of the leave.

How can an employee use the 12 weeks of pregnancy and parental leave?

An employee can take the 12 weeks of leave consecutively and under limited circumstances may be able to take the leave intermittently, provided the leave begins within 12 months of the birth or adoption of a child. 

Can an employee request more than 12 weeks of pregnancy and parental leave?

The Women's Economic Security Act only requires 12 weeks of unpaid pregnancy and parental leave; however, it is up to the employer whether to grant employees additional unpaid leave. If additional unpaid leave is provided by the employer, employees are still entitled to their job after the approved leave time is completed.

Minnesota’s Paid Leave law, which provides paid time off during or following a pregnancy, goes into effect Jan. 1, 2026.

Who should employees call if they believe they qualify for leave but are not being allowed to take the leave?

Employees who believe they are entitled to leave but are not receiving the leave should contact the Minnesota Department of Labor and Industry at 651-284-5075 or 800-342-5354 to get more information about whether they qualify and/or to make a complaint.

Who should employees call if they believe they are being discriminated against because they are pregnant?

An employee who believes their employer has discriminated against them because they are pregnant may contact the Minnesota Department of Human Rights for possible pregnancy or sexual discrimination claims by visiting mn.gov/mdhr or calling 651-539-1100 or 800-657-3704.

Pregnancy accommodations

What employees are entitled to pregnancy accommodations?

Any employee who needs an accommodation related to pregnancy or childbirth is entitled to reasonable accommodations regardless of the size of their employer.

What accommodations must an employer provide to an employee who is pregnant?

A pregnant employee is entitled to these accommodations without having to provide a note from a doctor or any other "proof" that the accommodation is necessary:

  • more frequent or longer restroom breaks or food and water breaks;

  • seating; and

  • a limit of lifting more than 20 pounds.

In addition to providing the three accommodations listed above, an employer must actively engage with an employee to find other ways to reasonably accommodate the employee during pregnancy, provided the accommodation does not pose any undue hardship on the employer. Additional reasonable accommodations could include, but are not limited to, time off for prenatal care, temporary leave of absence or modification in work schedule or job assignments. 

The employer cannot require a pregnant employee to accept any of these accommodations if the employee does not want them. 

What is the best way to ensure my company is abiding by the laws under the Women's Economic Security Act?

It is a good idea for employers to update employee handbooks to reflect all changes in the law since the enactment of WESA. Questions can be directed to the Minnesota Department of Labor and Industry at 651-284-5075 or 800-342-5354.

Nursing and lactating employees

Am I required to give a notice to my employees of their rights under the Nursing Mothers, Lactating Employees, and Pregnancy Accommodations law? 

Yes, all employers must provide a notice of their nursing employees’ rights at the time of hire and when an employee makes an inquiry about or requests parental leave. This required notice must also include information about the right to receive a reasonable pregnancy accommodation.

Does the employer have to be a certain size before it is required to comply with the Nursing Mothers, Lactating Employees, and Pregnancy Accommodations law?

No, the size of the employer does not matter. If the employer has just one employee, the employer is required to comply with this law.

Can an employer require an employee to make up time for breaks taken to express milk at work?

No, an employer cannot reduce an employee’s compensation for time taken to express milk. While breaks to express milk may run concurrently with breaks already provided, including existing unpaid breaks, employers can’t reduce an employee's pay or require an employee to make up time used to express milk.

Can an employer require an employee to use paid leave benefits such as sick time, vacation or paid time off for time used to express milk?

No, an employer may not reduce an employee's compensation for time used for the purpose of expressing milk. Compensation includes earned or accrued leave benefits. 

What type of space must the employer provide for an employee to express milk?

The clean, private and secure space provided to express milk must:

  • be in close proximity to the work area;

  • be a room other than a bathroom or toilet stall;

  • be shielded from view;

  • be free from intrusion from coworkers and the public; and

  • include access to an electrical outlet.

An employer is held harmless from providing space that complies with these requirements if reasonable effort has been made.

Who should an employee call if she is not being provided time or space to express milk at work?

For help with these requirements, the employee should call the Minnesota Department of Labor and Industry at 651-284-5075 or 800-342-5354.

For more information

Contact us at dli.laborstandards@state.mn.us or 651-284-5075.