Unpaid pregnancy and parental leave, FMLA | Minnesota Department of Labor and Industry

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Unpaid pregnancy and parental leave, FMLA

The following information is about the Minnesota Pregnancy and Parental Leave law and the federal Family and Medical Leave Act (FMLA).

Note: Minnesota’s Paid Leave law is a separate law administered by the Minnesota Department of Employment and Economic Development. For questions related to this law, visit paidleave.mn.gov.

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How much unpaid leave do employees have the right to receive under Minnesota’s pregnancy and parental leave law?

Employees may take up to 12 weeks of unpaid leave during or following pregnancy. Employees are eligible for this leave regardless of the size of their employer and the amount of time for which they have worked for their employer.

This unpaid leave may run concurrently with leave under the federal Family and Medical Leave Act (FMLA) or Minnesota Paid Leave.

Note: Minnesota Paid Leave is a separate law that provides paid time off and job protections for most workers during pregnancy, after childbirth, or to bond with a child. For more information, visit paidleave.mn.gov.

When does the unpaid pregnancy and parental leave start?

The leave must be taken within 12 months of the birth or adoption.
Employees must request the leave from their employer.
Employees can choose when the leave will begin.
Employers can adopt reasonable policies about when requests for leave must be made.

Frequently asked questions

What can count against my unpaid pregnancy and parental leave?

If you have paid leave provided by your employer, including sick leave or paid vacation, pregnancy and parental leave can be reduced so the total leave (pregnancy and parental plus paid leave) is not more than 12 weeks.

Note: This 12-week limit applies to unpaid leave under Minnesota’s Pregnancy and Parenting Leave law. If you qualify for Minnesota Paid Leave, you may be eligible for up to 12 weeks for your own serious health condition and up to 12 additional weeks for bonding, with a combined maximum of up to 20 weeks per benefit year.

Leave taken for prenatal care may not count against pregnancy and parental leave. If you qualify for both federal Family and Medical Leave Act (FMLA) and pregnancy or parental leave, you only have a right to 12 weeks of leave in total for childbirth or adoption of a child and any other pregnancy-related leave. You may be entitled to additional leave under FMLA and/or Minnesota Paid Leave for a non-pregnancy related serious health condition.

For FMLA questions, contact the U.S. Department of Labor at 612-370-3341 or dol.gov/whd/fmla.

For Minnesota Paid Leave questions, contact the program at 651-556-7777 or go to paidleave.mn.gov.

Does my employer have to continue my benefits during the leave?

Yes. Employees on pregnancy and parental leave are entitled to the same coverage and employer contribution as if they were not on leave.

Do I get my job back when I return from leave?

Yes. You are entitled to employment in your former position or one with comparable duties, hours and pay. You are also entitled to the same benefits and seniority you had before the leave. You may return to part-time work during the leave without forfeiting the right to return to full-time work at the end of the leave. It is against the law for your employer to retaliate, or take negative action, against you for requesting or taking a leave.

Note: If you are a member of the U.S. armed services, you may have additional leave rights under the federal Uniformed Services Employment and Reemployment Rights Act. For information about these rights, call the U.S. Department of Labor at 612-370-3341.