LEAVES SUMMARY LIST LEAVES OF ABSENCE UNDER MINNESOTA LAW - MANDATORY

LEAVES SUMMARY LIST
LEAVES OF ABSENCE UNDER MINNESOTA LAW - MANDATORY
PARENTING – RELATED LEAVES:
A. Sick Child Care Leave – Minn. Stat. 181.9413
 EMPLOYER must allow EMPLOYEE to use accumulated sick leave to care for illness or injury of
EMPLOYEE’s child (under 18 years or under age 20 if still attending secondary school)
B.
Birth or Adoption Leave – Minn. Stat. 181.941
 EMPLOYER must allow EMPLOYEE up to six weeks UNPAID leave in connection with childbirth or
adoption.
o NOTE: Less than amount of time allowed under Family Medical Leave Act (FMLA)
o NOTE: EMPLOYEE must be allowed to remain in EMPLOYER’s group insurance plan, but at
EMPLOYEE’s own expense (different from FMLA)
 EMPLOYEE eligible for this even if not eligible for FMLA (e.g., new employee, small employer, etc.)
C.
School Conference and Activities Leave – Minn. Stat. 181.9412
 EMPLOYER must allow EMPLOYEE up to 16 hours per school year, provided the school conferences or
activities cannot be scheduled during non-work hours.
 Includes child-care/preschool as well as K-12
 EMPLOYEE must provide reasonable prior notice and must make reasonable efforts to schedule so as
“not to disrupt unduly the operations of the EMPLOYER.”
 UNPAID, however EMPLOYEEs may substitute accrued paid vacation or personal leave.
D. Nursing Mothers – Minn. Stat. 181.939
 EMPLOYER must allow reasonable unpaid break time each day for pumping breast milk.
MILITARY LEAVES:
A. Long-Term Leave – Minn. Stat. 192.261
 During period of war or emergency, reservists and National Guard members are entitled to an
UNPAID leave of absence for up to four years.
 Upon reinstatement, EMPLOYEE shall have same rights w/ respect to seniority, vacation, insurance,
sick leave, and other benefits as if actually employed during the time of the leave.
 EMPLOYEE entitled to reinstatement in same or comparable position, provided military service was
completed satisfactorily.
B. Short-Term Leave - Minn. Stat. 192.26
 Reservists and National Guard members are entitled to up to 15 days’ PAID leave per calendar year
for training or active service.
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C.
Civil Air Patrol Service Leave – Minn. Stat. 181.946
 EMPLOYER must grant an UNPAID leave of absence to any member of the Civil Air Patrol for time
spent as a member of the Civil Air Patrol on request of the state/political subdivisions.
D. Leave for Immediate Family of Military Injured or Killed in Active Service – Minn. Stat. 181.947
 EMPLOYER must grant up to 10 working days of a LOA without pay to an EMPLOYEE whose
immediate family member, as a member of the US armed forces, has been injured or killed while
engaged in active service.
E.
Military Ceremony Leave – Minn. Stat. 181.948
 EMPLOYER must give immediate family members UNPAID time off (up to one day per calendar year)
to attend a military send-off or homecoming ceremony, unless the leave would unduly disrupt
EMPLOYER’s operations.
POLITICAL ACTIVITY LEAVES
A. Elected Official Leave, leave for candidates – Minn. Stat. 3.088, Minn. Stat. 43A.32
 Leave to serve as a legislator or full-time city or county elected office.
 Unpaid.
 Upon reinstatement, EMPLOYEE shall have same rights with respect to seniority, vacation, insurance,
sick leave, and other benefits as if actually employed during the time of the leave.
 May be granted leave upon becoming a candidate for an elected public office.
B.
Election Judge Leave – Minn. Stat. 204B.195
 After giving the EMPLOYER at least 20 days written notice, EMPLOYEE may be absent to serve as an
election judge without penalty. EMPLOYER may reduce the salary of the EMPLOYEE serving as the
election judge by the amount paid for his service as a judge while absent from the place of
employment.
C.
Voting Leave – Minn. Stat. 204C.04
 Any EMPLOYEE eligible to vote has right to be absent from work for purposes of voting, for the length
of time necessary to vote, without any loss of pay.
D. Major Political Party Precinct Caucus Leave – 202A.19
 EMPLOYER must grant UNPAID leave to EMPLOYEE for purpose of attending the caucus.
 EMPLOYEE must give at least 10 days’ written notice.
E.
Political Party/Delegate Leave – Minn. Stat. 202A.135
 EMPLOYER must grant UNPAID leave to EMPLOYEE to act as delegate.
 EMPLOYEE must give at least 10 days’ written notice to EMPLOYER.
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OTHER MANDATORY LEAVES:
Union Representation Leave – Minn. Stat. 179A.07, subd. 6
 EMPLOYER must give reasonable time off to elected officers or representatives of the exclusive rep in
order to conduct union business.
 Upon request, EMPLOYER must also provide leave of absence to elected or appointed officials of a
union.
 UNPAID, unless the collective bargaining agreement provides otherwise.
Jury Duty Leave – Minn. Stat. 593.50
 UNPAID – unless the collective bargaining agreement provides otherwise.
Medical Donation Leaves
A. Bone Marrow Donation Leave – Minn Stat. 181.945
 Up to 40 hours PAID leave.
 EMPLOYEE must work average of at least 20 hours per week.
 EMPLOYER may not require use sick leave.
B.
Organ Donor Leave – Minn. Stat. 181.9456
 Up to 40 hours PAID leave.
 EMPLOYEE must work average of 20 hours per week.
Leave to Obtain a Restraining Order for Harassment or Domestic Abuse or to Testify as a Victim or Witness –
Minn. Stats. 609.748, subd. 10; 611A.036; 518B.01, subd. 23
 EMPLOYERs must grant EMPLOYEEs “reasonable” time off.
 Unless impracticable, EMPLOYEE must give EMPLOYER 48 hours’ notice, unless imminent danger to
EMPLOYEE or EMPLOYEE’s child.
Athletic Participation Leave – Minn. Stat. 15.62
 EMPLOYER must grant PAID LOA of up to 90 days for EMPLOYEEs who are members of Olympic teams.
Volunteer Firefighter & Rescue Workers Agreement – Minn. Stat. 43A.321
 EMPLOYEE must enter into an agreement with EMPLOYER. EMPLOYEE cannot respond to a call when the
EMPLOYEE’s sudden absence would endanger others and EMPLOYEE must remit any compensation
received for responding to the call.
Disaster Volunteer Leave – Minn. Stat. 43A.185
 A state EMPLOYEE who is a certified disaster service volunteer of the American Red Cross may be granted
leave with 100% of pay, not to exceed 15 working days in each year, to participate in specialized disaster
relief services for the American Red Cross.
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B. COMMON LEAVES OF ABSENCE UNDER FEDERAL LAW – MANDATORY (PROVIDED
EMPLOYEE MEETS QUALIFICATION CRITERIA)
A. Family Medical Leave Act
a. Eligible EMPLOYEEs receive up to 12 weeks off. Supervisor must notify EMPLOYEE within two days if
the EMPLOYER will be counting the time off as FMLA or not.
b. Military Family Leave Provisions
i. Qualifying Exigency Leave – An immediate family member of a military member can take
leave to address activities related to the military member’s foreign deployment.
ii. Military Caregiver Leave – An eligible EMPLOYEE may take up to 26 weeks to care for a
service member who incurred a serious injury or illness while on active duty.
B.
Americans with Disabilities Act
a. An extended leave could be a reasonable accommodation, depending on the circumstances.
b. A recent hire could be eligible for a leave for a covered disability if the leave is reasonable under the
particular circumstances; there is no eligibility waiting period.
CONTRACTUAL LEAVES – MANDATORY (M) AND DISCRETIONARY (D)
A.
B.
C.
D.
E.
Vacation Leave (D)
Sabbatical Leave (D)
Educational Leave (D)
Sick Leave (M)
Bereavement Leave (M)
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Rev. February 2013