Job Protections Under Minnesota Paid Leave

Minnesota’s Paid Leave program began Jan. 1, 2026, providing payments and job protections for family and medical leave.

The Department of Employment and Economic Development (DEED) administers Paid Leave, including applications and payments. The Department of Labor and Industry (DLI) ensures employees’ jobs and health insurance coverage are protected while on Paid Leave, among other protections.

Employers are prohibited from retaliating or interfering if an employee applies for, uses, or otherwise exercises rights under Paid Leave, and DLI enforces these protections to promote fair workplaces statewide.

Employer Responsibilities

  • Do not retaliate or interfere with Paid Leave applications, use, or other rights under Paid Leave.
  • Continue paying your share of insurance benefits for the employee and any dependents during leave.
  • Reinstate employees to the same or an equivalent position after leave.
  • Do not require employees to waive Paid Leave rights, and do not collect debts from employees’ Paid Leave benefits.
  • Paid Leave premium deductions from employees’ wages must not:
    • Be more than .44% of wages for 2026; or
    • Reduce employees’ wages below the applicable minimum wage.

Learn more: dli.mn.gov/paid-leave-protections

Employees’ Rights

  • Your employer cannot interfere with or retaliate against you if you apply for, use, or exercise rights under Paid Leave.
  • Your employer must continue insurance benefits during your leave for you and your dependents.
  • You must be returned to the same position or an equivalent position after leave, subject to the limits in Minn. Stat. § 268B.09, subd. 7.

Contact DLI’s Labor Standards Division at [email protected] or 651-284-5075 for more information.

For answers to questions about eligibility or applying for Paid Leave, call DEED at 651-556-7777 or visit
mn.gov/deed/paidleave/about/contact-us.

Front Loading Versus Accrual: How Earned Sick and Safe Time Carryover Works

Employers have options for providing earned sick and safe time (ESST). The method you choose (accrual or front loading)
determines whether unused hours carry over into the next year.

Option 1: Accrual and Carryover

  • Employees accrue ESST from their first day of employment.
  • The accrual rate is at least one hour for every 30 hours worked.
  • Accrual caps at 48 hours a year unless the employer agrees to a higher amount (Minn. Stat. § 181.9446).
  • Unused hours carry over, but total ESST cannot exceed 80 hours unless the employer allows more.

Option 2: Front Loading With Payout

  • Provide at least 48 hours of ESST at the start of the year.
  • Pay out unused hours at year-end at the employee’s base rate.
  • There is no carryover of unused hours.

Option 3: Front Loading Without Payout

  • Provide at least 80 hours of ESST at the start of the year.
  • Unused hours are not paid out and do not carry over.

Bottom line: Accrual allows flexibility and carryover; front loading reduces administrative tasks and eliminates carryover.
Choose the option that fits your organization’s needs and ensures compliance.

What Is a “Year” Under the ESST Law?

A “year” means a regular and consecutive 12-month period determined by the employer and clearly communicated to employees. Common options include:

  • Calendar year (Jan. 1 through Dec. 31)
  • Tax year
  • Fiscal year
  • Employee’s anniversary date