Minnesota is making improvements to its paid leave regulations for 2026, and the update is important for both employers and employees to review. On January 1, 2026, the Minnesota Paid Family and Medical Leave statute will go into effect, adding state regulations to existing federal policy to offer workers in the region the benefit of an additional safeguard in terms of taking leave for health, family care, and safety issues. Minnesota’s paid leave law will apply to nearly all employees in the region, providing up to 20 weeks of leave in total, with both family and medical leave considered.
The Minnesota paid leave policy for 2026 provides up to 20 weeks of paid leave protections for medical or family leave combined. (Image: Pexels)
Minnesota Paid Leave Policy for 2026: What Is Changing?
Paid leave policies provide employees with the opportunity to take time off from work without the threat of job loss, enabling them to care for themselves or their family with a clear mind. The Minnesota paid leave policy goes into effect on the first day of 2026, which leaves just over two weeks for employers to adjust their policy and ensure that employees are aware of the benefits available to them.
Under the regulations, employers must ensure that employees can take up to 20 weeks of combined leave away from work if they experience an eligible event, as defined by the law. On resuming their duties, employers must return the employee to their original job or an equivalent position where all their terms of employment, such as pay or working conditions, remain the same. Employees cannot be demoted to a lower position or have their pay and benefits docked after their return.
How Much Pay Will Employees Receive When On Paid Leave?
Under paid leave regulations, employees do not receive their full pay but a part of it during their time away. Most workers can expect to receive between 55% to 90% of their regular wages. A maximum amount has been set with regard to the state average, which now stands at $1,423 per week. The paid leave is funded by premiums paid by employers and employees.
What Are the New Legal Requirements Regarding Paid Leave in Minnesota?
The policy is divided into two parts, providing 12 weeks of medical leave for personal health issues and 12 weeks of family leave to care for a family member. Employees who may need to use both paid leave and family leave in the same benefit year can use a combined 20 weeks of leave. The benefit year refers to a 52-week period that begins on the first day that an employee takes leave from work for an event that qualifies under the new policy.
Starting January 1, 2026, employees will be eligible for up to 12 weeks of paid leave for their own health conditions, which includes pregnancy, childbirth, recovery, or surgery. Similarly, under the MN paid family leave policy, employees will also be eligible for up to 12 weeks of leave to care for their child, whether through birth, adoption, or while fostering them. They can also use the leave to care for a family member with serious health issues, or to support a military family member called to active duty.
Employees can also use Minnesota’s employment leave law to respond to certain personal safety issues, such as domestic violence, sexual assault, or other similar incidents where their well-being is under attack.
MN Paid Leave Eligibility: Who Qualifies Under Minnesota’s Employment Leave Law?
Part of ensuring compliance with the Minnesota paid leave regulation involves understanding the eligibility criteria. The paid leave protections kick in after 90 calendar days from the original date of hiring, and for employees to qualify under the Minnesota paid leave law in 2026, they need to ensure:
- They work at least 50% of their time from Minnesota, which means they can travel to other locations but need to spend at least 50% of their employment within the state bounds
- They encounter an event that qualifies under the Medical Leave or Family Leave criteria
- Their need for leave is approved by a healthcare service provider, with the form filled out to prove it
- They have earned at least $3,900 or 5.3% of the state’s average annual wage in the last 12 months
- They have not used up their allotted leave for the year already
Will Remote Workers Be Covered Under the Minnesota Paid Leave Law?
Remote workers who work from home for the majority of their employment are also covered under Minnesota’s paid leave regulations for 2026, as long as they work at least 50% of the time from Minnesota. Those who spend more than 50% of their time working in a different state will not be covered by the new policy.
Who Is Considered a Family Member Under the Family Paid Leave Regulation?
The MN paid family leave policy is very comprehensive, and isn’t just limited to the care of a parent or spouse. Employees can use the leave to care for a child, partner, parent, caregiver, sibling, grandparents, in-laws, or anyone close to the employee who depends on them without the expectation of compensation for the care.
These categories also support non-blood relatives, allowing employees to use the leave to care for their near and dear ones. Employees will, however, have to specify who they are taking the leave for and what their relationship is when applying for the leave.
Can the Paid Leave Protection in Minnesota Be Used Intermittently?
Employees are free to use the Minnesota employment leave law as per their needs. This can include a long block of leave at once, or an application for intermittent leave, such as going in for different surgeries or treatments as needed through the benefit year.
Employees can avail up to 12 weeks of medical leave or up to 12 weeks of family leave, or a combined 20 weeks of leave in the benefit year. Alternatively, employees can use 480 hours of intermittent leave in a year for those who may require a few hours away from work to care for themselves or a family member.
The Minnesota Employment Leave Law Is Just One Example of Shifting Regulations Surrounding Work
From shifts in minimum wage to AI regulations, there are many new employment policies that are set to take effect across the US in 2026, and it’s up to employers to ensure compliance. The federal Family and Medical Leave Act (FMLA) provides similar safeguards to employees across the US to ensure that employees are protected from employer retaliation when they need leave for a family or personal medical emergency. Employees in Minnesota will now be able to take up to 20 weeks of leave combined for eligible qualifying events, which is a generous benefit on most counts.
In cases where employers are reluctant to comply with regulations or resort to retaliation against the employee, workers will be free to take legal action against their employers. This means employers will have to be more careful about understanding the existing regulations around paid leave for employees, ensuring that all decisions are carefully recorded and filed for future review.
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