Employers in Minnesota may coordinate legally required leave types with Minnesota Paid Leave (“Paid Leave”) to prevent the stacking of leave benefits. When doing so, employers should revise their policies to clearly indicate that applicable leaves will run concurrently.

Employer Sponsored Medical Health Insurance: Employers must maintain healthcare benefits during the period of Paid Leave. However, employees will be responsible for the employee portion of the premium.

FMLA:  Family and Medical Leave (“FMLA”) can be concurrent where the employee is eligible for both Paid Leave and FMLA taken for the same purpose. However, keep in mind that the eligibility requirements for FMLA and Paid Leave are different so eligibility under one may not result in eligibility under both  for purposes of running the leave concurrently.

Minnesota Pregnancy and Parenting Leave Act (MPPLA):  Employers can require that Paid Leave runs concurrent with any qualifying leave under the MPPLA for the same purpose.

Minnesota Women’s Economic Security Act (WESA): Paid Leave can run concurrently to provide paid time off during or following a pregnancy provided it is a leave eligible under both statutes.

Pregnant Workers Fairness Act (PWFA): Leaves eligible under both Paid Leave and the PWFA can run concurrently.

MN Earned Sick and Safe Time (ESST):  Paid Leave and ESST are two different programs focused on different leave needs.

ESST does not require a qualifying event of seven consecutive days. It is administered by the Department of Labor and Industry rather than DEED and may be used for short-term absences, such as an employee’s brief illness or to care for a sick child. The Minnesota Department of Labor and Industry has stated “the ESST law does not limit or otherwise affect the applicability of other laws that extend other protections to employees.”

Paid Leave is administered by DEED and based on eligibility requirements and a need for longer-term leave related to more serious conditions such as serious injury, illness, safety, or other qualifying situation as outlined in the statute.

Social Security Disability: An employee who has received Social Security Disability for any week is usually not eligible for Paid Leave unless they meet certain criteria as outlined in the statute (Minn. Stat. §268B.06, subd 8).

Workers Compensation: Employees are not eligible for Paid Leave if they are already receiving wage loss benefits pursuant to worker’s compensation laws in an amount equal to or in excess of Paid Leave benefits. However, if the worker’s compensation benefit  is less than the Paid Leave, they may still be eligible for the Paid Leave reduced by the amount of the worker’s compensation benefit.

Short Term Disability (STD): STD may run concurrently with Paid Leave; however,  the STD benefits may be offset based on the amount of Paid Leave received by the employee.

Coordinating and properly tracking the many leave provisions available for employees can be a complex exercise. If you or your organization have questions on how to effectively administer leaves, contact Wiley Reber Law, for legal advice that works.