Minnesota PFML Question of the Week: How FMLA and MNPFML Interact

Employers must carefully navigate eligibility, notice requirements and documentation when coordinating the Family and Medical Leave Act (FMLA) with the Minnesota Paid Family and Medical Leave Law (MNPFML). While concurrent leave is oftentimes possible, compliance hinges on eligibility requirements, benefit-year alignment and appropriate communication to employees.

The questions and answers in this legal update contain practical guidance for employers on managing overlapping obligations under FMLA and MNPFML.

If an employer currently has fewer than 50 employees, does FMLA come into play?

Probably not, but recall that when determining if an employer has 50+ employees for purposes of FMLA coverage, the employer must determine if it had 50+ employees in each working day in 20 or more calendar weeks in the current or previous calendar year. The 20-or-more calendar weeks need not be consecutive. After reviewing payroll, if this 50+ employee count is not met, then FMLA is not in play.

How much notice is required if an employer wants to change their FMLA benefit year to align with the MNPFML benefit year?

The FMLA requires that employers provide 60 days’ notice of their intention to change the FMLA benefit year. During that 60-day period, employees must be provided the FMLA benefit year that is the most beneficial under the circumstances. 

Can an employee take FMLA and MNPFML for the same medical condition?

Yes. Depending on the circumstances, the employer may require that these leaves run concurrently. Employers must communicate this requirement to employees in their policies.

If an employee has applied for MNPFML for a reason that qualifies for leave under FMLA too, can the employer require that the leaves run concurrently? Or can an employee elect to take MNPFML and then FMLA separately later in the benefit year?

The employer can require that MNPFML and FMLA run concurrently if both apply at the same time. Employees may not elect to take the leaves separately in that situation.

However, whether both leaves apply at the same time requires analysis. An employee may be eligible for MNPFML but not FMLA for several reasons, including, for example, that the employee has not met FMLA eligibility requirements or has exhausted their FMLA leave entitlement.

When running MNPFML and FMLA concurrently, do employees also need to complete the medical certification for FMLA?

Employers may continue to require that employees complete the required FMLA certification form, but this is not required if the documentation provided in connection with the employee’s request for MNPFML suffices for FMLA purposes as well.

Practically, employers will want to consider whether they need a separate form to determine that the employee is FMLA eligible. If the MNPFML documentation gives the employer enough information to determine if the employee is FMLA eligible, it is in the employer’s best interest to accept that documentation and approve the FMLA leave so that the leaves run concurrently if both apply at the same time. Of note, the State of Minnesota has indicated that it will accept FMLA forms when determining eligibility for MNPFML.

For more information, please contact your Fredrikson employment law attorney.