Minnesota Paid Leave – Questions of the Week: Potpourri of More Employer FAQs

Employers are asking detailed, practical questions that go beyond initial coordination issues with the Family and Medical Leave Act (FMLA). Below are five high-impact Minnesota Paid Leave topics we continue to see. Use these short answers to guide policy, communications and day-to-day administration.

Benefit Timing

Q1: Is there a seven-day waiting period before Minnesota Paid Leave pays benefits — especially for intermittent leave?

There is no nonpayable waiting week under Minnesota Paid Leave. Instead, the law requires that the qualifying event be expected to last at least seven calendar days. Once that expectation is met, benefits are payable to the first day of leave. This is true even if the leave ultimately lasts fewer than seven days. For intermittent leave, the seven calendar days do not need to be consecutive, which is a critical distinction for employers tracking absences over time. Bonding leave is treated differently and is not subject to the seven-day expectation requirement at all.

Supplementing Minnesota Paid Leave Benefits with ESST/PTO and Disability

Q2: Can employees use Earned Sick and Safe Time (ESST) or Paid Time Off (PTO) to ‘top off’ Minnesota Paid Leave benefits — and can employers restrict supplementing? What about PTO accruals during Minnesota Paid Leave?

Minnesota Paid Leave provides partial wage replacement, and employers may allow employees to supplement Minnesota Paid Leave benefits with PTO or ESST. However, employer policies must respect ESST’s independent statutory protections and cannot restrict its use in ways that conflict with state law. Many employers choose to permit voluntary “top-offs” to bring employees closer to full pay, but policies should clearly explain whether supplementation is optional, how it is elected and how it interacts with payroll systems. PTO accruals during Minnesota Paid Leave should generally follow the employer’s standard plan terms, so long as those terms comply with Minnesota law. Careful coordination is necessary to ensure Minnesota Paid Leave benefits, ESST, PTO and any disability benefits do not overlap in a way that results in impermissible duplication or overpayment.

Q3. If an employee doesn’t get full pay under Minnesota Paid Leave, can they supplement this with Short Term Disability (STD)?

Employees may be able to supplement Minnesota Paid Leave benefits with short-term disability benefits, depending on the terms of the employer’s STD plan and coordination rules. Employers should ensure that policies clearly address how Minnesota Paid Leave and STD interact and should monitor total wage replacement so that combined benefits do not exceed 100% of the employee’s regular pay. Thoughtful coordination helps avoid payroll errors and employee confusion.

Eligibility, Coverage and Multi‑Event Administration

Q4. Can an employee take 12 weeks of medical leave for one condition and then a separate eight weeks for a different condition under Minnesota Paid Leave?

Employees may take Minnesota Paid Leave for multiple qualifying events within a benefit year, provided each event independently qualifies under the statute. However, the total amount of leave taken cannot exceed the statutory maximums, which allow up to 12 weeks of medical leave and up to 12 weeks of family or bonding leave, subject to a combined annual cap of 20 weeks. When employees experience multiple conditions or events, employers should focus on cumulative usage within the benefit year rather than treating each condition as a separate entitlement.

Q5. Are seasonal employees covered under Minnesota Paid Leave?

Seasonal employees are generally covered under Minnesota Paid Leave if they meet the wage and work requirements established by the statute. Coverage is determined by earnings and work performed during the applicable lookback period, not by whether an employee is labeled as “seasonal.” As a result, employers should track wages and hours for all employees, including seasonal staff, and evaluate eligibility based on the statutory criteria rather than job classification alone.

Q6: Which multi-state employees are covered — how do we apply the 50% in Minnesota rule and do we reassess coverage over time?

Coverage under Minnesota Paid Leave is based on where work is performed, not where the employee lives. An employee is covered if they performed at least 50% of their work in Minnesota during the prior year. If no single state reaches the 50% threshold, Minnesota coverage applies if the employee resides in Minnesota during 50% or more of the calendar year and performs some work in the state. Because employee work patterns can shift — particularly for hybrid, remote or traveling roles — employers should reassess coverage periodically, such as annually or when job duties materially change, and adjust premium withholding and eligibility communications accordingly.

Q7. If we have team members who live in Minnesota but work more than 50% in another state, can we require them to take Minnesota Paid Leave?

No. Eligibility for Minnesota Paid Leave is based on where the employee performs their work, not where they reside. If an employee works more than 50% of their time outside Minnesota, they are generally not covered by Minnesota Paid Leave, even if they live in the state. Employers should evaluate coverage using actual work location data and apply Minnesota Paid Leave requirements only where the statutory criteria are met.

Q8. Can an out-of-state doctor certify a Minnesota Paid Leave?

Yes. Minnesota Paid Leave allows certification from any licensed healthcare provider, regardless of the state in which they practice, as long as the certification satisfies Minnesota’s documentation requirements. Employers should focus on the completeness and sufficiency of the certification rather than the provider’s geographic location.

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