Minnesota PFML Question of the Week: Coordinating FMLA and MNPFML

Employers must understand key distinctions between the federal Family and Medical Leave Act and the Minnesota Paid Family and Medical Leave Law—including coverage differences, eligibility rules and coordination requirements—as well as areas of overlap. Strategic decisions on concurrent leave policies and supplemental benefits like short-term disability can help ensure compliance and minimize administrative complexity.

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

FMLA says that an employee cannot get coverage for a leave involving a father or mother-in-law. Is that correct?

Correct. A parent-in-law is not included in the definition of a “family member” for whom an employee can take FMLA leave to care for their serious health condition. But under MNPFML, a “family member” does include in-laws. This means that any eligible employee who takes a leave to care for a parent-in-law’s serious health condition would not have their MNPFML leave for that reason run concurrently with (i.e., count against) their FMLA leave.

Is our one Wisconsin employee covered under MNPFML? Or do we need short-term disability insurance to cover them?       

Unless your Wisconsin-based employee works at least half of their time in Minnesota (and earned at least 5.3% of Minnesota’s average annual wage in the last 12 months), they are not covered by MNPFML. You can, however, choose to provide them with paid leave or benefits, whether as a company benefit or through short-term disability insurance.

We have a short-term disability benefit. Do you suggest that we keep it or remove it since there is now MNPFML?

The infamous “it depends” answer really does apply here. While MNPFML may, in some ways, effectively displace short-term disability benefits, there may still be some situations where short-term disability benefits may fill a gap not covered by MNPFML. Employers trying to make this decision should weigh the cost of short-term disability coverage with the benefit and the frequency with which employees have used this benefit to determine whether it is worth maintaining. Some employers are choosing to continue offering short-term benefits, while others are using the advent of MNPFML to eliminate this benefit.

Does an FMLA leave run concurrently with a MNPFML leave (in the same way that FMLA can run concurrently with an ADA leave or MPPL leave) so that FMLA is not stacked on top of an MNPFML?

Yes, so long as the leave qualifies under both the federal FMLA and MNPFML and the employer makes clear that all such leaves run concurrently. Keep in mind, though, the differences between the FMLA and MNPFML when it comes to things like types of leave covered, qualifying family members, etc. If an employee, as described above regarding parents-in law, takes MNPFML for a reason not covered by FMLA, this means that the employee’s MNPFML and FMLA leaves would not overlap and could lead to a stacking of sorts if, later in the same benefit year, the employee needs additional leave.

Can we mandate employees to take FMLA and MNPLA concurrently? Also, if an employee wants to use one or the other can we enforce using them at the same time?

Yes, employers can require that an employee’s FMLA and MNPFML run concurrently—again, so long as the leave qualifies under both the federal FMLA and MNPFML and the employer makes clear that all such leaves run concurrently. Assuming that requirement is met, you can require that an employee use the leaves concurrently and not allow them to use only one or the other. Employers in this situation can also lean into their obligation to designate leave as qualifying under the FMLA and notify the employee of this designation, limiting the employee’s ability to make the kind of choice described in the question here.                    

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