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Maybe. First, the federal Family and Medical Leave Act (FMLA) allows eligible employees (of FMLA-covered employers) up to 12 workweeks off per year to care for the birth of a child.

If she is not eligible for FMLA leave, there is also a potential she is eligible for leave off work per the MN Parental Leave Law. Under Minnesota’s law, an eligible employee may take up to 6 weeks off following the birth of their child. To be eligible under this law, the employee must have worked at least 1/2 time and have been employed with your company for at least a year prior to going out on leave for a covered employer. Determining whether an employer is “covered” under these Minnesota and Federal leave laws can be complex, so it is important to contact your legal counsel for guidance.

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.


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