My Employee is Going to Have a Baby and Wants to Take Some Time Off After Birth to Spend Time With the Child. We’re Really Busy. Do I Need to Give Her Time Off?

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.

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