Leave - Minnesota

Jury duty

Minnesota law doesn’t require employers to pay employees on jury duty.

Voting

Minnesota law allows employees time off to vote in elections, where an “election” means a regularly scheduled state primary or general election, an election to fill a vacancy in the office of United States senator or United States representative, or an election to fill a vacancy in the office of state senator or state representative. Every employee who is eligible to vote has the right to be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election, without penalty or deduction from salary or wages because of the absence. This means that employers must continue paying employees during the absence, although the non-working time should not have to be credited toward overtime.

Election judge

An employee selected to serve as an election judge may, after giving an employer at least 20 days' written notice, be absent from work for the purpose of serving as an election judge without penalty. Employers may reduce the salary or wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from work.

The written request must be accompanied by a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. Employers may restrict the number of persons to be absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite.

Crime Victims

Minnesota law provides that employers must allow a victim or witness, who is subpoenas or requested by the prosecutor, time off to attend criminal proceedings related to the victim's case. The victim may be the employee, or the employee's spouse or next of kin.

Employers are prohibited from discharging, disciplining, threatening, or otherwise discriminating or penalizing employees regarding employees' compensation, terms, conditions, location, or privileges of employment, because employees took time off.

Employees must provide their employer with 48 hours' notice of the time off, unless impracticable. Upon request of the employer, the employees must provide verification that supports the employees' reason for the absence. The employer must keep all information pursuant to the absence confidential.

Employers who violate the provisions may face a civil action, including remedies of damages, costs and disbursements, and attorney fees. The employer may also be required to reinstate any discharged employee who took time off under the provisions, and pay back wages as appropriate.

Bone marrow donation leave

Employers with 20 or more employees must allow employees to take up to 40 hours of paid leave to donate bone marrow. Employees are those who work an average of at least 20 hours per week. The law does not include other employee eligibility criteria.

The employer may require employees to provide physician verification regarding the purpose and length of the leave. If there is medical determination that the employee does not qualify as a bone marrow donor, the paid leave is not forfeited.

Employers are prohibited from retaliating against employees for exercising their rights under this law.

Military family leave

Employers must grant up to 10 days of unpaid leave to an employee whose immediate family member, as a member of the United States Armed Forces, was injured or killed while engaged in active service.

Employees must give as much notice as practicable of the intent to take leave.

The length of military family leave provided may be reduced by any period of paid leave provided by the employer.

Unless the leave would unduly disrupt operations, an employer must grant unpaid leave to an employee whose immediate family member, as a member of the United States Armed Forces, has been ordered into active service in support of a war or other national emergency.

The employer may limit the amount of leave to the actual time necessary for the employee to attend a send-off or homecoming ceremony for the mobilized service member, not to exceed one day's duration in any calendar year.

“Immediate family member” means a person's grandparent, parent, legal guardian, sibling, child, grandchild, spouse, or fiancé.

Leave for military ceremonies

Unless the leave would unduly disrupt operations, an employer shall grant a leave of absence without pay to an employee whose immediate family member, as a member of the United States armed forces, has been ordered into active service in support of a war or other national emergency. The employer may limit the amount of leave to the actual time necessary for the employee to attend a send-off or homecoming ceremony for the mobilized service member, not to exceed one day’s duration in any calendar year.

“Immediate family member” means a grandparent, parent, legal guardian, sibling, child, grandchild, spouse, fiance, or fiancee.

School conference and activities leave

Employers must grant employees leave of up to a total of 16 unpaid hours during any 12-month period to attend school conferences or school-related activities related to the employee’s child, provided the conferences or school-related activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer.

Civil Air Patrol leave

Unless the leave would unduly disrupt the operations of the employer, employers with 20 or more employees must allow employees to take unpaid leave for time spent rendering service as a member of the Civil Air Patrol on the request and under the authority of the state or any of its political subdivisions.

Employees are those who work an average of at least 20 hours per week. The law does not include other employee eligibility criteria.