Pregnancy and parental leave, FMLA

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Pregnancy and parental leave, FMLA

The following information is about the state Pregnancy and Parental Leave Act and the federal Family and Medical Leave Act (FMLA).

Note: Minnesota’s Paid Leave law, which provides paid time off during or following a pregnancy, goes into effect Jan. 1, 2026.

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How much leave do employees have the right to receive under Minnesota’s pregnancy and parental leave law?

Employees may take up to 12 weeks of unpaid leave upon the birth or adoption of their child. Employees are eligible for this leave regardless of the size or their employer and the amount of time for which they have worked for their employer.

When does the pregnancy and parental leave start?

The leave must be taken within 12 months of the birth or adoption.
Employees must request the leave from their employer.
Employees can choose when the leave will begin.
Employers can adopt reasonable policies about when requests for leave must be made.

Frequently asked questions

What can count against my pregnancy and parental leave?

If you have paid leave, including sick leave or paid vacation, pregnancy and parental leave can be reduced so the total leave (pregnancy and parental plus paid leave) is not more than 12 weeks. Leave taken for prenatal care may not count against pregnancy and parental leave. If you qualify for both federal Family and Medical Leave Act (FMLA) and pregnancy or parental leave, you only have a right to 12 weeks of leave in total for childbirth or adoption of a child and any other pregnancy-related leave. You may be entitled to additional leave under FMLA for a non-pregnancy related serious health condition. If you have questions about FMLA, contact the U.S. Department of Labor at 612-370-3341 or dol.gov/whd/fmla.

Can my pregnancy and parental leave count against FMLA leave?

Yes, you only have a right to 12 weeks of leave total for birth or adoption of a child and any pregnancy-related leave, even if you qualify for both FMLA and pregnancy and parental leave. The federal Family Medical Leave Act FMLA requires employers to provide up to 12 weeks of unpaid leave in connection with the birth or adoption of a child or for a serious health condition. You may be entitled to additional leave under FMLA for a nonpregnancy-related serious health condition. If you have questions about FMLA, contact the U.S. Department of Labor at 612-370-3341 or dol.gov/whd/fmla.

Minnesota’s Paid Leave law, which provides paid time off during or following a pregnancy, goes into effect Jan. 1, 2026.

Does my employer have to continue my benefits during the leave?

Yes. Employees on pregnancy and parental leave are entitled to the same coverage and employer contribution as if they were not on leave.

Do I get my job back when I return from leave?

Yes. You are entitled to employment in your former position or one with comparable duties, hours and pay. You are also entitled to the same benefits and seniority you had before the leave. You may return to part-time work during the leave without forfeiting the right to return to full-time work at the end of the leave. It is against the law for your employer to retaliate, or take negative action, against you for requesting or taking a leave.

Note: If you are a member of the U.S. armed services, you may have additional leave rights under the federal Uniformed Services Employment and Reemployment Rights Act. For information about these rights, call the U.S. Department of Labor at 612-370-3341.