At Meuser Law Office, P.A., we regularly have employees come to us with questions regarding the Family and Medical Leave Act (FMLA). This law involves an employee’s entitlement to leave, maintenance of health benefits during leave, and their ability to get their job back after taking leave. This law does not entitle an employee to wage loss benefits during leave but it does have some other substantive protections that will be outlined in this article. There are important distinctions between the federal and state Family and Medical Leave Acts, and it is crucial that you first determine whether you are a qualified employee working for an employer subject to the FMLA. This eligibility is discussed at length in the first part of this article and in a recently posted blog article.
How much leave am I entitled to under the FMLA?
Under the federal FMLA eligible employees are entitled to up to a total of 12 weeks during a 12-month period; however, leave for birth, adoption, foster care, or to care for a parent with a serious health condition must be shared by spouses working for same employer.
Under the Minnesota state law, eligible employees are entitled to six weeks for birth or adoption unless the employee and employer agree to a longer period. Additionally, an employee can use personal sick leave benefits to attend to a child for a reasonable period of time.