Minnesota Parental Leave Law: Do Churches Comply?

Minnesota's Pregnancy and Parental Leave Act (PPLA) guarantees paid family and medical leave to almost all workers in the state, including those working for churches and other religious institutions. The law, which comes into effect on January 1, 2026, provides workers with up to 12 weeks of paid leave for pregnancy, childbirth, and parenting. It covers both full-time and part-time workers, and employees are eligible regardless of how long they have been with their employer. This means that workers in Minnesota will be legally entitled to take time off to care for their new child, regardless of whether they work for a religious organisation or not.

Minnesota's Pregnancy and Parenting Leave Act (PPLA)

The PPLA is similar to the federal FMLA in that employers must continue to provide insurance coverage to employees and their dependents during the leave. However, employees may be required to pay the full cost of the coverage. Additionally, employers are prohibited from taking any negative action against employees for requesting or using leave under the PPLA.

The PPLA is more generous in its eligibility requirements than the federal and state FMLAs, but its focus is narrower. It covers more employers and employees, but the FMLAs provide leave for more qualifying reasons.

It's important to note that Minnesota's Paid Leave law, which provides paid time off during or following a pregnancy, will go into effect on January 1, 2026. This law will provide up to 12 weeks of paid medical or family leave per year, or up to 20 weeks if there are multiple "qualifying events" in the same year.

Parental leave rights

Minnesota's Parental Leave Act (MPLA) gives employees the right to take pregnancy and parenting leave. Employees can take up to 12 weeks of unpaid leave for the birth or adoption of a child, prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions. This law applies to all employers in the state, regardless of their size, and employees are eligible for this leave as soon as they are hired.

The federal Family Medical Leave Act (FMLA) also gives eligible employees the right to take up to 12 weeks of unpaid leave for pregnancy, childbirth, or parenting. However, the FMLA only applies to employers with at least 50 employees. If an employee is eligible for both federal and state leave, they are entitled to a total of 12 weeks of leave.

Minnesota's new Paid Family and Medical Leave Law, which comes into effect on January 1, 2026, will provide nearly all workers in the state with the right to paid family and medical leave. This law will cover both private sector and state and local government employees, regardless of employer size, and will include both full-time and part-time workers. Workers will be able to receive up to 12 weeks of paid leave in each of the two categories: 1) medical leave, including for pregnancy or recovery from childbirth, and 2) all other kinds of leave, including parental leave.

It is important to note that Minnesota's Human Rights Act and the federal Pregnancy Discrimination Act require employers to treat employees who cannot work due to pregnancy the same as employees with other temporary disabilities. This means that if an employer allows employees to take time off for other temporary disabilities, such as an injured hand or a bad back, they must also allow pregnant employees to take the same amount of time off.

Employer insurance obligations

Minnesota's Pregnancy and Parenting Leave Act (PPLA) states that employers must continue to make insurance coverage available to employees and their dependents under any group insurance policy, group subscriber contract, or healthcare plan during this leave. This means that employees on pregnancy and parental leave are entitled to the same coverage and employer contribution as if they were not on leave.

However, it is important to note that employees may be required to pay the full cost of coverage. This is a change from previous legislation, which only required employers with 21 or more employees to provide insurance coverage during leave. Now, with the expansion of the PPLA, even employers with only one employee working in Minnesota must comply with this insurance obligation.

The PPLA also provides protections for employees who request or use their leave entitlements. Employers are prohibited from taking negative actions against employees for utilising their rights to leave under the law. This includes termination, discipline, penalization, interference, threats, coercion, or other forms of discrimination.

In addition to the PPLA, the federal Family Medical Leave Act (FMLA) also grants eligible employees the right to take up to 12 weeks of unpaid leave for pregnancy, childbirth, or parenting. This applies to employers with at least 50 employees. The FMLA also requires employers to maintain health benefits for employees during their leave, as outlined above.

With the upcoming implementation of Minnesota's Paid Family and Medical Leave program, starting January 1, 2026, employees will have additional options for paid leave. This program will provide up to 12 weeks of paid leave per year for medical or family reasons, with a potential total of 20 weeks if there are multiple qualifying events in the same year.

Employee eligibility

Minnesota's Pregnancy and Parenting Leave Act (PPLA) applies to all employers with one or more employees working in the state, including businesses, trusts, nonprofits, and governmental bodies and subdivisions.

To be eligible for leave under the PPLA, employees must be either the natural or adoptive parent of a child. There are no length-of-service or hours-worked requirements for eligibility.

From January 1, 2026, Minnesota's Paid Leave law will provide paid time off during or following a pregnancy. To be eligible for paid leave, employees must have earned at least 5.3% of the state's average annual wage (approximately $3,500) in the year before taking leave. Seasonal workers who are employed for no more than 150 days and federal employees are not eligible for paid leave, but self-employed individuals may opt in for coverage.

Under the PPLA, eligible employees are entitled to up to 12 weeks of unpaid leave for the birth or adoption of a child, prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions. This leave must be taken within 12 months of the birth or adoption, and employees can choose when the leave will begin.

The federal Family Medical Leave Act (FMLA) also gives eligible employees the right to take up to 12 weeks of unpaid leave for pregnancy, childbirth, or parenting. However, the FMLA only applies to employers with at least 50 employees. If an employee is eligible for both PPLA and FMLA leave, they are entitled to a total of 12 weeks of leave, which can be taken back-to-back if the employer agrees.

It is important to note that employers are prohibited from discriminating or retaliating against employees for requesting or using leave under the PPLA or FMLA.

Discrimination protection

• Reasonable Accommodations: Minnesota law mandates that employers provide reasonable accommodations for employees during pregnancy or childbirth. These accommodations include more frequent and longer breaks, seating, and a lifting limit of 20 pounds. Employers are legally obligated to comply with these requests without requiring employees to show medical documentation.
• Pregnancy Discrimination Act (PDA): The PDA, a federal law, prohibits employers from discriminating against pregnant employees. It requires employers to treat employees who cannot work due to pregnancy the same as employees with other temporary disabilities. For example, if an employer allows time off for employees with an injured hand or a bad back, they must also allow pregnant employees the same time off if they are unable to work.
• Minnesota Human Rights Act: Minnesota's own legislation, the Minnesota Human Rights Act, includes similar provisions to the PDA. It ensures that employees who don't qualify for time off under the federal Family Medical Leave Act (FMLA) or Minnesota's pregnancy leave law are still protected from discrimination.
• 2023 Pregnant Workers Fairness Act (PWFA): This federal law requires covered employers with 15 or more employees to provide reasonable accommodations, such as time off and reduced schedules, for workers who need them due to pregnancy, childbirth, and related conditions.
• Minnesota Parental Leave Act (MPLA): Minnesota's parental leave law applies to virtually all employers, regardless of their size or how long an employee has worked for them. It entitles employees to up to 12 weeks of unpaid leave for pregnancy disability and parenting combined.
• Minnesota's Paid Leave Law: Starting January 1, 2026, Minnesota's Paid Leave Law will provide paid time off during or following a pregnancy. This law will apply to almost all employees in the state and will offer job protection alongside paid leave.
• Minnesota Department of Human Rights: The state has designated the Minnesota Department of Human Rights as the authority to handle possible pregnancy or sexual discrimination claims. Employees who believe they are being discriminated against due to pregnancy can contact this department for assistance.
• Retaliation Protection: Minnesota law prohibits employers from retaliating against employees for requesting or taking a leave. Any reduction in hours, demotion, or change in duties after an employee returns from parental leave could be considered retaliation and is not permitted.
• Harassment and Hostile Work Environment: Minnesota law also protects employees from harassment, disparaging comments, or a hostile work environment related to their pregnancy, caregiving responsibilities, or maternity leave. Employees who experience such treatment have legal recourse and can pursue claims against their employer.

Frequently asked questions