Tag Archive for: family and medical leave act

Minnesota Paid Family and Medical Leave: What Employees Should Know After the First Month

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Minnesota’s new Paid Family and Medical Leave (PFML) law is now in effect, and the first month has given employees their first real look at how the program works in practice.

For many workers, this is the first time they have access to state-run paid leave benefits for serious health conditions, bonding with a new child, caring for a family member, or certain military-related events. While the program is new, the basic rights are clear — and important.

What the Law Provides

Minnesota’s Paid Family and Medical Leave program allows eligible employees to receive partial wage replacement when they need time off for:

  • Their own serious health condition
  • Bonding with a new child
  • Caring for a family member with a serious health condition
  • Certain military-related needs
  • Safety leave in cases involving domestic violence or stalking

The benefit is funded through payroll contributions and administered by the state. Employees apply through the state program — not directly through their employer — and benefits are paid by the state.

How the First Month Has Gone

As expected with any new statewide program, there have been questions and some early confusion. The state reports that more than 35,000 employees have applied for the benefits, which is a very strong start.

Common questions include:

  • Coordination with FMLA or employer-provided leave
  • Understanding how wage replacement amounts are calculated
  • Timing of applications and approvals
  • Employer misunderstandings about notice requirements

That said, the system is operational, and many employees are successfully receiving benefits. Most early issues involve paperwork, timing, or clarification — not denial of the underlying right to take leave.

What Employees Should Keep in Mind

If you are considering taking paid leave, there are several key points to remember:

  1. Provide notice when possible. If the need for leave is foreseeable, give your employer advance notice.
  2. Document your condition or qualifying event. The state will require certification.
  3. Understand job protection. In most cases, your job (or an equivalent position) must be restored when you return from leave.
  4. Retaliation is prohibited. Employers cannot discipline or terminate you for using protected leave.
  5. Know whether your employer uses a private plan or the state run plan. Your employer chooses whether to opt into the state plan or to a private plan managed by a third party company. It is important to know where you should apply. Ask your employer if you are not sure.

Importantly, Paid Family and Medical Leave is separate from federal FMLA — but in many situations the leaves will run at the same time. The interaction between the two laws can affect how long you are protected and how benefits are calculated.

The Bottom Line

After the first month, Minnesota’s Paid Family and Medical Leave program appears to be functioning as intended, though employees should expect some administrative growing pains. The law provides meaningful financial support during major life and medical events — but only if workers understand their rights and follow the application process carefully.

But regardless of any hiccups in the process, you are still entitled to job protections and rules against retaliation that are specified in the law.

If you have questions about whether your situation qualifies, or if you believe your employer is interfering with your leave rights, contact us today.

8th Circuit Reverses Summary Judgment on FMLA Claims

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The Eighth Circuit reversed summary judgment on an FMLA entitlement and discrimination claim.  In Hudson v. Tyson Fresh Meats, Inc., the Court found that sufficient evidence of FMLA discrimination and interference existed to allow the matter to proceed to trial.   ___ F.3d. ___, 2015 U.S. App. LEXIS 8479 (8th Cir. May 28, 2015).  

Plaintiff Delbert Hudson was fired after taking a short leave for back problems and depression.  Hudson’s girlfriend, also an employee at Tyson, told Hudson’s supervisor that he would be absent for a few days, and Plaintiff texted his supervisor about being out. When he returned to work, Hudson was fired for failing to call in each day pursuant to company policy.  Hudson sued for FMLA interference and discrimination.

The district court granted summary judgment on both claims, and the Court of Appeals reversed.  First, the Court held that Tyson failed to restore Hudson to the same or similar position after his leave, as required by the FMLA.  Tyson argued that it “returned Hudson to his normal job duties for a person Human Resources was investigating,” but the Court rejected that argument because Tyson failed to cite any authority to support its legal theory.

Next, the Court held that Hudson FMLA discrimination claim should go to trial.  Specifically, the Court held that Tyson’s shifting reason for termination (first for failing to provide notice, then for not providing notice in the appropriate manner), and evidence suggesting Tyson did not consistently enforce the call-in policy could convince a jury that its alleged reason for termination was a pretext to discrimination.

The decision can be found here.  The FMLA entitles employees to take legally-protected leave, and protects employees from discrimination and retaliation for excercising rights under the FMLA. In addition, many states (including Minnesota) have passed their own versions of leave laws that may afford even more protections than the FMLA. If you have questions about the FMLA, or any other employment law issue, contact Teske Katz Kitzer & Rochel.