Minnesota Expands Parental Leave to All Employers with One or More Employees

What Changed

Minnesota significantly expanded its parental leave law, effective July 1, 2023. The key changes include:

• Employer coverage expanded: Parental leave is now required for all Minnesota employers with one or more employees (previously, larger thresholds applied)

• Immediate availability: Leave is now immediately available to all employees — there is no minimum tenure or hours-worked requirement

• 12 weeks of unpaid, job-protected leave is available in connection with the birth or adoption of a child, or for health issues related to pregnancy or childbirth

• The law also updated nursing mother accommodation requirements, expanding protections for employees who need to express breast milk at work

Who Is Affected

• All Minnesota employers with one or more employees — this is a near-universal requirement

• All employees are immediately eligible, regardless of how long they have worked for the employer

• The leave is unpaid, but job-protected — the employee must be reinstated to the same or equivalent position upon return

• Both biological parents and adoptive parents are covered

Where It Applies

Minnesota statewide.

When It Takes Effect

July 1, 2023.

Why It Matters

The expansion of parental leave to all employers with even one employee is a significant change. Previously, many small Minnesota employers were exempt from parental leave requirements. Now, virtually every employer in the state must comply. The elimination of a waiting period also means new hires are eligible for leave from day one — a change that could affect workforce planning for small businesses.

Employers should also note that this state law provides benefits beyond federal FMLA, which only applies to employers with 50 or more employees and requires 12 months of employment and 1,250 hours worked.

The Humareso Take

This is a big shift for small Minnesota employers. If you have been relying on the old thresholds to avoid offering parental leave, that is no longer an option. Every employer with at least one employee is now covered, and employees are eligible from day one. We recommend updating your handbook immediately and making sure your managers know the new rules — the last thing you want is a leave denial that turns into a legal dispute.

Recommended Action Steps

1. Update your employee handbook to reflect the expanded parental leave requirements, including the elimination of any tenure or hours-worked eligibility thresholds.

2. Revise your leave policies to include 12 weeks of unpaid, job-protected parental leave for all employees.

3. Update nursing mother accommodation policies to align with the new expanded requirements.

4. Train managers and supervisors on the new requirements, particularly the immediate eligibility provision.

5. Review your workforce planning processes to account for the possibility that any employee — including new hires — may take parental leave.

6. Contact your Humareso representative for updated Minnesota parental leave policy language and compliance guidance.