When you’re facing a medical situation that requires time away from work, the stress and uncertainty can be overwhelming. One of the most pressing questions employees ask is: “Will I still have my job when I’m ready to return?”
The good news: both federal and Minnesota state law provide robust protections for employees who need medical leave. Understanding these rights is the crucial first step in protecting both your health and your career.
However, not all employers follow the law. If your employer has denied your leave request, terminated you while on leave, or refused to reinstate you afterward, you may have legal claims worth pursuing.
The Foundation of Job Protection: The Family and Medical Leave Act (FMLA)
The primary federal law governing medical leave is the Family and Medical Leave Act (FMLA). This landmark legislation provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. A key provision of the FMLA is that your employer must maintain your group health benefits during your leave as if you were still working. Importantly, FMLA is a minimum protection; employees may have additional rights beyond the FMLA’s floor.
Who Is Eligible for FMLA?
To be eligible for FMLA protections, you must meet the following criteria:
- You work for a covered employer. This includes private-sector employers with 50 or more employees, public agencies (such as local, state, and federal government employers), and public or private elementary or secondary schools, regardless of their number of employees.
- You have worked for the employer for at least 12 months. These 12 months do not need to be consecutive.
- You have worked at least 1,250 hours for the employer during the 12 months immediately preceding the leave.
- You work at a location where the employer has at least 50 employees within a 75-mile radius.
Pro Tip: Don’t assume you’re not covered. Many employees incorrectly believe they don’t qualify. If you’re unsure, document your work history and consult with an employment attorney.
What Does FMLA Cover?
You can take FMLA leave for several reasons, including:
- The birth and care of a newborn child
- The placement of a child for adoption or foster care
- To care for an immediate family member (spouse, child, or parent) with a serious health condition
- When you are unable to work because of your own serious health condition
At the end of your FMLA leave, you are entitled to be reinstated to your same job or an equivalent one, with the same pay, benefits, and other terms and conditions of employment.
Minnesota’s Additional Protections
Minnesota law provides additional leave rights that supplement the federal FMLA. This is a critical point for employees in the state, as it can extend the protections to which you are entitled.
- Minnesota Family and Medical Leave: This state law applies to employers with 21 or more employees. It provides up to 12 weeks of unpaid leave for pregnancy, childbirth, and bonding with a new child.
- Minnesota Earned Sick and Safe Time: Employers in Minnesota are required to provide paid sick and safe time to their employees. Under this law, employees accrue one hour of paid leave for every 30 hours worked, up to at least 48 hours per year. This time can be used for your own or a family member’s illness, routine preventative care appointments, or for absences related to domestic abuse, sexual assault, or stalking.
If you are a Minnesota employee, understanding how these state laws interact with the federal FMLA is crucial. An experienced FMLA lawyer in Minneapolis can help you navigate these complexities and ensure you are receiving all the benefits you are entitled to.
The Essential Question: How Long Does an Employer Have To Hold Your Job for Medical Leave in MN?
Let’s return to the question, “How long does an employer have to hold your job for medical leave in MN?” In summary, the answer is generally up to 12 weeks under the FMLA and Minnesota’s state-level FMLA equivalent. However, the reality is not always simple and straightforward.
The specifics of your situation, including the size of the organization you work for and the nature of your leave, can impact your rights. This is why consulting with a legal professional is so important when taking medical leave.
The Americans with Disabilities Act (ADA) and Extended Leave
What happens if you exhaust your FMLA leave, but you are still not able to return to work? This is where the Americans with Disabilities Act (ADA) can provide additional protection. The ADA requires employers to provide reasonable accommodations for employees with disabilities, which can include more than just leave.
A reasonable accommodation is any change in the work environment or the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. An extended leave of absence can be considered a reasonable accommodation.
The key to accessing it is the “interactive process.” This legally required, good-faith dialogue between you and your employer is meant to determine what accommodations are available and reasonable. If you find yourself in this situation, it is highly advisable to consult with an employment lawyer in Minneapolis.
What To Do if You Believe Your Rights Have Been Violated
If you believe your employer has violated your rights under the FMLA, ADA, or any state or local law, it is important to take action.
- Document Everything: Keep a detailed record of all conversations, emails, and other communications with your employer related to your leave.
- Know Your Deadlines: There are strict deadlines for filing complaints, so it is important to act quickly.
- Seek Legal Counsel: An experienced FMLA lawyer in Minneapolis can help you understand your options and guide you through the process of filing a complaint.
The question of “How long does an employer have to hold your job for medical leave in MN?” can be a complex one, and having a knowledgeable legal professional on your side can make all the difference. An employment lawyer in Minneapolis can help you understand your rights and protect your job.
Final Thoughts
Navigating the complexities of medical leave laws can be daunting, but you don’t have to do it alone. If you have questions about how long an employer has to hold a job for someone on medical leave, you should contact an employment lawyer in Minneapolis to discuss your specific situation.
