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Subdivision 1.Twelve-week leave; pregnancy, birth, or adoption.
(a) An employer must grant an unpaid leave of absence to an employee who is:
(1) a biological or adoptive parent in conjunction with the birth or adoption of a child; or
(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions.
(b) The length of the leave shall be determined by the employee, but must not exceed 12 weeks, unless agreed to by the employer.
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Subd. 2.Start of leave.
The leave shall begin at a time requested by the employee. The employer may adopt reasonable policies governing the timing of requests for unpaid leave and may require an employee who plans to take a leave under this section to give the employer reasonable notice of the date the leave shall commence and the estimated duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the leave must begin within 12 months of the birth or adoption; except that, in the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital.
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Subd. 3.No employer retribution.
An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence as provided by this section.
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Subd. 4.Continued insurance.
During any leave for which an employee is entitled to benefits or leave under this section, the employer must maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents as if the employee was not on leave, provided, however, that the employee must continue to pay any employee share of the cost of the benefits.
Notes of Decisions
Hansen v. Robert Half Int'l, Inc., 813 N.W.2d 906 (Minn. 2012).
· cites it 8× “” Minn.Stat. § 181.941, subd. 1. The MPLA defines an employee as “a person who performs services for hire for an employer from whom a leave is requested under sections 181.”
Polley v. Gopher Bearing Co., 478 N.W.2d 775 (Minn. Ct. App. 1991).
· cites it 4× “" Minn.Stat. § 181.941, subd. 1 (1990). The Act requires that an employee be allowed to return to a former position or "a position of comparable duties, number of hours, and pay.”
Hansen v. Robert Half Int'l, Inc., 796 N.W.2d 359 (Minn. Ct. App. 2011).
· cites it 9× “” Minn.Stat. § 181.941, subd. 1 (2010). An employee returning from parental leave under section 181.”
Wages v. Stuart Mgmt. Corp., 21 F. Supp. 3d 985 (D. Minn. 2014).
· cites it 2× “Minn.Stat. § 181.941, subd. 1. The parties make the same arguments as above with respect to Wages’s MPLA claim.”
Hillins v. Mktg. Architects, Inc., 808 F. Supp. 2d 1145 (D. Minn. 2011).
· cites it 2× “The Court further rejects MAI’s argument that it complied with MPLA by allowing Hillins to complete six weeks of unpaid leave, see Minn.Stat. § 181.941, subd. 1. While Hillins has not demonstrated a claim for MPLA interference, she has asserted a viable claim for MPLA…”
Hanson v. Mental Health Resources, Inc., 948 F. Supp. 2d 1034 (D. Minn. 2013).
· cites it 2× “Minn.Stat. § 181.941, subd. 1. “An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this section.”
Madigan, No. 0:24-cv-01416 (D. Minn. Feb. 4, 2026).
· cites it 12× “Madigan was concerned about returning to work, and her leave was extended for medical reasons. Three issues caused her concern: First, she would be required to work on unfamiliar machines; second, she would have to work a different shift, from 2:00 p.”
Gangnon v. Park Nicollet Methodist Hosp., 771 F. Supp. 2d 1049 (D. Minn. 2011).
· cites it 2× “” Minn.Stat. § 181.941, subd. 1. The length of leave is determined by the employee, but may not exceed six weeks, unless agreed to by the employer.”
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