No, it requires unpaid leave only for qualified employees. However, if provided by their employer, an employee may choose to use their accrued vacation or paid sick leave for some or all of the FMLA leave.
No. There is no requirement in the state of Minnesota that any employer—private or public—provide paid sick leave. However, many employers do provide this benefit to their employees.
If the need to take leave is foreseeable, the employee must provide 30 days notice before the leave is needed to begin. If the leave is not foreseeable, the employee must provide as much notice as is practicable under the circumstances.
Example: If Lynn's husband Rick is currently caring for their child with cancer and Jane knows Rick's FMLA leave will end on June 1, Jane must request leave no later than May 1 if she intends to take FMLA leave to replace Rick as their child’s caregiver.
An employer may request certification from an employee’s health care provider stating that the employee has a serious health condition, provided that the employee has received written notice of this requirement. An employer’s request for certification can relate only to the serious health condition that is the cause for the current need for leave. An employer can’t request general health information or information about other health conditions of the employee. The certification may reasonably request information about when the condition began, its expected duration and the amount of time needed for leave, and whether or not the employee is able to work.
If the employee is seeking leave to care for a family member, an employer may request that the employee provide certification stating that the employee is needed to care for the family member and the approximate amount of time the employee is needed to care for the family member.
In most circumstances, the employer will make a request for certification when the employee requests leave under the FMLA or within two business days. If the leave is foreseeable, then the employee should provide the certification before their leave begins. If not foreseeable, then the employee should provide the certification as soon as possible.
Yes. The leave must be designated by the employer as FMLA leave and must be in writing. In most circumstances, the leave may not be retroactively designated as FMLA leave, but if the employer was not aware of the reason for the leave, the leave may retroactively be designated as FMLA only while the leave is still in progress or within two business days of the employee returning to work. Additionally, if the employer is waiting for certification confirming the need for the leave based on a serious health condition, then notice can be made retroactively upon its receipt.