Title Minnesota Statutes, Minnesota Statutes

268B.04 FINANCIAL ELIGIBILITY; BENEFITS. § Subdivision 1.Application for benefits; determination of financial eligibility. (a) An application for benefits may be filed up to 60 days before leave taken under chapter 268B in person, by mail, or by electronic transmission as the com…

268B.05 NOTIFICATION OF CHANGED CIRCUMSTANCES. An applicant shall promptly notify the department of changes that may affect eligibility under section 268B.06. History: 2023 c 59 art 1 s 13

268B.06 ELIGIBILITY REQUIREMENTS; PAYMENTS THAT AFFECT BENEFITS. § Subdivision 1.Eligibility conditions. (a) An applicant may be eligible to receive family or medical leave benefits for any week if: (1) the week for which benefits are requested is in the applicant's benefit year;…

268B.07 DETERMINATION ON ISSUES OF ELIGIBILITY. § Subdivision 1.Employer notification. (a) Upon a determination that an applicant is entitled to benefits, the commissioner must promptly send a notification to the employer or employers of the applicant from which the applicant is …

268B.08 [Never effective, 2024 c 127 art 73 s 51]

268B.081 APPEALS. § Subdivision 1.Appeal filing. (a) The commissioner may allow an appeal to be filed by electronic transmission. The commissioner may restrict the manner and format under which an appeal by electronic transmission may be filed. The notification of the determinati…

268B.085 NOTICE TO EMPLOYER; SCHEDULES. § Subdivision 1.Notice to employer. (a) If the need for leave is foreseeable, an employee must provide the employer at least 30 days' advance notice before leave under this chapter is to begin. If 30 days' notice is not practicable because …

268B.09 EMPLOYMENT PROTECTIONS. § Subdivision 1.Retaliation prohibited. (a) An employer must not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining benefits or leave, …

268B.10 SUBSTITUTION OF A PRIVATE PLAN. § Subdivision 1.Application for substitution. (a) Employers may apply to the commissioner for approval to meet their obligations under this chapter through the substitution of a private plan that provides paid family, paid medical, or paid …

268B.11 SELF-EMPLOYED AND INDEPENDENT CONTRACTOR ELECTION OF COVERAGE. § Subdivision 1.Election of coverage. (a) A self-employed individual or independent contractor may file with the commissioner by electronic transmission in a format prescribed by the commissioner an applicatio…

268B.12 WAGE REPORTING. § Subdivision 1.Wage detail report. (a) Each employer must submit, under the employer premium account described in section 268B.13, a quarterly wage detail report by electronic transmission, in a format prescribed by the commissioner. The report must inclu…

268B.13 EMPLOYER PREMIUM ACCOUNTS. The commissioner must maintain a premium account for each employer. The commissioner must assess the premium account for all the premiums due under section 268B.14, and credit the family and medical benefit insurance account with all premiums pa…

268B.14 PREMIUMS. § Subdivision 1.Payments. (a) Family and medical leave premiums accrue and become payable by each employer, except for an employer with an approved private plan under section 268B.10, for each calendar year on the taxable wages that the employer paid to employee…

268B.145 INCOME TAX WITHHOLDING AND STATE TAXATION. § Subdivision 1.Federal income tax. If the Internal Revenue Service determines that benefits received under this chapter are subject to federal income tax, the applicant may elect to have federal income tax deducted and withheld…

268B.15 COLLECTION OF PREMIUMS. § Subdivision 1.Amount computed presumed correct. Any amount due from an employer, as computed by the commissioner, is presumed to be correctly determined and assessed, and the burden is upon the employer to show its incorrectness. A statement by t…

268B.155 CHILD SUPPORT DEDUCTION FROM BENEFITS. § Subdivision 1.Definitions. As used in this section: (1) "child support agency" means the public agency responsible for child support enforcement, including federally approved comprehensive Tribal IV-D programs; and (2) "child supp…

268B.16 COMPROMISE. (a) The commissioner may compromise in whole or in part any action, determination, or decision that affects only an employer and not an applicant. This paragraph applies if it is determined by a court of law, or a confession of judgment, that an applicant, whi…

268B.17 ADMINISTRATIVE COSTS. Beginning January 1, 2026, and each calendar year thereafter, the commissioner may spend up to seven percent of projected benefit payments for that calendar year for the administration of this chapter. The department may enter into interagency agreem…

268B.18 PUBLIC OUTREACH. Beginning in fiscal year 2026, the commissioner must use at least 0.5 percent of projected benefit payments under section 268B.17 for the purpose of outreach, education, and technical assistance for employees, employers, and self-employed individuals elig…

268B.185 BENEFIT OVERPAYMENTS. § Subdivision 1.Repaying an overpayment. (a) Any applicant who (1) because of a determination or amended determination issued under this chapter, or (2) because of a hearing officer's decision under section 268B.08, has received any family or medica…

268B.19 EMPLOYER MISCONDUCT; PENALTY. (a) The commissioner must penalize an employer if that employer or any employee, officer, or agent of that employer is in collusion with any applicant for the purpose of assisting the applicant in receiving benefits fraudulently. The penalty …

268B.21 RECORDS; AUDITS. § Subdivision 1.Employer records; audits. (a) Each employer must keep true and accurate records on individuals performing services for the employer, containing the information the commissioner may require under this chapter. The records must be kept for a…

268B.22 SUBPOENAS; OATHS. (a) The commissioner or hearing officer has authority to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of individuals and the production of documents and other personal propert…

268B.23 LIEN; LEVY; SETOFF; AND CIVIL ACTION. § Subdivision 1.Lien. (a) Any amount due under this chapter, from an applicant or an employer, becomes a lien upon all the property, within this state, both real and personal, of the person liable, from the date of assessment. For the…

268B.24 CONCILIATION SERVICES. The Department of Labor and Industry may offer conciliation services to employers and employees to resolve disputes concerning alleged violations of employment protections identified in section 268B.09. History: 2023 c 59 art 1 s 35

268B.25 ANNUAL REPORTS. (a) Beginning on or before January 1, 2027, the commissioner must annually report to the Department of Management and Budget and the house of representatives and senate committee chairs with jurisdiction over this chapter on program administrative expendit…

268B.26 NOTICE REQUIREMENTS. (a) Each employer must post in a conspicuous place on each of its premises a workplace notice prepared by the commissioner providing notice of benefits available under this chapter. The required workplace notice must be in English and each language ot…

268B.27 RELATIONSHIP TO OTHER LEAVE; CONSTRUCTION. § Subdivision 1.Concurrent leave. An employer may require leave taken under this chapter to run concurrently with leave taken for the same purpose under section 181.941 or the Family and Medical Leave Act, United States Code, tit…

268B.28 SEVERABLE. If the United States Department of Labor or a court of competent jurisdiction determines that any provision of the family and medical benefit insurance program under this chapter is not in conformity with, or is inconsistent with, the requirements of state or f…

268B.29 SMALL EMPLOYER ASSISTANCE GRANTS. (a) Employers with 30 or fewer employees as calculated under section 268B.14, subdivision 5b, and an average wage for that employer under section 268B.14, subdivision 5c, less than or equal to 150 percent of the state's average wage in co…

268B.30 DATA PRIVACY. (a) Except as provided by this section, data collected, created, or maintained under this chapter are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and must not be disclosed except accord…