Rulemaking

Minnesota's Paid Leave law will help individuals take time off when they need to care for themselves or their loved ones. The Minnesota Legislature passed the Paid Leave law in 2023 and charged the Minnesota Department of Employment and Economic Development (DEED) with managing the Paid Leave program. Additionally, the Legislature delegated authority to DEED to make rules necessary to implement the Paid Leave program. Rulemaking in Minnesota follows the procedures outlined in the Minnesota Administrative Procedure Act in Minnesota Statutes, Chapter 14.

Public Participation in the Rulemaking Process for Paid Leave

The initial public comment period on the draft rules for Paid Leave opened January 22, 2024, and closed July 10, 2024. During that time, the Paid Leave division held a series of 19 virtual listening sessions to gather public input and feedback on draft rules. A total of 950 people attended these listening sessions, and nearly 600 written comments were submitted to inform the final proposed rules.

Summary of Initial Public Comments and Responses (PDF)

Following the initial public comment period, Paid Leave published final proposed rules in the State Register on November 25, 2024, and collected comments through January 3, 2025. A copy of the proposed rules is linked below:

Proposed Permanent Rules Regulating Paid Leave (PDF)

Public comments were collected through the Office of Administrative Hearings website: Office of Administrative Hearings Comments on Rules. These comments are public and are available for review at the OAH Rulemaking eComments website.

The Paid Leave team will now review the comments and consider any needed changes to the final proposed rules.

To receive further information on rulemaking and other program updates, subscribe to the Paid Leave newsletter:

Seasonal Employees

How will the seasonal hospitality designation work for employers where only part of their business is in hospitality?

An entire business, based on its Employer Identification Number (also known as a Federal Identification Number or FEIN), must be designated as seasonal in order to designate employees as seasonal hospitality employees. While a specific location could be determined to be "in hospitality," employees can only be designated as seasonal hospitality employees if they work at an employer with a seasonal Employer Identification Number.

Schedules and Modifications

Why is there a rule about reporting additional income if claimants should not be working while on leave?

The proposed rule about reporting additional income is related to the statute requiring that the paid leave benefit be prorated when an employee "works hours for wages." This would be relevant if, for instance, a claimant is working multiple jobs and taking leave from only one. Through the application, applicants will be asked if they are receiving additional income during their leave in the form of pay from another job, unemployment benefits, social security benefits, or workers compensation. This rule clarifies that claimants must notify the department if they start to receive additional, previously unreported income during their leave.

Benefits Calculations

What do you mean by "processing a payment?"

Remote Workers

Since the proposed rule further defining coverage for remote workers [previously shared in a rulemaking webinar] has been removed, how will the department determine eligibility?
The Department is relying on the language under 268B.01.Subd15 Covered Employment to clarify remote worker coverage:
1. "Covered employment" means performing services of whatever nature, unlimited by the relationship of master and servant as known to the common law, or any other legal relationship performed for wages or under any contract calling for the performance of services, written or oral, express or implied.
2. For the purposes of this chapter, covered employment means an employee's entire employment during a calendar year if:
  1. 50 percent or more of the employment during the calendar year is performed in Minnesota; or
  2. 50 percent or more of the employment during the calendar year is not performed in Minnesota or any other single state within the United States, or United States territory or foreign nation, but some of the employment is performed in Minnesota and the employee's residence is in Minnesota during 50 percent or more of the calendar year.

Stay Informed

To receive further information on rulemaking and other program updates, subscribe to the Paid Leave newsletter: