Minnesota Bereavement Leave Laws

In Minnesota, bereavement leave policies are shaped by both state legislation and individual employer practices. While there is no specific state law mandating bereavement leave, recent legislative changes have expanded the scope of paid leave to encompass bereavement-related activities. This article provides a comprehensive overview of bereavement leave in Minnesota, addressing key aspects such as eligibility, qualifying events, duration, and compensation.

What is Paid Bereavement Leave?

Paid bereavement leave refers to the time off granted to employees following the death of a family member, during which they receive their regular wages. This leave allows individuals to grieve, attend funeral services, and manage related personal affairs without financial hardship.

Does Minnesota Have Bereavement Leave Laws That Differ from Federal Bereavement Leave Laws?

Yes, Minnesota has enacted laws that provide for paid leave applicable to bereavement situations, which differ from federal regulations. Effective January 1, 2024, Minnesota’s Earned Sick and Safe Time (ESST) law requires employers to provide paid leave that can be used for various purposes, including bereavement. Under this law, employees can use ESST hours to make funeral arrangements, attend funeral services or memorials, or address financial or legal matters arising after the death of a family member.

In contrast, federal law, specifically the Family and Medical Leave Act (FMLA), does not mandate bereavement leave. FMLA provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons, but it does not cover leave solely for bereavement purposes.

What Counts as a Qualifying Event for Bereavement Leave in Minnesota?

Under Minnesota’s ESST law, qualifying events for bereavement leave include:

• Making funeral arrangements for a deceased family member.
• Attending a funeral service or memorial for a deceased family member.
• Addressing financial or legal matters that arise after the death of a family member.

Are There Requirements to be Eligible for Bereavement Leave in Minnesota?

Eligibility under the ESST law requires that an employee works for an employer in Minnesota and has accrued ESST hours. The law applies to all employers, regardless of size, and covers employees who work at least 80 hours in a year for an employer in Minnesota. 

How Much Bereavement Leave Time are Employees Entitled to in Minnesota?

Under the ESST law, employees accrue one hour of paid leave for every 30 hours worked, up to at least 48 hours each year. The amount of time an employee can use for bereavement purposes depends on the number of ESST hours they have accrued. 

Who is Considered Immediate Family for Bereavement Leave in Minnesota?

The ESST law defines “family member” broadly, including:

• A child, adult child, spouse, sibling, parent, grandparent, grandchild, or spouse of a family member.
• Any individual related by blood or whose close association with the employee is the equivalent of a family relationship.

Is Bereavement Leave Required to be a Paid Leave in Minnesota?

Yes, under the ESST law, bereavement leave is a form of paid leave. Employees accrue paid leave hours that can be used for bereavement purposes, among other qualifying reasons. 

Does Bereavement Leave Have to Be Taken Within a Certain Timeframe in Minnesota?

The ESST law does not specify a required timeframe within which bereavement leave must be taken following the death of a family member. However, employers may establish their own policies regarding the timing and duration of bereavement leave. Employees are advised to consult their employer’s bereavement leave policy to understand any specific requirements.

Who Pays for Paid Bereavement Leave in Minnesota?

The cost of paid bereavement leave under the ESST law is borne by the employer, as it involves the use of the employee’s accrued paid leave. Employers are required to provide paid leave for qualifying events, including bereavement, as specified by the law. 

Conclusion

Minnesota’s Earned Sick and Safe Time law provides employees with the right to accrue paid leave that can be used for bereavement purposes, among other qualifying events. This state-specific legislation ensures that employees have the opportunity to address personal and family needs without financial hardship. Employees should familiarize themselves with their accrued ESST hours and consult their employer’s policies to fully understand their rights and options during times of loss. Employers are encouraged to establish clear bereavement leave policies in compliance with the ESST law to support their employees effectively.