Minnesota provides up to 12 weeks of unpaid maternity leave under state law, and a new paid leave program launching in 2026 will add up to 20 weeks of paid time off for pregnancy-related medical needs and bonding with a new child. The total leave you can take depends on which laws apply to your situation, whether your employer is covered by federal rules, and when you give birth relative to the new program’s start date.
Unpaid Leave Under Minnesota Law
The Minnesota Parental Leave Act gives employees up to 12 weeks of unpaid leave during or after pregnancy. This law is unusually broad: it applies regardless of how large your employer is and regardless of how long you’ve worked there. That means even if you started a new job recently or work for a small business, you’re still entitled to 12 weeks of job-protected time off.
During this leave, your employer must hold your position (or an equivalent one) for you. You won’t receive a paycheck, but your job is protected. This is the baseline that applies to virtually every worker in Minnesota who gives birth.
Federal FMLA Leave
The federal Family and Medical Leave Act provides 12 weeks of unpaid, job-protected leave per year for qualifying employees. To be eligible, you must work for an employer with at least 50 employees within a 75-mile radius, have been employed there for at least 12 months, and have worked at least 1,250 hours in the past year.
If you qualify for both FMLA and the Minnesota Parental Leave Act, the two generally run at the same time rather than stacking on top of each other. You don’t get 12 weeks under state law plus another 12 under federal law. However, FMLA comes with additional protections, including the requirement that your employer maintain your health insurance coverage during the leave period.
Minnesota’s New Paid Leave Program
Minnesota passed a paid family and medical leave law that will begin paying benefits in 2026. This is a significant change because, for the first time, the state will replace a portion of your wages while you’re on leave rather than simply protecting your job without pay.
The program has two separate categories of leave that are especially relevant for new mothers. Medical leave covers your own health condition, which includes pregnancy, childbirth, and physical recovery. Family leave covers bonding time with a new child. You can receive up to 12 weeks of paid medical leave and up to 12 weeks of paid family (bonding) leave, but the combined total is capped at 20 weeks in a single benefit year.
For a typical pregnancy and birth, this means you could use several weeks of medical leave for recovery and then transition into bonding leave, potentially reaching that 20-week combined cap. That’s roughly five months of paid time off.
Eligibility and Pay
To qualify for payments, you must have earned at least $3,900 in the past year. That income can come from one job or be combined from multiple jobs. The earnings threshold is low enough that most part-time workers will qualify.
The program replaces a percentage of your wages on a sliding scale, meaning lower-wage workers receive a higher replacement rate relative to their earnings, while higher earners receive a smaller percentage (though a larger dollar amount). Payroll contributions fund the program, split between employers and employees.
How the Leave Types Work Together
Understanding how these programs layer is key to figuring out your total time off. Here’s the practical picture:
- Before 2026: You’re entitled to 12 weeks of unpaid, job-protected leave under the Minnesota Parental Leave Act. If you qualify for FMLA, those protections overlap with the state leave. Any pay during this time comes only from employer-provided benefits like short-term disability insurance or a company maternity policy.
- Starting in 2026: You can layer the new paid leave benefits on top of your existing job protection. The paid program provides wage replacement for up to 20 combined weeks of medical and bonding leave. Your employer may require that paid leave and FMLA run concurrently, so paid leave doesn’t necessarily extend your total job-protected time, but it does mean you’ll receive income during the weeks you’re away.
If your employer offers its own maternity leave or short-term disability plan, those benefits may coordinate with the state program. Some employers may require you to use their plan first or may top off the state benefit to bring your pay closer to your full salary. Check your employee handbook or HR department to understand how your company’s policy will interact with the state program once it launches.
How to Plan Your Leave
Start by confirming which protections apply to you. The Minnesota Parental Leave Act covers you no matter what, so 12 weeks of job-protected leave is your floor. If your employer has 50 or more employees and you meet the tenure and hours requirements, FMLA adds health insurance protections during that same 12-week window.
Once the paid leave program is active, file a claim through the state system when you’re ready to begin leave. You’ll need to provide documentation of your pregnancy or birth. Plan for some processing time between filing and receiving your first payment.
If you’re expecting a child in 2025, your leave will fall under the current unpaid framework. If your due date is in 2026 or later, you’ll likely be able to access the paid benefits, assuming you meet the $3,900 earnings requirement. Timing your leave start date relative to the program’s launch could matter, so keep an eye on official guidance from the Minnesota Paid Leave program as 2026 approaches.