After years of loyalty, you never imagined caring for a sick loved one would put your job at risk. Yet while you juggle specialists and treatment schedules, you are warned about “excessive absences.” Your employer’s unsympathetic response to your family crisis may not be as legally defensible as they think.
Minnesota is an at-will state, which generally allows employers to terminate employees with or without cause, as long as it is not for a discriminatory or retaliatory reason. This does not mean you are completely without protection.
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Your rights under federal law
The Family and Medical Leave Act (FMLA) is a crucial protection for employees, ensuring they can take time off for critical family and health needs without losing their jobs. If you are an eligible employee, the FMLA grants you up to 12 weeks of unpaid leave over a year to care for a seriously ill spouse, child or parent.
To qualify, you must have worked for your employer for at least 12 months. You also need to have worked at least 1,250 hours during the 12 months before the leave starts. Your employer must have 50 or more employees within 75 miles of your worksite.
If you meet these criteria, your employer generally cannot fire you for taking FMLA-protected leave.
Minnesota’s additional protections
Minnesota law offers employees even more safeguards.
New parents can take a break under the Parental Leave Act. If you have worked for your employer for at least a year and average 20 hours a week, you are eligible for up to 12 weeks of unpaid leave within a 12-month period after your child is born or adopted.
Beyond parental leave, Minnesota also has Earned Sick and Safe Time (ESST), allowing employees to accrue up to 48 hours of paid leave per year. This time can be used for their own or a family member’s illness or safety needs.
The definition of “family member” under ESST is broad. It includes a spouse, child, parent, grandparent, grandchild and siblings. Your employer cannot fire you for using this accrued paid leave.
Recognizing wrongful termination
Wrongful termination occurs if your employer retaliates against you for requesting time off to care for a sick family member. Potential red flags include:
- Firing you immediately after you request protected family leave
- Creating a hostile work environment when you return from leave
- Demoting you or cutting your hours after taking protected time off
- Refusing to provide the same job or equivalent position upon your return
Documentation becomes crucial if you suspect wrongful termination. Keep records of all communications with your employer about your leave request and any negative treatment you receive.
Protecting your rights
While federal and state regulations offer a framework for protection, their application to your specific circumstances may require careful consideration. Exploring your options with professional counsel can be a prudent step. Remember, no employee should have to choose between their job and their family’s well-being, especially when illness strikes.
