Understanding Minnesota Paid Leave: The Private Plan Alternative
Minnesota’s new Paid Family and Medical Leave program is set to significantly impact employers starting January 1, 2026. While most Minnesota employers will participate in the state-run paid leave program, there is an alternative: offering an equivalent private plan. For employers considering this option, it’s critical to understand the requirements, benefits, and compliance obligations.
What is Minnesota Paid Leave?
Minnesota Paid leave is a state-mandated insurance program providing eligible employees with partial wage replacement for qualifying medical and family reasons. The program is funded by premiums paid by both employers and employees and covers nearly all private and public employers in the state.
Can Employers Opt Out?
Generally, no. Minnesota employers are required to participate-unless they offer an approve priate plan that meets, or exceeds the benefits of the state-run program.
Key Benefits of a Private Plan Alternative
- No State Premium Payments: Employers with approved private plans do not have to submit premiums to the state but must continue submitting quarterly wage reports.
- Direct Benefit Payments: Under a private plan, the employer (or insurance carrier) determines eligibility and pays benefits directly to employees, potentially speeding up the process compared to the state.
- Flexibility: Employers can offer a fully or self-funded plan and may cover medical leave, family leave, or both.
Requirements for Equivalent Private Plans
Private plans must match or exceed the state’s coverage in all major areas, including:
- Benefit Duration: At least 12 weeks of medical leave and/or family leave, depending on the type of plan.
- Eligibility Standards: Cannot be more restrictive than the state program.
- Employee Costs: Premiums charged to employees cannot exceed what they would pay under the state plan.
- Job Protections: Must provide equal employment protections as those in the state program.
- Coverage Continuation: Coverage must continue for 26 weeks after employee separation or until they start a new job.
- Types of Leave: Private plans must cover the same qualifying reasons, including medical conditions, bonding with a child, care for a family member, military-related leave, and safety leave.
Additionally, the private plan must:
- Allow intermittent leave or reduced schedules.
- Not impose additional restrictions or conditions beyond those in the state plan.
- Continue benefits for former employees on approved leave.
Approval Process and Next Steps
The state plans to open private plan applications in July 2025. Employers can prepare by:
- Working with insurance providers to explore pre-approved plan options.
- Gathering required application materials, including policy numbers, coverage documents, and payment of applicable fees.
- For self-insured plans, securing a surety bond equal to the total annual premiums that would be due under the state program.
Employee Notice Requirements
Employers with approved private plans must provide written notice to employees within:
- 30 days of the employee’s start date, or
- 30 days before collecting premiums, whichever is later.
The notice must include:
- Confirmation that the private plan offers all rights and protections under the state law.
- Details of wage replacement and leave benefits.
- Eligibility and premium contribution processes.
- Appeal rights and claim procedures.
Recordkeeping Obligations
Employers must securely maintain records related to an employee’s private plan benefits and provide copies of relevant claim information within 10 business days of an employee’s request-at no cost to the employee.
Why Consider a Private Plan?
For some employers, a private plan could offer:
- Potential cost savings.
- Faster processing of leave requests and benefit payments.
- More control over the leave administration process.
However, private plans come with strict compliance obligations. Employers must carefully weigh the benefits against the adminstrative responsibilities.
Stay Compliant. Stay Prepared.
Minnesota’s Paid Leave program is evolving, and the private plan offers an alternative path that could benefit your workforce and your bottom line. If you’re considering this option, now is the time to start planning.
WFJ is here to help you navigate the complexities of Minnesota Paid Leave and ensure your private plan meets all legal requirements. Contact us with your questions or to get started.