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when both apply to the employment situation; they must ensure the employee is receiving the <br />highest level of benefits available under both laws when both apply. <br />Based on unofficial guidance the League received from DEED in fall 2024, in instances where <br />the employee first takes an unpaid FMLA leave and then subsequently applies for Minnesota <br />Paid Leave as a result of the same condition, employers may designate the FMLA time as <br />qualified leave under 268B. Although an eligibility determination is reserved for the state to <br />decide in response to an application for Minnesota Paid Leave program benefits, this <br />designation may reduce the amount of leave available to the employee through the Minnesota <br />Paid Leave program. <br />Return to ton of nage <br />Q13. How does this new law interact with the new law <br />on earned sick and safe time (ESST)? <br />A13. In general, ESST is meant to cover employees in situations such as a brief illness, when <br />they have sick children who cannot attend daycare, etc. ESST is also administered by the <br />employer, so there is no requirement to get approval from DEED or, in many cases, a medical <br />professional, for less than two consecutive business days. However, generally speaking, ESST <br />can be used by employees in place of, or in additional to Minnesota Paid Leave, in different <br />situations. <br />The Minnesota Paid Leave program, in contrast, is for long-term extended leave, and requires <br />DEED approval based on necessity and eligibility. It is intended to cover more extreme <br />accidents or illnesses, maternity/paternity leave, qualified exigency leave, safety leave, or care <br />for a family member. <br />Return to top of page <br />Q14. How can the city apply for an exemption from <br />this program — i.e., establish a "private plan?" <br />A14. Employers may apply for approval to be exempted from the state plan by providing a <br />"private plan," which offers at least the same rights, protections, and benefits as employees are <br />entitled to receive under the state plan. Employers who wish to provide an equivalent plan to <br />their workforce will have the option to either purchase a plan from a private carrier or create <br />their own self -insured plan. Employers can apply to be exempted from the medical benefit <br />program only, or the family benefit program only, or both. Employers with an approved private <br />plan are not subject to the program premium cost (see Q5), however, they will need to pay an <br />oversight fee and possibly a surety bond depending on the plan. <br />Learn more about the State's application for equivalent plans. <br />Later in 2025, employers can apply to have an equivalent plan recognized to meet at least the <br />minimum requirements of Minnesota Paid Leave, and applications will be accepted on an <br />ongoing basis. Equivalent plans will require a surety bond and are subject to approval by the <br />Minnesota Department of Commerce. The Minnesota Department of Commerce will also be <br />certifying qualifying plans offered by licensed insurance carriers, so employers who purchase <br />these plans will know they meet the requirements of Minnesota Paid Leave. <br />View the Minnesota Department of Commerce equivalent medical leave plan checklist. <br />Return to ton of nage <br />