If you agree to a late return date, extend employees’ reinstatement date, too

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in Employment Law,Human Resources

The Minnesota Parental Leave Act (MPLA) provides up to six weeks of leave for childbirth and recovery or adoption. Employees who take leave are entitled to reinstatement.

It also includes a provision for extending parental leave, stating that leave “may not exceed six weeks, unless agreed to by the employer.” Until now, it remained up in the air what should happen to the reinstatement right if the employer agreed to a longer leave.

According to a recent decision, if the employer agrees to a specific return date, that not only extends the leave, but also the right to reinstatement.

Recent case: Anastasia was working for Old Dominion Freight Lines when she became pregnant and requested MPLA leave. Because her doctor recommended she take eight weeks to recover, she emailed her manager and asked to “come back to work on the 9th as long as that works with you.”

He responded, “Nov. 9 will work.” That meant Anastasia’s leave would ...(register to read more)

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