Starting January 1, 2026, Minnesota workers will have access to paid family and medical leave benefits under the Minnesota Paid Leave Law. This landmark program provides wage replacement when you need time away from work to care for a new child, recover from a serious health condition, support a family member, or address safety concerns related to domestic abuse or sexual assault.
But what happens if your employer retaliates against you for using these benefits—or refuses to give you your job back when your leave ends?
At Newkirk Zwagerman, we represent employees whose workplace rights have been violated. If you're facing retaliation or job loss connected to paid leave, we may be able to help.
What the Law Protects
The Paid Leave Law includes robust employment protections that go beyond simply providing wage replacement benefits. Here's what employers cannot do:
Retaliation is prohibited. Your employer cannot discharge, discipline, penalize, threaten, or otherwise retaliate against you for requesting or obtaining paid leave benefits. This protection applies whether you're requesting leave for your own serious health condition, to bond with a new child, to care for a family member, or for safety leave.
Interference is prohibited. Your employer cannot obstruct or impede your application for leave or benefits. This means they can't discourage you from applying, refuse to provide necessary information, or create obstacles to your use of the program.
You have a right to return to your job. When your leave ends, you're entitled to return to the same position you held before—or an equivalent position with the same pay, benefits, and working conditions. An equivalent position must be virtually identical to your former role in terms of duties, responsibilities, privileges, and status.
Your health insurance continues during leave. Your employer must maintain your coverage under any group health plan as if you weren't on leave, provided you continue paying any employee share of the premium.
What Counts as Retaliation?
Retaliation can take many forms. Some examples that may violate the law include:
- Terminating your employment after you apply for or take paid leave
- Demoting you or reducing your pay or hours after you return from leave
- Giving you a negative performance review based on your leave usage
- Denying you a promotion or raise you would otherwise have received
- Transferring you to a less desirable position or location
- Creating a hostile work environment to pressure you to quit
- Threatening adverse consequences if you use your leave benefits
The law protects you even if your leave application is ultimately denied, as long as you applied in good faith.
What Does Job Reinstatement Really Mean?
The right to reinstatement is one of the most important protections under the Paid Leave Law. When you return from leave, you're entitled to:
- The same position you held when leave began, or one that's virtually identical
- The same pay, including any unconditional raises that occurred during your absence
- The same benefits, without having to requalify
- The same shift, schedule, and work location (or a geographically proximate one)
- The same opportunities for bonuses and profit-sharing
Your employer cannot use your leave as a reason to restructure your position, reduce your responsibilities, or move you to a less favorable role. They must be able to demonstrate that any adverse employment action would have occurred regardless of your leave.
Remedies Available to You
If your employer violates these protections, you have legal options. The law provides for:
Damages. You may recover all damages available under law, plus reasonable interest.
Liquidated damages. In most cases, you can recover an additional amount equal to your actual damages plus interest—effectively doubling your recovery. This additional amount may be reduced only if the employer proves it acted in good faith with reasonable grounds for believing its conduct was lawful.
Equitable relief. A court can order your employer to reinstate you, promote you, or take other corrective action.
Attorney fees and costs. If you prevail, the court must award reasonable attorney fees, expert witness fees, and litigation costs.
Administrative penalties. The Commissioner of Labor and Industry may impose penalties of $1,000 to $10,000 per violation, payable directly to you.
Jury trial. You have the right to a jury trial, and this right cannot be waived—including through any agreement to arbitrate claims.
How Our Firm Can Help
At Newkirk Zwagerman, we have extensive experience representing employees in claims involving workplace retaliation and violations of leave rights. We understand that losing your job or facing workplace hostility after taking legally protected leave can be devastating—both financially and emotionally.
If you believe your employer has retaliated against you for applying for or using paid leave benefits, or if you've been denied reinstatement to your position, we encourage you to contact us for a consultation. We can evaluate your situation, explain your options, and help you understand whether you may have a viable claim.
The Paid Leave Law represents an important expansion of workplace protections for Minnesota employees. We're committed to helping ensure those protections are meaningful.
Newkirk Zwagerman represents employees in wrongful termination, discrimination, harassment, and retaliation cases throughout Iowa and Minnesota. If you have questions about your rights under the Minnesota Paid Leave Law, contact us to schedule a consultation.