What is the law regarding paid leave?

UPDATED: Oct 1, 2022

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What is the law regarding paid leave?

My girlfriend is on paid leave for having a baby and her boss said she will get paid 40 hours a week for a month. Her last pay stub had 58 hours on it and was paid $700 after taxes was $566. Her boss is trying to tell her they are only going to pay 25% of the pay on leave to spread it out over 4 paycheck are they allowed to withhold 75% of a paycheck.

Asked on October 10, 2018 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your state (MN) does not require paid leave. If your girlfriend has a contract guarantying her paid leave, she is entitled to whatever level of pay the contract indicates. Without a contract guarantying her paid leave, however, and with no law requiring it, it is up to the employer to decide if they want to offer paid leave (they do have to, and could refuse to offer it) and, if they do, how much to pay--so they could elected to pay ony 25%, since they don't have to pay her at all.

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