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This creates a very interesting issue, under the Family and Medical Leave Act or FMLA if the parents have a new child, they’ve given birth to a new child, and both parents work for the same employer the employer can limit the leave to not 12 weeks each but 12 weeks total. So the parents can take that 12 weeks however they want one parent can take one month, another parent can take 11 or six and six for the weeks. But it’s not going to be one where the employer is going to be forced to have two people gone for 12 weeks. In Minnesota however, they passed a law in 2014 as part of the Women’s Economic Security Act, which provides now for 12 weeks of parental leave in Minnesota but there’s no provision that allows an employer to split that leave between both parents. So under Minnesota law, a parent could take the full 12 weeks as could the other parent and that’s for employers of over 21 employees not 50 like the FMLA.
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Minneapolis Employment Law Attorney, Thomas Marshall, discusses giving time off to both parents if employing them at the same time.