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Military Duty Leave for Employees in Minnesota

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Minnesota employers must provide employees with leave for military duty in accordance with these state rules.

Private sector employees in Minnesota who engage in active service in the military forces in time of emergency are entitled to leave without pay, with right of reinstatement.

Reinstatement

Reinstatement is to the position held at the time of entry into service and if such position is available, at the same salary that the employee would have received if leave had not been taken, under the following conditions:

  • that the position has not been abolished;
  • no physical or mental disabilities prevent the performance of job duties;
  • written application for reinstatement is made within 90 days after termination of service or 90 days after discharge from service-related hospitalization or medical treatment that follows within one year of termination of service; and
  • submission of an honorable discharge or other release indicating that the military or naval service was satisfactory.

Upon reinstatement an employee has the same rights with respect to accrued and future seniority status, efficiency rating, vacation, sick leave, or other benefits as if he or she had actually been employed during the time of such leave. An employee that is reinstated cannot be removed or discharged within one year, except for cause, after notice and hearing.

Prohibited Discrimination

Discharging any person from employment because of membership in the U.S. or state military or naval forces, hindering any person from performing military service, or to dissuade any person from enlistment in the military service by threat or injury is prohibited.

An employer is not permitted to ask a person seeking employment whether the person is a member of the National Guard or a reserve component of the United States Armed Forces, if the intent of the question is to discriminate against the person seeking employment.

Family Military Leave

Minnesota law provides leave without pay to family members of soldiers wounded or killed while in active service and for family members of deployed soldiers to attend send-off or homecoming ceremonies.

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