Minnesota Leave of Absence for Surgery is a legally-protected employee benefit offered in the state of Minnesota, which allows eligible individuals to take time off from work for a specific surgery or medical procedure without fear of losing their job or facing any adverse consequences. This leave of absence is crucial for individuals who require medical intervention and need time to recover post-surgery. Under the Minnesota Leave of Absence for Surgery law, employees are entitled to take up to 12 weeks of unpaid leave within a 12-month period for their surgery. This law applies to both private and public sector employees who work for employers with at least 21 employees at one or more locations. It is essential to note that the leave may be extended for an additional 12 weeks under the federal Family and Medical Leave Act (FMLA) if the employee is eligible. Key details and requirements of the Minnesota Leave of Absence for Surgery include: 1. Eligibility: To qualify for this leave, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months. 2. Covered Surgeries: The leave of absence covers a broad range of surgeries, including invasive procedures, non-invasive treatments, and postoperative recovery periods. 3. Medical Certification: The employer may require the employee to provide medical documentation certifying the need for surgery and the estimated duration of the recovery period. 4. Job Protection: Employees who take a leave of absence for surgery are entitled to job protection, meaning they can return to the same or an equivalent position after their recovery period ends. Employers must make reasonable accommodations for employees' medical needs. 5. Continuation of Benefits: During the leave period, employees may continue to receive their usual health insurance benefits, but they may be responsible for continuing to make premium payments as they would while actively working. 6. Employee Obligations: Employees must provide their employer with reasonable notice of their intent to take medical leave for surgery, preferably at least 30 days in advance when the need is foreseeable. If not possible, employees should inform their employer as soon as they become aware of the need for surgery. 7. Job Security: Employers are prohibited from retaliating or discriminating against employees who exercise their rights to take a leave of absence for surgery. Different types of surgeries that may qualify for the Minnesota Leave of Absence for Surgery can include: 1. Major Surgeries: Invasive procedures requiring hospitalization or significant recovery time, such as heart surgery, organ transplants, or joint replacement surgery. 2. Minimally Invasive Surgeries: Surgeries performed through smaller incisions, such as laparoscopic procedures, arthroscopic surgeries, or robotic-assisted surgery. 3. Non-Invasive Treatments: Some medical treatments, such as radiation therapy or chemotherapy, may require a leave of absence. In conclusion, the Minnesota Leave of Absence for Surgery ensures that employees have adequate time to undergo necessary surgical procedures and recover without the fear of losing their jobs or facing negative repercussions. This employee benefit is designed to protect the rights and well-being of Minnesota workers, allowing them to prioritize their health while maintaining job security.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.