What is the law regarding paid leave?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption