Immigration Enforcement in Minnesota: Can Employees Request Paid Leave Amid Recent Civil Unrest?

Paid Leave Program

Minnesota’s Paid Leave Program (often referred to as Minnesota Paid Leave) officially took effect on January 1, 2026, creating a statewide paid family and medical leave benefit for most employees working in Minnesota. The law provides partial wage replacement and job protection for qualifying family and medical events. Key features of the law include:

• Up to 12 weeks of Paid Leave for personal medical needs (e.g., serious health conditions) and up to 12 weeks of family leave (e.g., bonding with a new child, caring for a family member with a serious health condition). Combined leave is generally capped at 20 weeks per benefit year.
• “Safety Leave” is included within family leave. Safety leave can be used when an employee (or their family member) experiences or is addressing domestic abuse, sexual assault, or stalking—including taking time to seek a safe location or obtain related protective orders.
• Employers must not retaliate, discipline, threaten, or otherwise take adverse action against employees for requesting or using Paid Leave. Job reinstatement rights and continuation of group health insurance during leave also apply.

While Minnesota’s Paid Leave statute covers certain personal safety events (e.g., domestic violence and stalking), it does not include language explicitly providing leave for fear of general civil unrest or public safety threats tied to protests or law enforcement operations.

Immigration and Customs Enforcement Action

Over the past several weeks, Minneapolis and surrounding areas have experienced heightened tension and public demonstrations related to federal immigration enforcement operations. Demonstrators and federal officers reportedly have faced off on multiple occasions, occasionally involving the deployment of crowd-control measures. Violent and fatal outcomes have been extensively reported. Local officials have publicly urged calm and safe conduct while acknowledging growing community concerns about federal enforcement actions.

Employer Considerations—Fear of Coming to Work and Potential Leave Requests

In the current climate of civil unrest, employers may encounter employee requests to stay home due to fear of injury or personal safety concerns related to ongoing protests or law enforcement operations. While Minnesota’s Paid Leave law does not specifically enumerate “fear of civil unrest” as a qualifying reason, employers should be mindful of the following:

1. Safety Leave and Personal Safety Needs. Employees may seek paid leave if they or a family member need to address a personal safety issue, such as obtaining a protective order or escaping a violent domestic situation. Minnesota’s safety leave provisions cover domestic abuse, sexual assault, and stalking. Safety leave is available to obtain services from a victim services organization, obtain counseling, seek relocation due to covered conduct, or to seek legal advice or take legal action, including preparing for or taking part in a related civil or criminal legal proceeding.
2. Other Leave Rights. An employee unable to work due to personal injury, mental health reasons, or serious health conditions resulting from stress tied to external events may have options under:
1. Medical leave if certified by a health provider as a serious health condition, including conditions that may be exacerbated by fear or anxiety that substantially impairs health.
2. Other applicable leave types under federal or state law (e.g., FMLA, ADA accommodations, MHRA) depending on employer size and circumstances.
   
   
3. Flexible Accommodations. Employers should consider whether remote work, flexible scheduling, or temporary adjustments could reasonably address an employee’s safety concerns while maintaining operations without undue hardship.
4. Documentation and Consistency. Leave requests should be handled consistently, with appropriate documentation where required under the Paid Leave law and employer policies. Employers should avoid assumptions about the nature of fear-related absences and engage employees in a dialogue to identify suitable solutions.
5. Non-Retaliation Obligations. Minnesota’s Paid Leave law prohibits adverse actions against employees for requesting or taking leave. Employers should ensure management is aware of these protections and that policies reflect compliance with Paid Leave requirements.

Practical Steps for Employers

Employers should interpret and apply leave provisions based on established qualifying reasons such as personal or family safety needs under the statute and applicable guidance from the Minnesota Department of Employment and Economic Development (DEED).

1. Review and update leave policies to reflect Paid Leave eligibility and application processes.
2. Train managers and HR teams on Minnesota Paid Leave rights, including safety leave triggers and documentation standards.
3. Develop protocols for handling leave requests tied to safety concerns or civil unrest, including appropriate medical or employer documentation.
4. Communicate openly with staff about leave rights, available options (remote work, flexible schedules), and expectations during periods of heightened public concern.
5. Develop protocols for dealing with workplace enforcement by ICE or other federal agencies.

If you have questions about how the Minnesota Paid Leave law interacts with specific employee situations or need help with policy updates and compliance, please contact our Labor and Employment or Immigration Groups.

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