Jackson Lewis: Extension of Leave under Minnesota Law Did Not Also Extend Worker’s Reinstatement Rights | Practical Law

Jackson Lewis: Extension of Leave under Minnesota Law Did Not Also Extend Worker’s Reinstatement Rights | Practical Law

This Law Firm Publication by Jackson Lewis LLP discusses Hansen v. Robert Half Int’l, a recent Minnesota Supreme Court decision affirming that an employee has no right to reinstatement under the Minnesota Parenting Leave Act (MPLA) following an extension of maternity leave. Hansen claimed that her employer violated the MPLA by failing to reinstate her after maternity leave and by retaliating against her for taking maternity leave. She also claimed that the employer violated the Minnesota Human Rights Act (MHRA) by terminating her because of her sex. The court held that the MPLA neither provides nor suggests that an extension of leave under the MPLA extends the right to reinstatement. The court supported its conclusion by referring to federal court decisions that the expiration of Family and Medical Leave Act (FMLA) leave terminates reinstatement rights to the same or an equivalent position. Further, because Hansen’s employer clearly stated in writing that she would forfeit her right to reinstatement if she extended her leave, her right to reinstatement was not extended. The court also held that there was a bona fide reduction in force and that Hansen failed to show that her termination was because of her sex.

Jackson Lewis: Extension of Leave under Minnesota Law Did Not Also Extend Worker’s Reinstatement Rights

by Jackson Lewis LLP
Published on 08 Jun 2012Minnesota, United States
This Law Firm Publication by Jackson Lewis LLP discusses Hansen v. Robert Half Int’l, a recent Minnesota Supreme Court decision affirming that an employee has no right to reinstatement under the Minnesota Parenting Leave Act (MPLA) following an extension of maternity leave. Hansen claimed that her employer violated the MPLA by failing to reinstate her after maternity leave and by retaliating against her for taking maternity leave. She also claimed that the employer violated the Minnesota Human Rights Act (MHRA) by terminating her because of her sex. The court held that the MPLA neither provides nor suggests that an extension of leave under the MPLA extends the right to reinstatement. The court supported its conclusion by referring to federal court decisions that the expiration of Family and Medical Leave Act (FMLA) leave terminates reinstatement rights to the same or an equivalent position. Further, because Hansen’s employer clearly stated in writing that she would forfeit her right to reinstatement if she extended her leave, her right to reinstatement was not extended. The court also held that there was a bona fide reduction in force and that Hansen failed to show that her termination was because of her sex.