Minnesota Statutes Labor, Industry (Ch. 175-189) § 181.942. Reinstatement after leave

Subdivision 1. Comparable position. (a) An employee returning from a leave of absence undersection 181.939or181.941is entitled to return to employment in the employee's former position or in a position of comparable duties, number of hours, and pay. An employee returning from a leave of absence longer than one month must notify a supervisor at least two weeks prior to return from leave. An employee returning from a leave undersection 181.9412orsections 181.9445to181.9448is entitled to return to employment in the employee's former position.

(b) If, during a leave undersections 181.939to181.944, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.