Minnesota Legislature
Office of the Revisor of Statutes
2023 Minnesota Statutes
268B.03 PAYMENT OF BENEFITS.
Subdivision 1.Requirements.
The commissioner must pay benefits from the family and medical benefit insurance account as provided under this chapter to an applicant who has met each of the following requirements:
(1) the applicant has filed an application for benefits and established a benefit account in accordance with section 268B.04;
(2) the applicant has met all of the ongoing eligibility requirements under section 268B.06;
(3) the applicant does not have an outstanding overpayment of family or medical leave benefits due to misrepresentation, including any penalties or interest;
(4) the applicant has not been held ineligible for benefits under section 268B.07, subdivision 2; and
(5) the applicant is not employed exclusively by a private plan employer and has wage credits during the base year attributable to employers covered under the state family and medical leave program.
Subd. 2.Benefits paid from state funds.
Benefits are paid from state funds and are not considered paid from any special insurance plan, nor as paid by an employer. An application for family or medical leave benefits is not considered a claim against an employer but is considered a request for benefits from the family and medical benefit insurance account. The commissioner has the responsibility for the proper payment of benefits regardless of the level of interest or participation by an applicant or an employer in any determination or appeal. An applicant's entitlement to benefits must be determined based upon that information available without regard to a burden of proof. Any agreement between an applicant and an employer is not binding on the commissioner in determining an applicant's entitlement. There is no presumption of entitlement or nonentitlement to benefits.
History:
NOTE: This section, as added by Laws 2023, chapter 59, article 1, section 11, is effective January 1, 2026. Laws 2023, chapter 59, article 1, section 11, the effective date.
Official Publication of the State of Minnesota
Revisor of Statutes