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Minnesota Paid Leave: Equivalent Plans

07.18.2025 Written by: Henningson & Snoxell, Ltd.

Minnesota’s Paid Family and Medical Leave program launches in approximately six months. Employers now have approved alternatives to the state program, with the Minnesota Department of Employment and Economic Development (DEED) publishing its list of compliant private plans and self-insurance options.

Alternative Options to State Plan

Employers have two alternative options to utilizing the state program: self-insure or private insurance carrier plans. Regardless of your choice, you must provide paid family and medical leave that offers the same or better coverage to all employees, costs employees no more than the state program, and provides equal job protection.

Self-Insured Plans

Employers may choose to self-insure for paid family and medical leave, which means you manage paid leave requests and payments directly to employees. However, self-insured plans must be backed by a surety bond to ensure payment capability. The surety bond must be:

  • Issued by a surety company authorized to do business in Minnesota, and
  • Equal to your total annual premiums under the state plan.

To calculate the required bond amount, use the DEED Paid Leave calculator: https://mn.gov/deed/paidleave/employers/premiums/index.jsp

Insurance Carrier Plans (Private Plans)

The second option is enrolling in a private plan sold by an approved insurance carrier. DEED has published the list of approved carriers with compliant plans at: https://mn.gov/deed/assets/approved-equivalent-plans_tcm1045-695686.pdf

How to use the alternative plans?

You may choose either alternative at any time, but you must request an Equivalent Plan Substitution through DEED. The process involves setting up required accounts, submitting documentation, and paying a nonrefundable fee (between $250–$1000 depending on employer size).

Even with approved alternative plans, employers remain subject to certain state requirements. You must continue submitting wage detail reports to the state each quarter and comply with all employee notification requirements.

All employees must be informed of their rights and benefits under Paid Leave by December 1, 2025. These notices must be provided in employees’ native language, and workplace posters must be displayed in English and any language spoken by five or more employees. For employees hired after December 1, 2025, you must provide the required notice within 30 days of their start date. DEED will be providing a model notice for Employers to follow. Contact us with any questions regarding Minnesota Paid Leave.

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Successful Representation in Breach of Fiduciary Duty Case

07.17.2025 Written by: Henningson & Snoxell, Ltd.

A book of estate planning law.

In a recent Wright County, Minnesota, case, Henningson & Snoxell, Ltd. attorneys, Mark V. Steffenson and Susan T. Peterson-Lerdahl, successfully represented a client who was short-changed in the distribution of her mother’s estate by her brother, the duly-appointed personal representative. The personal representative’s position was that the client’s distributive share of the estate should be reduced because the client still owed the decedent money under an old contract for deed arrangement between decedent and client. After a three-day evidentiary hearing, the court determined that the contract for deed carried contractual damages which had been satisfied when the client defaulted under the contract for deed and the property was sold and that the client should receive her equal distributive share of the estate. Further, the court held that the personal representative acted unfairly by reducing the client’s distributive share and that the personal representative breached his fiduciary duty by using undue influence over decedent in making codicils and by improperly administering the estate. The personal representative was removed for cause from service as personal representative.

As always, for any of your estate planning or elder law needs, feel free to contact one of Henningson & Snoxell, Ltd.’s estate planning and elder law attorneys: Susan T. Peterson-Lerdahl, Adam J. Kaufman, Eric J. Lilly, David T. Estle, and Rachell L. Henning.

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Minnesota expands Rule Against Perpetuities to 500 years

07.08.2025 Written by: Henningson & Snoxell, Ltd.

Short History

Sometimes, statutes are written to satisfy both proponents and opponents of a law.  Minnesota’s Rule Against Perpetuities is a case in point.  A short history lesson best illustrates the concept.

In the late 1500s, the Duke of Norfolk created a trust to protect family property for his oldest son, who lacked capacity and was unable to own assets outright.  The Duke transferred all of his property to the trust and prohibited the trustee from selling any of it, thereby indefinitely removing the property from commerce.  This trust arrangement created controversy because some people did not believe that property should be encumbered with such restrictions that would last for generations.  After many years of litigation, the case was decided with the court issuing what is now known as the “rule against perpetuities”, which limited the amount of time that property could be held in trust to about 100 years.

As of August 1, 2025, Minnesota’s Rule Against Perpetuities (RAP) increases from 90 years to 500 years.  (Minnesota Statutes Section 501A.01(2025)).  Trusts created prior to August 1, 2025, will remain governed by the 90-year vesting rule.

How does the new law impact you?

 In general, a longer RAP period gives you more estate planning flexibility.  For example, you may wish to leave an inheritance to people who are not yet born (and who may never exist) or to make a gift…with certain legal conditions attached.  Or, you may want to plan to keep a property in the family for many generations.  Further, you may decide to use one or more trusts to plan to minimize or avoid estate tax at death.  If so, Minnesota’s new, longer, Rule Against Perpetuities will aid you in your planning. As always, for any of your estate planning or elder law needs, feel free to contact one of Henningson & Snoxell, Ltd.’s estate planning and elder law attorneys: Susan T. Peterson-Lerdahl, Adam J. Kaufman, Eric J. Lilly, David T. Estle, and Rachell L. Henning.

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