2023 Minnesota Statutes › Chapters 268 - 269 — Employment And Economic Development › Chapter 268B — Family And Medical Benefits › Section 268B.07 — Determination On Issues Of Eligibility.

268B.07 DETERMINATION ON ISSUES OF ELIGIBILITY.
Subdivision 1.
Employer notification.
(a) Upon a determination that an applicant is entitled to benefits, the commissioner must promptly send a notification to each current employer of the applicant, if any, in accordance with paragraph (b).
(b) The notification under paragraph (a) must include, at a minimum:
(1) the name of the applicant;
(2) that the applicant has applied for and received benefits;
(3) the week the benefits commence;
(4) the weekly benefit amount payable; and
(5) the maximum duration of benefits.
Subd. 2.
Determination.
(a) The commissioner must determine any issue of ineligibility raised by information required from an applicant and send to the applicant and any current base period employer, by mail or electronic transmission, a document titled a determination of eligibility or a determination of ineligibility, as is appropriate, within two weeks, unless the application is incomplete due to outstanding requests for information including clerical or other errors. Nothing prohibits the commissioner from requesting additional information or the applicant from supplementing their initial application before a determination of eligibility. The commissioner may extend the deadline for a determination under this subdivision due to extenuating circumstances.
(b) If an applicant obtained benefits through misrepresentation, the department is authorized to issue a determination of ineligibility within 12 months of the establishment of the benefit account.
(c) If the department has filed an intervention in a worker's compensation matter under section 176.361, the department is authorized to issue a determination of ineligibility within 48 months of the establishment of the benefit account.
(d) A determination of eligibility or determination of ineligibility is final unless an appeal is filed by the applicant within 60 calendar days after sending. The determination must contain a prominent statement indicating the consequences of not appealing. Proceedings on the appeal are conducted in accordance with section 268B.08.
(e) An issue of ineligibility required to be determined under this section includes any question regarding the denial or allowing of benefits under this chapter.
Subd. 3.
Amended determination.
Unless an appeal has been filed, the commissioner, on the commissioner's own motion, may reconsider a determination of eligibility or determination of ineligibility that has not become final and issue an amended determination. Any amended determination must be sent to the applicant and any employer in the current base period by mail or electronic transmission. Any amended determination is final unless an appeal is filed by the applicant within 60 calendar days after sending.
Subd. 4.
Benefit payment.
If a determination or amended determination allows benefits to an applicant, the family or medical leave benefits must be paid regardless of any appeal period or any appeal having been filed.
Subd. 5.
Overpayment.
A determination or amended determination that holds an applicant ineligible for benefits for periods an applicant has been paid benefits is an overpayment of those family or medical leave benefits. A determination or amended determination issued under this section that results in an overpayment of benefits must set out the amount of the overpayment and the requirement that the overpaid benefits must be repaid according to section 268B.185.
History:
2023 c 59 art 1 s 15
NOTE:
This section, as added by Laws 2023, chapter 59, article 1, section 15, is effective November 1, 2025. Laws 2023, chapter 59, article 1, section 15, the effective date.