Elect UI coverage for noncovered employees (voluntary election of coverage)

Reference: Minnesota Law, §268.042 Subd.3

Employers who are not required to pay Minnesota unemployment insurance (UI) tax on wages paid to their employees may elect to extend coverage to those employees. Elections take effect the quarter after the request is made and remain in effect for a minimum of two calendar years.

To terminate an election, an employer must notify the Minnesota Unemployment Insurance Program by December 1st for the coverage to end the following January 1st.

The UI Program may grant or deny elections at its discretion. Elections will not be approved if the employer has an outstanding debt. The election must apply to all owners as a class. Employers who elect coverage must pay UI tax on wages paid to those owners, and the owners become eligible for UI benefits.

NOTE: Federal Unemployment Tax Act (FUTA) liability may increase if an employer does not elect to cover noncovered owner/officer's wages. Paying state UI tax by the due date creates an offset credit toward FUTA tax liability. Employers should contact their accountant or tax advisor for additional guidance.

NOTE: Paid Leave has different coverage requirements. Additional information on opting-in for Paid Leave coverage can be viewed at Opt-in for Paid Leave coverage.

This handbook is based on current UI and Paid Leave law; statements are intended for general information and do not have the effect of law

The Minnesota Unemployment Insurance Law - MN Statutes 268.001 to 268.23 and Administrative Rules 3310 and 3315 - can be accessed through our website at ui.mn.gov by selecting Employers & Agents, Help and Support, then the UI Law link.

For more information on Paid Leave law, visit the Paid Leave website at https://pl.mn.gov/.

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