The Family Medical Leave Act (FMLA), a federal law passed in 1993, was designed to alleviate some of the stress of caring for a loved one by allowing employees to balance their work demands and family responsibilities. Ultimately, under FMLA, a person is able to care for their family for an extended period of time without fear of losing their job.
The Family Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained. People can use FMLA when they or a family member have a serious illness. They also can use it to care for a newborn or an adopted child.
The idea is that if someone qualifies and their employer meets certain requirements, they can take time off to handle these important situations without losing their health insurance or their job. The leave can be taken all at once or intermittently as the medical condition dictates.
Family Leave (FMLA) : Colorado
Colorado FMLA allows eligible employees paid leave to care for a family member – this includes parents. Eligible employees can take up to 12 weeks of leave to care for a parent with a serious health condition. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care, continuing treatment, or supervision to prevent serious harm or death.
To be eligible for Colorado FMLA leave to care for a parent, employees must meet the same eligibility requirements as those who take leave for other family members. This means they must have worked for their employer for at least 180 days in the past 12 months and earned at least $2,500 in wages or salary from their employer in the past 12 months.
Employees who are eligible for Colorado FMLA leave to care for a parent will receive up to 12 weeks of paid leave at a rate of 55% of their average weekly wage. They may also be eligible for additional benefits, such as health insurance continuation.
To apply for Colorado FMLA leave to care for a parent, employees must submit a completed application to their employer. The application must include documentation of the parent’s serious health condition. Employers are required to approve or deny FMLA leave requests within five business days.
If you have any questions about Colorado FMLA, you can contact the Colorado Department of Labor and Employment at 303-866-2999.
What You Need to Know
Before you ask your employer about FMLA, you need to be sure that you qualify. As a result, make sure you not only review the FMLA eligibility requirements but talk to your human resource department as well. If there is an employee handbook, be sure to familiarize yourself with it. Additionally, it is good to know a few key facts about FMLA.
- You may be able to use your paid leave while on FMLA leave. This might include accrued sick leave, vacation time, and other paid time off. However, there is no legal requirement for employers. Check with human resources to see what your company requires. Keep in mind that even if you do not want to use your paid leave, your company can require you to use it first.
- If you take FMLA, your employer must continue your health insurance as if you were not on leave. You may have to make normal employee contributions for this insurance though. Again, it is best to check with your human resources department.
- Employers are not allowed to hold your FMLA leave against you when it comes to hiring or promotions. They also cannot discipline you for using it.
- As long as you return to work before your FMLA runs out, you must be given the same job or one almost identical to it. Companies are not permitted to demote you or give you less income for taking leave under FMLA.
- You can take your leave as one large block of time, like when you have surgery. Or, you can take it intermittently if you have a chronic illness that requires you to take time off every so often to manage your illness or to care for a sick child.
- In order to take leave under FMLA, you must give your employer an appropriate notice. If you know in advance you will need to take a leave of absence, you need to give your employer 30 days notice. If you must take leave unexpectedly due to a family member’s unexpected accident or illness, then you should let your employer know as soon as possible.
- Your employer has the right to ask for medical certification to verify that you do in fact need to take a leave of absence under FMLA. You have 15 calendar days to provide this certification and if it costs anything to get the appropriate documentation, you are responsible for the costs involved.
- If you exhaust your FMLA leave and are still unable to return to work, your employer is not required to hold your job, or one similar to it, for you.
- There are times when key employees, like those in upper management, are not guaranteed the same position or a similar one after an FMLA leave.
If you have any questions about Colorado FMLA, you can contact the Colorado Department of Labor and Employment at 303-866-2999.
