What type of employees are eligible for FMLA leave?
In Colorado, the Federal Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave each year for certain medical and family reasons. Eligibility for FMLA leave is determined by certain criteria. Generally, to be eligible for FMLA leave, an employee must work in a private sector or local, state, or federal government agency and have worked for at least 12 months with a minimum of 1,250 hours over the last 12 months. Additionally, the employee must work at a location that employs at least 50 employees within a 75-mile radius. Employees who meet these eligibility requirements may be eligible to take up to 12 weeks of unpaid leave in a 12-month period for the following reasons: to care for a sick family member; to recover from a serious health condition; to care for a new child; or to address certain military-related issues. The leave can be used consecutively or intermittently. During the leave, the employee is to be given the same or an equivalent job when the leave period is over. Employers in Colorado may also provide more generous leave policies than the minimum 12 weeks required by FMLA. For example, some employers may offer additional unpaid leave for employees with a chronic illness or for those serving as a caregiver for an elderly relative. Employers may also offer paid leave. Additionally, certain government and public sector employers may provide additional leave rights, beyond the FMLA requirements, for their employees.
Related FAQs
Does the FMLA protect employees from being fired while on FMLA leave?Can my employer deny my request for FMLA leave?
Does the FMLA guarantee job protection for an employee returning from active military service?
Is an employee required to give advance notice if they will be taking FMLA leave?
Does the FMLA cover absences due to severe weather or natural disasters?
Which employers are covered by the FMLA?
How is a 12-month period defined for FMLA eligibility purposes?
Does the FMLA cover adoption or foster care leave?
Does an employee's job status affect his/her eligibility for FMLA leave?
Are there any exemptions to FMLA employee eligibility?
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