How does the FMLA affect an employee's eligibility for benefits?

The Family and Medical Leave Act (FMLA) is a federal law that guarantees certain employees job-protected and unpaid leave to care for themselves or family members. It also mandates that any employee who is eligible for FMLA protection, be allowed to retain their group health insurance throughout the duration of their leave. In Colorado, the FMLA applies to employers with 50 or more employees, including state and local governments. Employees are eligible for FMLA if they have worked for the employer for at least 12 months in the preceding 7 years, and have worked at least 1,250 hours in the 12-month period prior to the leave. Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave, either in a lump sum or in increments of a few days at a time, for certain qualifying family and medical reasons. These include caring for a newborn or a newly-adopted child; caring for an ill family member; or attending to a personal medical issue. The FMLA also requires that any employee who is eligible for FMLA protection will be allowed to retain their group health insurance throughout their leave. This means that the employee’s same health benefits will still be maintained while they are away from work. Additionally, employers are obligated to maintain any accrued vacation, sick or personal leave, or other benefits during the leave as well. In conclusion, the FMLA ensures that eligible employees are allowed to take up to 12 weeks of unpaid leave for certain family and medical reasons, and still maintain their group health insurance and other benefits for the duration of the leave.

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