Does the FMLA provide job protection for employees with qualifying exigencies related to a family member's active military service?
The Family and Medical Leave Act (FMLA) does provide job protection for employees with qualifying exigencies related to a family member’s active military service in Colorado. The FMLA gives eligible employees the ability to take unpaid, job-protected leave for up to 12 weeks in a 12-month period. Qualifying exigencies include leave to attend certain military events, address financial and legal arrangements, obtain counseling, and attend rest and recuperation activities. Employees may also take up to 26 weeks of leave in a 12-month period to care for a family member who is a member of the armed forces and has a medical condition arising from active duty. Upon returning to work, Colorado law requires employers to reinstate any employee who takes FMLA-protected leave in the same or an equivalent position with equivalent pay, benefits, and seniority. An employee who is unable to return to work due to a disability may be entitled to reasonable accommodations in the form of part-time or modified work schedules. The FMLA also protects leave rights for eligible employees who are spouses, sons, daughters, or parents of a military member. These employees may take up to 12 weeks of leave during any 12-month period to address certain qualifying exigencies. Leave may also be taken to care for a family member who is a military member and has a serious illness or injury. FMLA leave is a valuable benefit that offers employees in Colorado job security and stability when addressing the duties associated with a family members’ active military service.
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