Does the FMLA guarantee reinstatement of an employee's job after FMLA leave?
No, the FMLA does not guarantee reinstatement of an employee’s job after FMLA leave in Colorado. The FMLA, or Family and Medical Leave Act, was enacted by the federal government in 1993 and provides job-protected leave for certain employees to take time off for their own medical needs or to care for a family member. In Colorado, all employers with more than fifty employees in a 75-mile radius must provide up to twelve weeks of unpaid leave for qualified employees who are covered by the FMLA. However, while the FMLA guarantees job-protected leave, it does not guarantee employee reinstatement after the leave. For example, if an employee in Colorado takes a twelve-week FMLA leave and the employer filled the employee’s position while they were gone, the employer is not required to reinstate the employee. Instead, the employer must provide the employee with comparable employment and the same benefits, compensation, and terms and conditions that the employee had prior to taking the leave. In a nutshell, the FMLA provides job-protected leave for qualified employees in Colorado, but does not guarantee reinstatement to the same job upon return from FMLA leave.
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