Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?
Yes, the Family and Medical Leave Act (FMLA) guarantees job protection if an employee needs to care for an ailing family member. In the state of Colorado, employees are eligible for job protection under the FMLA if they have worked for their employer for at least 12 months and if their employer has at least 50 employees. Eligible employees may take up to 12 weeks of unpaid leave for a qualifying medical or family reason, such as caring for a family member with a serious health condition. During this time, the employee’s job is protected, meaning they cannot be fired or laid off due to taking this leave. Additionally, the employee’s health insurance will also be maintained during this time. In order for an employee to take advantage of job protection under the FMLA, they must provide notice to their employer at least 30 days prior to the start of the leave. Once the leave has been approved, the employer must restore the employee to their original or a nearly equivalent position. Employees are also entitled to re-establishment of any benefits they may have lost as a result of taking the leave. Overall, the FMLA guarantees job protection to employees who must take time off to care for an ailing family member. This job protection allows employees to care for themselves or their families while feeling secure in their jobs.
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