Family and Medical Leave Act in Colorado (FMLA)

Are you an employer in Colorado? Are you familiar with the specifics of the federal Family and Medical Leave Act (FMLA) in Colorado and how it impacts your business? What about Colorado’s own legislation? And do your employment policies reflect the rights and obligations established by these crucial employee leave laws? If not, or even if you are but need a refresher, then you’ve come to the right place. Today, we are going to break down everything you need to know about the federal FMLA and Colorado’s state-specific leave laws. We will explore how these laws work, which employees are eligible to request family and medical leave, and the rights and responsibilities defined by these laws.

Let’s get to it…

TABLE OF CONTENTS

What is the Family and Medical Leave Act (FMLA)?
FMLA: Eligibility Criteria
Colorado State Regulations
Qualifying Reasons for Requesting FMLA Leave
Duration and Types of Family and Medical Leave in Colorado
Employee Rights and Employer Obligations Under the FMLA
The Process for Requesting FMLA Leave in Colorado
Federal vs. State Specifics: FMLA vs. Colorado’s FAMLI Program
Family and Medical Leave Act in Colorado: Resources
Family And Medical Leave Act in Colorado: FAQs
Effortlessly Track Employee Time Off With Our HR Software

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a landmark piece of legislation in the United States. Established in 1993 after many years of pressure from labor unions and women’s rights groups, the FMLA recognizes the struggles of workers facing health crises and ensures their right to job protection while they recover or care for dependant family members. Without this groundbreaking national protection, employees across all states would potentially be faced with choosing between their health and their livelihood, a decision that nobody should have to make.

So, what are the specifics of this federal law?

Essentially, the Family and Medical Leave Act (FMLA), regulated by the United States Department of Labor (DOL), allows employees covered by the Act to take up to 12 weeks of unpaid, job-protected leave per year for medical reasons or to care for sick family members. Accepted reasons for taking this form of leave include serious medical conditions, childbirth, adoption, and caring for a family member with a serious medical condition. Once the leave duration is over, employees have the right to return to their jobs (or a similar position) and maintain all their original employment and health benefits.

But who is classed as an eligible employee? Can anyone request this form of medical leave?

We guessed you were going to ask that! Move on to the next section to find out.

FMLA: Eligibility Criteria

As you’ve probably gleaned from the previous section, unfortunately not all U.S. employees are entitled to request job-protected leave under the FMLA.
So, what is the eligibility criteria? Which employees can request this form of leave and what requirements do they have to meet?

In fact, the Family and Medical Leave Act (FMLA) defines a very specific set of criteria to determine who is covered under its provisions.

Here’s everything you need to know in a nutshell:

eligibility criteria for FMLA in Colorado

Employer Eligibility. The FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius. It also applies to all public agencies, including local, state, and federal employers, and public and private elementary and secondary schools, regardless of how many employees said institutions have.
Employee Eligibility. In order to qualify for FMLA leave, an employee of one of the above entities must have worked for said entity for at least 12 months. These months do not necessarily have to have been consecutive. However, before an employee can request job-protected leave, they must have worked a minimum of 1,250 hours during the 12 months prior to taking FMLA leave. They must also work at a location where the employer has at least 50 employees within a 75-mile radius.

Colorado State Regulations

Ok, so far so good. But what about specific requirements relating to employers in The Centennial State? Are there any state laws that Colorado businesses need to be aware of in terms of family and medical leave?

Actually, yes there are. Namely, the Colorado Family Care Act (FCA), the Paid Family and Medical Leave Insurance (FAMLI) program, the Healthy Families and Workplaces Act (HFWA), and the Colorado Military Family Leave Act. These laws offer additional protections and benefits on top of those offered by the FMLA, providing more comprehensive coverage for workers in the state.

Here’s an overview of these state laws:

Colorado Family Care Act (FCA)

This is basically Colorado’s own version of the FMLA. The main distinction is that, under the FCA, employees in Colorado can take leave to care for a wider range of family members. This includes siblings, grandparents, in-laws, and civil union partners.

Paid Family and Medical Leave Insurance (FAMLI)

Enacted in 2020, this is a relatively new law in Colorado. Under this state-wide program, Colorado employees have a right to paid leave benefits when they are unable to work due to illness. We’ll go into more detail about this law further down in the post.

Healthy Families and Workplaces Act (HFWA)

Enacted in 2021, this law requires employers in Colorado to provide paid sick leave to employees. Under the HFWA, employees also have the right to accrue and use paid sick leave for a broader range of health-related reasons. This includes preventive medical care and mental health. The act also covers public health emergency leave, where eligible employees are entitled to additional paid sick leave during public health emergencies (such as the Covid-19 pandemic which inspired this piece of legislation). What’s more, in Colorado, employees can use HFWA benefits to supplement their FMLA leave.

In addition to the above, employers in Colorado are covered by the HFWA regardless of size. In other words, if an employee is requesting leave under the HFWA, they can do so even if you have fewer than 50 employees in a 75-mile radius.

Additional Leave Protections

Aside from the above, certain categories of workers may be entitled to request medical leave under specific circumstances. For example, Colorado law requires employers to provide reasonable accommodations for health conditions related to pregnancy or the physical recovery from childbirth, unless doing so would impose an undue hardship on the business.
In addition, victims of domestic abuse, stalking, sexual assault, or other crimes have specific leave rights in Colorado, especially if abuse results in a serious health condition. Employees can request domestic abuse leave to attend legal proceedings, to seek medical treatment, or to make arrangements for their safety or the safety of their family, such as relocating to a secure location.

Qualifying Reasons for Requesting FMLA Leave

Ok, next question: what are the qualifying reasons for requesting leave under the FMLA? In other words, when can an eligible employee request this type of federal leave?

Here’s another handy flow chart with everything neatly summarized for you:

qualifying reasons under Family and Medical Leave Act (FMLA) in Colorado

Personal. Eligible employees can request FMLA leave for a serious health issue that affects their job performance. Examples of what this could mean include: undergoing major surgery; receiving treatment for a chronic illness such as cancer or heart disease; dealing with mental health issues including depression or anxiety that require professional treatment; recuperating from a serious accident or injury; and, managing the effects of a pregnancy, including prenatal medical care and incapacity due to morning sickness.
Family members. Eligible employees can also request FMLA leave to care for a spouse, child, or parent who is suffering from a serious health condition.
Birth, adoption, or foster care placement. The FMLA states that eligible employees can request FMLA leave for the birth of a child. They can also request leave for the adoption or foster care placement of a child.
Military family leave. Finally, eligible employees have the right to take up to 15 days of unpaid military caregiver leave if they are married to a member of the Armed Forces, National Guard, or Reserves who has been called to active duty or who has taken leave from deployment. The FMLA also includes provisions for extended leave (up to 26 weeks) to care for a family member who is a service member with a serious injury or illness.

Duration and Types of Family and Medical Leave in Colorado

Duration of leave under the Family and Medical Leave Act (FMLA)

Let’s review how long employees in Colorado can take off under the FMLA.

Put simply, eligible employees can take up to a maximum of 12 weeks unpaid leave over a 12-month period. In the case of military caregiver leave, this duration can be extended up to a maximum of 26 weeks under certain conditions (namely, to care for a covered service member with a serious injury or illness if the employee is the service member’s spouse, child, parent, or next of kin).

Types of Family and Medical Leaves in Colorado

So, are there different types of leave under the Family and Medical Leave Act in Colorado? Yes, there are. In fact, there are 3 types of leave offered under the terms of the Act:

Continuous leave: This is where an eligible employee takes a continuous, uninterrupted period of leave.
Intermittent leave: With this type of leave, eligible employees can take FMLA leave in separate blocks of time for a single, qualifying reason.
Reduced schedule leave: This is where an eligible employee reduces their working hours, either daily or weekly, for a fixed period of time due to a single, qualifying reason.

Employee Rights and Employer Obligations Under the FMLA

rights and protections under Family and Medical Leave Act (FMLA) in Colorado

Job Security

OK, next question. How does job protection work under the FMLA. What rights do employees in Colorado who have taken leave under the FMLA have?

The answer is pretty straightforward – employees are guaranteed the right to return to the same or an equivalent position. In other words, when an employee returns to work after taking family or medical leave, you either have to reinstate them in their original position or you have to offer them a similar role within your company. This is perhaps the most crucial aspect of the Family and Medical Leave Act in Colorado as it gives employees the security of knowing that, provided they have taken leave for a qualifying reason under the Act, they are not at risk of losing their job as a result of a family or medical emergency.

Health Insurance Maintenance

Another important aspect of the FMLA that employers in Colorado need to be aware of is what happens to an employee’s health insurance while they are on leave. Again, the answer here is clear and leaves no room for doubt: as an employer, you must continue to pay into an employee’s health insurance policy while they are on leave, even if this leave is extended. Nothing changes. You also have to maintain the same terms and conditions with their insurance policy. The employee in question must also continue to pay for their portion of their health insurance premiums throughout this period.

Protection of Employee Benefits

The same goes for employee benefits. You must honor and maintain any and all benefits that you have included in an employee’s compensation package whilst they are on FMLA leave. So, for example, if you are paying into a 401(k), you must continue to make contributions as normal for the duration of leave. To the same effect, if an employee is accruing paid time off, they continue to accrue this time while they are on leave.

Employer’s Role in Granting Leave and Maintaining Compliance

An an employer in Colorado, you have a few other obligations under the FMLA.

Firstly, you must grant leave to an eligible employee if they have requested it for a qualifying reason (in other words, for one of the reasons that we saw above).

Secondly, you must maintain accurate records of all information relating to the employee leave in question. This includes the dates the leave begins and ends, the reason for taking leave, any FMLA leave that an employee has already used during the current 12-month period, and any additional documentation related to the employee’s or family member’s health condition if applicable.

Finally, you cannot retaliate against an employee who has requested and/or taken leave under the Family and Medical Leave Act (FMLA) in Colorado. So, put simply, this means that you cannot fire an employee for taking leave, demote them, decrease their pay, reduce their hours, or discriminate against them in any way in terms of opportunities for growth and development.

The Process for Requesting FMLA Leave in Colorado

Let’s take a look now at the process that employees must follow to request leave under the Family and Medical Leave Act (FMLA) in Colorado. That way, you can make sure that your company leave policy reflects the requirements of the Act.

Determine Eligibility

Firstly, the employee must check that they are eligible for FMLA leave. As we saw above, this means that they must work at a location with 50 or more employees within a 75-mile radius. They must also have been one of your employees for at least 12 months. And, of course, you must be legally classified as a covered employer.

Clarify Reason for Taking Leave

Secondly, the employee must check that their reason for taking time off is accepted as a qualifying reason under the FMLA. Accepted reasons include personal health issues, the birth or adoption of a child, caring for a family member, or military exigencies.

Notification of Intent

Thirdly, the employee must notify you of their intent to take FMLA leave. They can do this verbally or in writing but they must give sufficient notice where possible (usually 30 days although the FMLA does make allowances for emergencies).

Submit Required Forms and Supporting Documentation

Thirdly, your employees should have access to internal FMLA leave request forms. If you haven’t already established a process for this, then this should be a priority as it is a legal requirement. The forms don’t have to be overly complicated but there are a few basic details that you should request from employees. This includes sections for the employee’s name, the specific dates that they will be taking leave (leave start and end dates), and why they need to take leave.

You should also include a section where employees can include any medical certificates if they are requesting leave for health reasons, or military orders where applicable.

In terms of documentation and notice requirements, make sure your employees are aware of the following:

Medical certificate. If an employee requests leave as a result of a serious medical condition (personal or that of a close family member), they must provide you with a doctor’s note. This certificate must include the date the condition first manifested itself, its expected duration, and any other relevant medical information.
Advance notice. When leave is anticipated, such as in the case of childbirth or planned medical treatment, employees must provide at least 30 days’ notice.
Periodic updates. Whilst on leave, employees must keep you regularly updated on their status and intent to return to work. This is particularly important if leave is extended beyond the initially approved period of time.
Fitness-for-duty certificate. Finally, if an employee is taking leave because of a serious health condition, they must provide you with a fitness-for-duty certificate before they can return to their duties.

Respond to Leave Requests

Once an employee has submitted an FMLA leave request form, you have 5 business days to respond. When you respond, you must confirm whether or not the employee is eligible for FMLA leave. This will depend on a few things:

If they have worked for your company for at least 12 months.
If they have worked at least 1,250 hours in the last 12 months.
If you employ at least 50 employees within a 75-mile radius (in other words, if you are a covered employer).

Coordinate Leave Details

If you have approved an employee’s request for FMLA leave, the next step is clarifying the specific details of their leave. Aside from the start date and duration, this includes whether they will be taking continuous or intermittent leave or working a reduced schedule.

Understand Rights and Responsibilities

Finally, make sure you and all your employees understand the rights and responsibilities set by the FMLA. This includes those related to job protection, health insurance, and any obligations an employee might have during leave (such as maintaining regular contact, updating you on their medical status, etc.).

Federal vs State Specifics: FMLA vs. Colorado’s FAMLI Program

We touched briefly on Colorado’s state family and medical leave law at the start of the post (the FAMLI Program). Let’s explore this in a bit more detail now as this is a very important law to be aware of if you are an employer in The Centennial State. Specifically, we are going to compare Colorado’s FAMLI Program with the federal FMLA to help you understand your additional obligations as set by the state of Colorado.

Purpose and Scope

FMLA: A federal law that provides eligible employees with unpaid, job-protected leave for certain family and medical reasons.
FAMLI: A Colorado state program that offers paid leave benefits for similar family and medical reasons.

Eligibility Criteria

FMLA: Employees can take FMLA leave if they have worked for a covered employer for at least 12 months, have put in 1,250 hours of service in the 12 months prior to taking leave, and work at a location with 50 or more employees within 75 miles.
FAMLI: Employees can take paid FAMLI leave if they have worked for you for at least 180 days and have earned at least $2,500 in wages during that time. These wages must be subject to FAMLI premiums. This program is designed to be inclusive, covering most workers in the state, including part-time and full-time employees.

Duration of Leave

FMLA: Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period, provided they are taking leave for a qualifying reason. They can also take up to 26 weeks for military caregiver leave.
FAMLI: Colorado’s FAMLI program provides additional benefits in terms of leave duration. Specifically, employees can take 12 weeks of paid leave, provided they meet the required criteria. In addition, if an employee experiences pregnancy or childbirth complications, they can request an additional 4 weeks of leave (up to a maximum of 16 weeks of paid leave in total)

Leave Types

Both the FMLA and Colorado’s FAMLI program cover leave for personal health issues, care for family members, the birth or adoption of a child, and military-related exigencies. FAMLI also includes additional types of leave, such as safe leave for victims of domestic violence, stalking, or sexual assault.

Financial Benefits

FMLA: The FMLA guarantees job protection to an employee who is returning to work after taking leave. However, it does not include wage replacement (leave is unpaid).
FAMLI: Colorado’s FAMLI program offers partial wage replacement to an employee who has taken leave. The specific amount they receive will depend on their average weekly wage.

Job Protection

FMLA: Guarantees the same or an equivalent position when an employee returns to work after taking leave.
FAMLI: The program works in conjunction with the FMLA in terms of job protection (specific job protection provisions are governed by the FMLA).

Family and Medical Leave Act in Colorado: Resources

Here are some valuable resources that can help you manage the Family and Medical Leave Act in Colorado:

And here are a few essential articles that can help you further understand your obligations as an employer in Colorado in terms of employee leave:

FMLA By State

Finally, here is some essential further reading about the impact of the FMLA in other states. This might be helpful if your company has locations outside of Colorado or if you are thinking of relocating your business:

Family and Medical Leave Act in Colorado: FAQs

1. Who is eligible for FMLA leave in Colorado?

Employees who have worked for a covered employer for at least 12 months. Employees must also have 1,250 hours of service in the past 12 months. Plus, they must work at a location with 50 or more employees within 75 miles.

2. How does Colorado’s FAMLI program differ from the FMLA?

Colorado’s FAMLI program offers paid leave benefits. The FMLA, in turn, only offers unpaid, job-protected leave. Both programs have their own eligibility criteria.

3. Can I take FMLA leave to care for a grandparent in Colorado?

Under federal FMLA, leave is not usually offered for caring for a grandparent. The only exception is if the employee in question is legally recognized in loco parentis. However, under the Colorado Family Care Act, employees can take paid leave to care for a grandparent.

4. What are the notice requirements for taking FMLA leave?

Employees must provide 30 days’ advance notice for foreseeable leave where possible. If the leave is unforeseeable, employees should notify their employer as soon as possible.

5. Are FMLA leave benefits in Colorado paid or unpaid?

FMLA leave is unpaid. However, employees in Colorado may be eligible for paid leave under the FAMLI program.

6. How long can I take FMLA leave in Colorado?

Eligible employees can take up to 12 weeks of FMLA leave in a 12-month period for most qualifying reasons. They can also take up to 26 weeks military caregiver leave.

And that’s it!

Still got questions? Don’t worry, we’ve got your back. Just drop us a comment here. One of our HR Specialists will get back to you as soon as possible.

Family and Medical Leave Act in Colorado (FMLA): How Does It Work?