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Colorado Leave of Absence (FMLA): What you need to know

Some states have laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness, but Colorado does not have such a law for private employers. However, most Colorado employers with 50 or more employees will be covered by the federal Family and Medical Leave Act (FMLA).
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There are separate rules for state employees (CO Code Reg. Tit. 4 Sec. 801 Rule P-5-24et seq.). To be eligible, an employee must have 1 year of total state service as of the date leave will begin. Such service is time on the payroll, regardless of employee type, and need not be consecutive time. Temporary employees must also have worked 1,250 hours within the 12 months before the date leave will begin. Time worked includes overtime hours and paid leave (but not any type of unpaid leave). Eligible employees are entitled to 520 hours of family leave in a fiscal year. If a part-time employee works an irregular, variable schedule, the amount of leave is prorated on the basis of the average number of hours worked in the 12 weeks before the beginning of the leave (rounded to the nearest 1/100 of a hour). Any extension of leave beyond the amount entitled to is not family and medical leave (FML) and is subject to other provisions in these chapters. Requiring an employee to use more FML than needed is not permitted. The leave may be used for the birth and care of a child (must be completed within 1 year of the birth); placement and care of an adopted or foster child (must be completed within 1 year of the placement); the serious health condition of an employee's parent, child, or spouse for physical ...

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