In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also 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.
Expanded rights under the Family Care Act. Colorado does not have a specific FMLA equivalent; however, the state Family Care Act (FCA) provides additional leave entitlements beyond federal law through its extension of leave to additional family members not otherwise covered by the FMLA.
Specifically, the FCA provides that employees who are otherwise eligible for family and medical leave under the federal FMLA may take up to 12 weeks of unpaid leave in a 12-month period to care for “any person who has a serious health condition and to whom the employee is related by blood, adoption, legal custody, marriage, or civil union, or with whom the employee is involved in a committed, live-in relationship.” (CO Rev. Stat. 8-13.3-201 et seq.)
This definition includes several family members not otherwise covered by the federal definition—for example, domestic partners, children of any age, siblings, grandparents, and in-law relationships.
If an employee qualifies for leave to care for a family member covered by the FCA, but not covered by the federal law, this leave may not run concurrently with the federal FMLA.
Thus, an employee who takes leave to care for a family member protected only by the FCA may be entitled to up to 24 weeks of leave in a 12–month period (12 under the state FCA and 12 under federal law).
Family and medical leave—public employers. There are separate family and medical leave rules ...