Colorado Leave of Absence (FMLA) laws & HR compliance analysis

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

On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) published emergency rules, known as the Colorado Health Emergency Leave with Pay (“Colorado HELP”/”HELP”), that temporarily require employers in certain industries to provide a small amount of paid sick leave (PSL) to employees with flu-like symptoms while awaiting COVID-19 test results.
For more in-depth information concerning the Colorado HELP requirements, please visit
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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, ...

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