Chapter 6 - § 6.1 • IN GENERAL

• Jurisdiction: Colorado

§ 6.1 • IN GENERAL

The Family and Medical Leave Act (FMLA) provides up to 12 weeks of job-protected, unpaid leave to any "eligible employee" who:

1) Suffers from a serious medical condition;
2) Has a family member who needs care for a serious medical condition; or
3) Will have a child born, placed, or adopted into the family.

Leave of varying lengths may also be granted to an eligible employee who (1) has a family member with any qualifying exigency arising from the family member's covered active duty or on call to active duty status in the Armed Forces, or (2) is a caregiver for a veteran. 29 U.S.C. § 2612(a)(1) and (3); 29 C.F.R. §§ 825.100(a), .124, .125, and .127.

While the employee is on FMLA leave, a covered employer must continue any group insurance coverage previously provided to the employee on the same terms and conditions as if the employee were not on leave. 29 U.S.C. § 2614(c)(1). Upon returning from FMLA leave, an employee is to be reinstated to the employee's former position or an equivalent position. 29 U.S.C. § 2614(a).

Further, an eligible employee of a covered employer may take job-protected, unpaid leave, or substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 26 workweeks in a single 12-month period to care for a covered service member with a serious injury or illness. 29 U.S.C. § 2612(a)(3); 29 C.F.R. § 825.100(a).

§ 6.1.1—Veterans, Exigency Leave For Military Members And Airline Flight Crew Employees

Regulations effective March 8, 2013 focused primarily on the expanded coverage granted in 2008 and 2009 for military caregiver leave for veterans and...