- Home
- Books and Journals
- Colorado Bar Association
- The Practitioner's Guide to Colorado Employment Law 2022 (CBA)
- Chapter 6 The Family and Medical Leave Act
Chapter 6 - § 6.8 • LEAVE
Jurisdiction | Colorado |
The FMLA provides for a total of 12 weeks of unpaid leave during any 12-month period (except in the case of leave to care for a covered servicemember with a serious injury or illness incurred during active duty, where up to 26 weeks is provided. See § 6.8.6). 29 U.S.C. § 2612(a)(1); 29 C.F.R. § 825.200. The 12-month period is not limited to a calendar year. The employer may instead choose (1) any fixed 12-month period such as an employee's anniversary date or a fiscal year; (2) a 12-month period measured forward from the date an employee's FMLA leave is first taken; or (3) a 12-month period measured backward from the date leave is used. 29 C.F.R. § 825.200.
Any employer who seeks to change to any method of computing the 12-month period is required to give at least 60 days' notice to all employees. Further, the transition must occur in a manner which permits the employee to retain the full benefit of 12 weeks of leave under whichever method affords the greatest benefit to the employee. During the 60-day notice period, an employee needing FMLA leave may use the option providing the most beneficial outcome to that employee. At the conclusion of the 60-day period, the employer may implement the new method of calculation. 29 C.F.R. § 825.200(d)(1).
§ 6.8.1—Substitution Of Paid Leave For Unpaid Leave Provided By FMLA
If an employer has a policy providing for paid leave, an employee may substitute accrued paid leave for unpaid FMLA leave. Any conditions or limitations on the use of the accrued paid leave will apply to any request to substitute paid leave so long as such conditions or limitations are non-discriminatory. For example, if an employer's policy provides that accrued paid sick leave may be used solely for the employee's sickness, then any accrued paid sick leave need not be provided to an employee who utilizes FMLA leave to care for a child. After the employee exhausts the paid leave, any additional weeks remaining out of the 12 weeks of leave under the FMLA may be unpaid. An employer may require an employee to substitute any accrued paid vacation leave, personal leave, or family leave of the employee for any part of the 12-week FMLA leave. 29 U.S.C. § 2612(d); 29 C.F.R. § 825.207.
§ 6.8.2—Intermittent Leave
When leave is taken because of a serious health condition of either the employee or the employee's family member, intermittent or reduced leave may be taken if medically necessary. 29 U.S.C. § 2612(b)(1). Unless an employer agrees, an employee is not entitled to take intermittent or reduced leave for the birth or adoption of a child. 29 U.S.C. § 2612(b)(1); 29 C.F.R. § 825.202(c). A pregnant employee may take intermittent leave for prenatal examinations or her own condition, such as morning sickness. 29 C.F.R. § 825.202(b)(1).
An employee's use of intermittent leave shall be calculated using the shortest time period used by the employer's payroll to account for absences so long as the time period is one hour or less. 29 C.F.R. § 825.205. If, for instance, an employer tracks other employee absences in half-hour increments, then any intermittent leave utilized will be accrued in half-hour increments...
To continue reading
Request your trial- The Practitioner's Guide to Colorado Employment Law 2022 (CBA)
- Chapter 6 The Family and Medical Leave Act
- Chapter 6 - CHAPTER 6 THE FAMILY AND MEDICAL LEAVE ACT
- Chapter 6 - § 6.2 • WHAT EMPLOYERS ARE COVERED BY THE FMLA?
- Chapter 6 - § 6.1 • IN GENERAL
- Chapter 6 - § 6.3 • WHAT EMPLOYEES ARE ELIGIBLE FOR LEAVE?
- Chapter 6 - § 6.4 • LEAVE FOR THE BIRTH, ADOPTION, OR PLACEMENT INTO A FOSTER HOME OF A CHILD
- Chapter 6 - § 6.5 • WHAT IS A QUALIFYING SERIOUS HEALTH CONDITION?
- Chapter 6 - § 6.6 • WHO IS A SON, DAUGHTER, SPOUSE, PARENT, OR NEXT OF KIN OF A COVERED SERVICE MEMBER?
- Chapter 6 - § 6.7 • WHO IS A HEALTH CARE PROVIDER?
- Chapter 6 - § 6.8 • LEAVE
- Chapter 6 - § 6.9 • EMPLOYEE'S NOTICE REQUIREMENTS
- Chapter 6 - § 6.10 • EMPLOYER'S NOTICE REQUIREMENTS
- Chapter 6 - § 6.11 • EMPLOYER'S RECORD-KEEPING REQUIREMENTS
- Chapter 6 - § 6.12 • REINSTATEMENT TO FORMER OR EQUIVALENT POSITION
- Chapter 6 - § 6.13 • BENEFIT CONTINUATION
- Chapter 6 - § 6.14 • EXEMPTIONS FOR KEY EMPLOYEES
- Chapter 6 - § 6.15 • CERTIFICATION REQUIREMENTS
- Chapter 6 - § 6.16 • FMLA PROHIBITS INTERFERENCE, RETALIATION, OR DISCRIMINATION
- Chapter 6 - § 6.17 • REMEDIES FOR VIOLATIONS OF THE FMLA
- Chapter 6 - § 6.18 • WHO MAY BE LIABLE FOR VIOLATIONS?
- Chapter 6 - § 6.19 • STATES' IMMUNITY FROM CIVIL SUIT
- Chapter 6 - § 6.20 • FMLA ACCRUAL FOR UNIFORMED SERVICE MEMBERS
- Chapter 6 - § 6.21 • USEFUL RESOURCES
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.