Family and Medical Leave
The Family and Medical Leave Act (FMLA) entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons.
- FMLA runs concurrently with other applicable paid leaves (sick/annual/injury/STD, LWOP)
- Typically, sick leave (subject to regular sick leave provisions) and annual leave (unless receiving STD) must be used before an employee can be placed on unpaid leave during FML
- Requires the employee be returned to the same position or an equivalent position after taking the leave including pay, employment benefits, and terms and conditions
The State provides for up to thirteen (13) weeks, which is calculated on a "rolling" 12-month period measured backward from the date an employee uses any FMLA leave. Leave may be taken for specific circumstances:
- Birth or Adoption and the placement of a child in foster care
- Care for the employee’s spouse, son or daughter (under 18), or parent who has a serious health condition
- Serious health condition of the employee
- FML Poster (Spanish)
Employee rights and responsibilities under the Family and Medical Leave Act
- State Personnel Rights & Responsibilities
- GINA Safe Harbor Statement - Employee
- GINA Safe Harbor Statement - Family Member
Genetic Information Nondiscrimination Act of 2008
- Requesting FMLA - Checklist for State Classifed Employees
Please provide this checklist to your employees when FMLA is initiated.
- Tracking Spreadsheet for State Classified Employees
- FMLA Presentation - 7/14/15
- Family Medical Leave Information
Colorado State Personnel System
- HR Manual, Section 3
The 13-week FMLA leave entitlement (prorated for employees who are less than full-time) is calculated on a "rolling" 12-month period measured backward from the date an employee uses any FMLA leave; the remaining leave would be the balance which has not been used during the immediately preceding 12 months.
It is the responsibility of the department to:
- Determine if leave is for a FML qualifying reason.
- Notify employee that leave may be eligible for FML within five (5) business days of the request for leave, or the date you acquire knowledge that the employee's leave may be FMLA eligible.
- Maintain records and documents relating to medical certifications of employees created for FMLA purposes as confidential medical records in separate files/records from the usual personnel files.
- Send copies of FMLA information to Human Resources - Benefits Unit.
- Provide a Fitness to Return Certification if an absence is more than 30 days for the employee’s own condition per State Rule 5-9.
The Family and Medical Leave Act was amended in January 2009 to include Military Family Leave and the State provides for up to thirteen weeks of leave for additional circumstances.