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Home > Employment > Family and Medical Leave
Family & Medical Leave Claims Attorneys
in Denver and throughout Colorado and Wyoming
Generally, FMLA applies to employers who have more than 50 employees. FMLA applies to both male and female employees and permits leave for the certain qualifying reasons defined in the statute. These reasons include: caring for a new born or newly adopted child; caring for a spouse, child or parent with a serious medical condition; or the employee's own serious health condition.
Generally, the employee is entitled to take 12 weeks of unpaid leave in any calendar year. The leave may be taken intermittently, by working a reduced schedule or by taking a complete leave.
When the leave is foreseeable, such as a scheduled medical procedure or the birth of a child, the employee must give 30 days' notice. If the leave is not foreseeable, then notice must be given as soon as practicable. Written notice is generally preferred, but verbal notice is adequate. The employer may require medical certification of the need for FMLA leave, if the reason for the leave is a serious health condition.
The employer may require the employee to exhaust all available paid leave, such as vacation, sick leave or personal time off (PTO) to substitute for all of the FMLA leave. An employee is not entitled to accrue certain employee benefits during a FMLA leave, but employers must pay health benefits during any FMLA leave, as if the employee were still working. An employee cannot receive unemployment compensation during a FMLA leave, even if it is unpaid in its entirety.
Whether you are an employer or an employee, if you have questions about family and medical leave Burg Simpson can help you. To speak with one of our experienced employment lawyers about FMLA, please call or email us today for a free consultation.
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