Family Medical Leave Act (FMLA)

FMLA and State Family Medical Leave

The FMLA entitles eligible employees who work for covered employers to take unpaid, job-protected leave in a defined 12-month period for specified family and medical reasons. Under the FMLA, eligible employees are entitled up to 480 hours of family medical leave (FML). In addition, the employees are eligible for state family medical leave up to another 40 hours subsequent to FML.

Leave Tracking under the FMLA and State Family Medical Leave

Currently, the State of Colorado provides eligible employees with up to 480 hours of FML and up to 40 hours of state family medical leave based on a "rolling" 12-month period measured backward from the date an employee begins using FMLA leave. Employees who have one year of State service get up to 160 hours of Paid FMLA leave (PFML) to use for a qualified FMLA reason.

Qualifying for FMLA

FML and state family medical leave is granted for:

  • Birth of a child and must be completed within one year of the birth.
  • Placement and care of an adopted or foster child and must be completed within one year of the placement.
  • Serious health condition of a parent, child, spouse, or self. Child for health-related FMLA is defined the same as under sick leave (under 18 or over 18 if incapable of self-care due to a physical or mental disability at the time leave is to commence).
  • Employee's own serious health condition.
  • Active duty (military) family leave for a member of the Armed Forces (including the National Guard or Reserves) deployed to a foreign country.
  • Military caregiver leave for a spouse, parent, or child or next of kin who suffered a serious injury or illness in the line of duty while on active duty. Military caregiver leave also covers employees whose parent, child, spouse, or next of kin is a veteran undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including the National Guard or Reserves) at any time during the 5-year period preceding the date on which the veteran underwent service-related medical treatment, recuperation, or therapy.


If you are a private employer or work for a private employer in the State of Colorado and have questions regarding FMLA please contact the Department of Labor Wage & Hour Division at 720-264-3250.

The information contained on this website is intended for the State of Colorado's Government employees. If you are a State of Colorado Government employee and have questions regarding FMLA, please contact your agency's Human Resources office or FMLA coordinator or contact dhr_consultingservices@state.co.us