Human Resource Blog

Colorado Job Security Under FMLA

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Is there any federal or state law that requires a Colorado employer to “hold a job open” for an employee on FMLA?

After FMLA leave, Colorado employees have to be returned to either their regular job, or another position that offers equal benefits, working conditions, and wages.

The federal Family and Medical Leave Act of 1993, or FMLA, makes this a requirement for employers throughout the United States.

The FMLA does not, however, specifically require employers to hold jobs open for workers who are out on this type of leave.

What happens while an employee is on FMLA leave is something that is left up to each individual employer. The federal law does not address that particular issue. FMLA does protect the job of an employee who must take up to 12 weeks of unpaid, job-protected leave for certain purposes.

Certain states including California, Colorado, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin have family leave laws that may change the situation, in that state.

So, while Bill is out on FMLA leave, his employer is completely free to fill that void any way that the employer sees fit. It is usually a matter of necessity for companies to do so during the extended absence of any worker.

Filling the void of workers who are missing due to FMLA leave can be done in a number of ways. In lots of cases, employers choose to hire temporary workers to cover the period that an employee is scheduled to be out. These short-term workers are used to working at temporary positions, and understand that their job will only last as long as the “regular” employee is on leave.

An alternative would be for a Colorado employer to hire an additional permanent worker, with the new worker understanding that his or her position will change upon the return of the worker who is on FMLA leave.

There is an easy way to fill the void when there are multiple workers performing the same job functions. When one has to go on leave, the others can simply fill in for the missing worker until his or her return to work. JH