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Colorado employment disputes: FMLA denial

Certain employers in Colorado and elsewhere are required by law to allow employees to take leaves of absence to tend to various family matters. The Family and Medical Leave Act was passed just for this reason. What happens, though, if one's FMLA request is wrongfully denied by one's employer? Those who are victims of employment disputes of this nature may have legal recourse.

Who is covered under the FMLA? Federal, state and local employees are covered, as are those who work in private sector positions -- if their companies employ 50 or more people and they work for at least 20 weeks in a calendar year. To be eligible for the FMLA benefit, one must work for a covered employer for at least 12 months before applying for leave. There must also be a valid reason to request the leave.

The FMLA does not cover everything. There are very specific reasons for which leave may be granted. These include:

  • Birth of a child
  • Adoption of a child
  • Death of a family member
  • Development of a serious health problem
  • Care for a family member with a health issue

Denial of an FMLA request that meets all the necessary requirements is against the law, and an employer who does this will find him or herself facing some serious legal trouble. Colorado residents who are dealing with employment disputes regarding FMLA benefits can seek assistance from an experienced attorney. With legal counsel at one's side, steps can be taken to seek compensation for any damages experienced from the wrongful denial of an FMLA benefit.

Source: dol.gov, "The Family and Medical Leave Act", Accessed on May 4, 2017

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