Legal Question in Medical Leave in Colorado

Re: who is covered

I don't practice in Colorado, but I don't think it has a state correlative law. So the Federal Act is what governs. Under it, I think the employer is wrong. See 29 CFR 825.116(b) and (c), which read as follows:

"29 CFR 825.116 - What does it mean that an employee is ``needed to care for'' a family member?

Section Number: 825.116

Section Name: What does it mean that an employee is ``needed to care for'' a family member?

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(a) The medical certification provision that an employee is ``needed to care for'' a family member encompasses both physical and psychological care. It includes situations where, for example, because

of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic, or nutritional needs or safety, or is unable to transport himself or herself to the doctor, etc. The term also includes providing psychological comfort and reassurance which

would be beneficial to a child, spouse or parent with a serious health condition who is receiving inpatient or home care.

(b) The term also includes situations where the employee may be needed to fill in for others who are caring for the family member, or to make arrangements for changes in care, such as transfer to a nursing home.

(c) An employee's intermittent leave or a reduced leave schedule necessary to care for a family member includes not only a situation

where the family member's condition itself is intermittent, but also where the employee is only needed intermittently--such as where other

care is normally available, or care responsibilities are shared with another member of the family or a third party."

If you otherwise qualify, inform your employer of this Federal Regulation issued the the Dept. of Labor to interpret the Federal Act.