Legal Question in Medical Leave in Colorado

Re: Friend May Lose JOB

Under the FMLA (Family and Medical Leave Act) a covered employer (one who has 50 or more employees)must grant an eligible employee up to 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons:

* for the birth and care of the newborn child of the employee;

* for placement with the employee of a son or daughter for adoption or foster care;

* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

* to take medical leave when the employee is unable to work because of a serious health condition

The definition of "serious health condition" is rather lengthy but you may read it for yourself at the Department of Labor website: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.114.htm

You will find a wealth of information at that site including FAQ and the actual regulations from the CFR (Code of Federal Regulations).

Since the employer has already granted the 12 weeks required by law your friend may have already exhausted his benefits for that 12 month period. Have him check with human resources to see if there any other benefits available that would allow him to remain off work longer.

Rex Curtis Bush, Attorney

www.utah-personal-injury-attorney.com