Yes, you can use FMLA again for a baby with disabilities, even if you have already used FMLA for maternity leave in the same year, as long as you haven’t exhausted your total FMLA entitlement of 12 weeks within a 12-month period. Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to 12 weeks of unpaid leave per year for various qualifying reasons, including the birth and care of a newborn child and to care for a child with a serious health condition, which includes disabilities.

I also want to point out that In Colorado, starting in 2024, you may also be eligible for additional leave under the Colorado Family and Medical Leave Insurance (FAMLI) Act. The FAMLI Act provides paid leave benefits for qualifying reasons, such as caring for a family member with a serious health condition, including a child with disabilities. Employees are entitled to up to 12 weeks of paid leave, with an additional 4 weeks available for pregnancy or childbirth complications, for a total of 16 weeks. The FAMLI leave can be used in conjunction with FMLA, but it does not extend the 12-week entitlement under FMLA.

This means that if you’ve exhausted your 12 weeks of FMLA but still have FAMLI benefits available, you could potentially use the FAMLI leave for paid time off to care for your child with disabilities.

You can calculate your potential FAMLI benefits here. If you would like to learn more about Robinson & Henry's employment practice and how we can help please call us at (303) 688-0944.