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Colorado Statutes, Title 8

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Title 8, Labor and Industry

0 chapters · 960 sections in this title.

All chapters in Title 8960 Ch 2082 Ch 4365 Ch 8355 Ch 7049 Ch 13.347 Ch 239 Ch 137 Ch 4231 Ch 430 Ch 4130 Ch 4624 Ch 323 Ch 622 Ch 4422

47 sections·Filtered byTitle 8✕Ch 13.3✕

Colo. Rev. Stat. § 8-13.3-201 Short title
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This part 2 shall be known and may be cited as the "Family Care Act". Source: L. 2013: Entire part added, (HB 13-1222), ch. 157, p. 508, §1, effective August 7.
Colo. Rev. Stat. § 8-13.3-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) "Civil union" has the same meaning as set forth in section 14-15-103 (1), C.R.S. (2) "Employee" means a person employed by an employer and who is eligible for FMLA leave. (3) "Employer" has the same meaning as set…
Colo. Rev. Stat. § 8-13.3-203 Family and medical leave - state requirements
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(1) In addition to the leave to which an employee is entitled under the FMLA, an employee in this state is entitled to FMLA leave to care for a person who has a serious health condition, as that term is defined in the FMLA, if the person: (a) Is the employee's partner in a civil …
Colo. Rev. Stat. § 8-13.3-204 Enforcement
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If an employer denies an employee in this state FMLA leave to care for a person described in section 8-13.3-203 who is not a person for whom the employee would be entitled to leave under the FMLA, or interferes with an employee's exercise of or attempt to exercise his or her righ…

Colo. Rev. Stat. § 8-13.3-205 Repeal of part

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This part 2 is repealed if the United States congress enacts and the president signs federal legislation amending the FMLA to permit employees to use FMLA leave for all persons described in section 8-13.3-203. The executive director of the department of labor and employment shall…

Colo. Rev. Stat. § 8-13.3-401 Short title

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The short title of this part 4 is the "Healthy Families and Workplaces Act". Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1443, § 1, effective July 14.

Colo. Rev. Stat. § 8-13.3-402 Definitions

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As used in this part 4, unless the context otherwise requires: (1) "Director" means the director of the division. (2) "Division" means the division of labor standards and statistics in the department of labor and employment created in section 8-1-103. (3) "Domestic abuse" has the…

Colo. Rev. Stat. § 8-13.3-403 Paid sick leave - accrual - carry forward to subsequent year - comparable leave provided by employer - no payment for unused leave - rules

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(1) (a) All employees working in Colorado have the right to paid sick leave as specified in this part 4. (b) Repealed. (c) Effective January 1, 2022, each employer shall provide each employee paid sick leave as provided in this section. (2) (a) Each employee earns at least one ho…

Colo. Rev. Stat. § 8-13.3-404 Use of paid sick leave - purposes - time increments

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(1) An employer shall allow an employee to use the employee's accrued paid sick leave to be absent from work when: (a) The employee: (I) Has a mental or physical illness, injury, or health condition that prevents the employee from working; (II) Needs to obtain a medical diagnosis…

Colo. Rev. Stat. § 8-13.3-405 Additional paid sick leave during a public health emergency

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(1) In addition to paid sick leave accrued under section 8-13.3-403, on the date a public health emergency is declared, each employer in the state shall supplement each employee's accrued paid sick leave as necessary to ensure that an employee may take the following amounts of pa…

Colo. Rev. Stat. § 8-13.3-406 Paid sick leave related to COVID-19

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(1) Employers in the state shall comply with the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act", Pub.L. 116-127. (2) On and after July 14, 2020, through December 31, 2020, each employer in the state, regardless of size, shall provide paid…

Colo. Rev. Stat. § 8-13.3-407 Employee rights protected - retaliation prohibited

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(1) An employee is entitled to: (a) Use paid sick leave consistent with this part 4; (b) File a complaint or inform any person about an employer's alleged violation of this part 4; (c) Cooperate with the division in its investigation of an alleged violation of this part 4; and (d…

Colo. Rev. Stat. § 8-13.3-408 Notice to employees - penalty - rules

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(1) Each employer shall notify its employees that they are entitled to paid sick leave, pursuant to rules promulgated by the division. The rules must require the notice to: (a) Specify the amount of paid sick leave to which employees are entitled and the terms of its use under th…

Colo. Rev. Stat. § 8-13.3-409 Employer records

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(1) An employer shall retain records for each employee for a two-year period, documenting hours worked, paid sick leave accrued, and paid sick leave used. Upon appropriate notice and at a mutually agreeable time, the employer shall allow the division access to the records for pur…

Colo. Rev. Stat. § 8-13.3-410 Authority of director - rules

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The director may coordinate implementation and enforcement of this part 4 and adopt rules as necessary for such purposes. Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1453, § 1, effective July 14.

Colo. Rev. Stat. § 8-13.3-411 Enforcement - judicial review of director's actions

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(1) The director and the division have jurisdiction over the enforcement of this part 4 and may exercise all powers granted under article 1 of this title 8 to enforce this part 4. (2) The division may enforce the requirements of this part 4. (3) Pursuant to section 8-1-130, any f…

Colo. Rev. Stat. § 8-13.3-412 Confidentiality of employee information - definition

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(1) An employer shall not require disclosure of details relating to domestic violence, sexual assault, or stalking or the details of an employee's or an employee's family member's health information as a condition of providing paid sick leave under this part 4. (2) Any health or …

Colo. Rev. Stat. § 8-13.3-413 Employers encouraged to provide more generous paid sick leave

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(1) Nothing in this part 4 discourages or prohibits an employer from adopting or continuing a paid sick leave policy that is more generous than the paid sick leave policy required by this part 4. (2) Nothing in this part 4 diminishes: (a) The obligation of an employer to comply w…

Colo. Rev. Stat. § 8-13.3-414 Other legal requirements applicable

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(1) This part 4 provides minimum requirements pertaining to paid sick leave and does not preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for a greater amount, accrual, or use by employees of paid s…

Colo. Rev. Stat. § 8-13.3-415 Collective bargaining agreements

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(1) (a) With agreement of the fund trustees, an employer signatory to a multiemployer collective bargaining agreement may fulfill its obligations under this part 4 by making contributions to a multiemployer paid sick leave fund, plan, or program based on the hours each of its emp…

Colo. Rev. Stat. § 8-13.3-416 Employer policies

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An employer policy adopted or retained must not diminish an employee's right to paid sick leave under this part 4. Any agreement by an employee to waive the employee's rights under this part 4 is void as against public policy. Source: L. 2020: Entire part added, (SB 20-205), ch. …

Colo. Rev. Stat. § 8-13.3-417 Severability

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If any provision of this part 4 or application thereof to any person or circumstance is judged invalid, the invalidity does not affect other provisions or applications of this part 4 that can be given effect without the invalid provision or application, and to this end the provis…

Colo. Rev. Stat. § 8-13.3-418 Employer authorized to take disciplinary action

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Nothing in this part 4 prohibits an employer from taking disciplinary action against an employee who uses paid sick leave provided under this part 4 for purposes other than those described in this part 4. Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1456, § 1, eff…

Colo. Rev. Stat. § 8-13.3-501 Short title

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This part 5 shall be known and may be cited as the "Paid Family and Medical Leave Insurance Act". Source: Initiated 2020: Entire part added, Proposition 118, L. 2021, p. 4225, effective upon proclamation of the Governor, December 31, 2020.

Colo. Rev. Stat. § 8-13.3-502 Purposes and findings

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The people of the state of Colorado hereby find and declare that: (1) Workers in Colorado experience a variety of personal and family caregiving obligations, but it can be difficult or impossible to adequately respond to those needs without access to paid leave. (2) Access to pai…

Colo. Rev. Stat. § 8-13.3-503 Definitions

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As used in this part 5, unless the context otherwise requires: (1) "Application year" means the 12-month period beginning on the first day of the calendar week in which an individual files an application for family and medical leave insurance benefits. (2) "Average weekly wage" m…

Colo. Rev. Stat. § 8-13.3-504 Eligibility

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Beginning January 1, 2024, an individual has the right to take paid family and medical leave, and to receive family and medical leave insurance benefits while taking paid family and medical leave, if the individual: (1) Meets the definition of "covered individual" under section 8…

Colo. Rev. Stat. § 8-13.3-505 Duration

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(1) The maximum number of weeks for which a covered individual may take paid family and medical leave and for which family and medical leave insurance benefits are payable for any purpose, or purposes in aggregate, under section 8-13.3-504 (2) in an application year is twelve wee…

Colo. Rev. Stat. § 8-13.3-506 Amount of benefits - portability

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(1) The amount of family and medical leave insurance benefits shall be determined as follows: (a) The weekly benefit shall be determined as follows: (I) The portion of the covered individual's average weekly wage that is equal to or less than 50 percent of the state average weekl…

Colo. Rev. Stat. § 8-13.3-507 Premiums - rules

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(1) Payroll premiums shall be authorized in order to finance the payment of family and medical leave insurance benefits under this part 5, and administration of the family and medical leave insurance program. (2) Notwithstanding the advance payment of premiums set forth in sectio…

Colo. Rev. Stat. § 8-13.3-508 Division of family and medical leave insurance

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(1) There is hereby created in the department of labor and employment the division of family and medical leave insurance, the head of which is the director of the division. (2) (a) The division constitutes an enterprise for purposes of section 20 of article X of the Colorado cons…

Colo. Rev. Stat. § 8-13.3-509 Leave and employment protection

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(1) Any covered individual who has been employed with the covered individual's current employer for at least 180 days prior to the commencement of the covered individual's paid family and medical leave who exercises the covered individual's right to family and medical leave insur…

Colo. Rev. Stat. § 8-13.3-510 Coordination of benefits

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(1) (a) Leave taken with wage replacement under this part 5 that also qualifies as leave under the "Family and Medical Leave Act", as amended, Pub.L. 103-3, codified at 29 U.S.C. sec. 2601 et. seq., or part 2 of article 13.3 of title 8 runs concurrently with leave taken under the…

Colo. Rev. Stat. § 8-13.3-511 Notice

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The division shall develop a program notice that details the program requirements, benefits, claims process, payroll deduction requirements, the right to job protection and benefits continuation under section 8-13.3-509, protection against retaliatory personnel actions or other d…

Colo. Rev. Stat. § 8-13.3-512 Appeals

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(1) The director shall establish a system for administrative review and determination of claims, and appeal of such determinations, including denial of family and medical leave insurance benefits. In establishing such system, the director may utilize any and all procedures and ap…

Colo. Rev. Stat. § 8-13.3-513 Erroneous payments and disqualification for benefits

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(1) A covered individual is disqualified from family and medical leave insurance benefits for one year if the individual is determined by the director to have willfully made a false statement or misrepresentation regarding a material fact, or willfully failed to report a material…

Colo. Rev. Stat. § 8-13.3-514 Elective coverage

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(1) An employee of a local government that has declined participation in the program pursuant to section 8-13.3-522 or a self-employed person, including an independent contractor, sole proprietor, partner or joint venturer, may elect coverage under this part 5 for an initial peri…

Colo. Rev. Stat. § 8-13.3-515 Reimbursement of advance payments

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(1) Except as provided in section 8-13.3-515 (2), if an employer has made advance payments to an employee that are equal to or greater than the amount required under this part 5, during any period of paid family and medical leave for which such employee is entitled to the benefit…

Colo. Rev. Stat. § 8-13.3-516 Family and medical leave insurance program

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(1) By January 1, 2023, the division shall establish and administer a family and medical leave insurance program and begin collecting premiums as specified in this part 5. By January 1, 2024, the division shall start receiving claims from and paying family and medical leave insur…

Colo. Rev. Stat. § 8-13.3-517 Income tax

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(1) If the internal revenue service determines that family and medical leave insurance benefits under this part 5 are subject to federal income tax, the division or a private plan approved under section 8-13.3-521 shall inform an individual filing a new claim for family and medic…

Colo. Rev. Stat. § 8-13.3-518 Family and medical leave insurance fund - establishment and investment

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(1) There is hereby created in the state treasury the family and medical leave insurance fund. The fund consists of premiums paid pursuant to section 8-13.3-507, revenues from revenue bonds issued in accordance with section 8-13.3-508 (2)(d), and money transferred pursuant to sub…

Colo. Rev. Stat. § 8-13.3-519 Reports

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Notwithstanding section 24-1-136 (11)(a)(I), beginning January 1, 2025, the division shall submit a report to the legislature by April 1 of each year that includes, but is not limited to, projected and actual program participation by section 8-13.3-504 (2) purpose, gender of bene…

Colo. Rev. Stat. § 8-13.3-520 Public education

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By July 1, 2022, and for as long as the program continues, the division shall develop and implement outreach services to educate the public about the family and medical leave insurance program and availability of paid family and medical leave and benefits under this part 5 for co…

Colo. Rev. Stat. § 8-13.3-521 Substitution of private plans

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(1) Employers may apply to the division for approval to meet their obligations under this part 5 through a private plan. In order to be approved, a private plan must confer all of the same rights, protections and benefits provided to employees under this part 5, including, but no…

Colo. Rev. Stat. § 8-13.3-522 Local government employers' ability to decline participation in program - rules

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(1) A local government may decline participation in the family and medical leave insurance program in the form and manner determined by the director by rule. (2) An employee of a local government that has declined participation in the program in accordance with this section may e…

Colo. Rev. Stat. § 8-13.3-523 Severability

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If any provision of this part 5 or its application to any person or circumstance is held invalid, the remainder of part 5 or the application of the provision to other persons or circumstances is not affected. Source: Initiated 2020: Entire part added, Proposition 118, L. 2021, p.…

Colo. Rev. Stat. § 8-13.3-524 Effective date

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This part 5 takes effect upon official declaration of the governor and is self-executing. Source: Initiated 2020: Entire part added, Proposition 118, L. 2021, p. 4244, effective upon proclamation of the Governor, December 31, 2020.