Title 8, Labor and Industry

(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…

(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…

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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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…

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…

(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…

(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…

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.…

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.

The short title of this part 1 is the "Workplace Accommodations for Nursing Mothers Act". Source: L. 2008: Entire article added, p. 328, § 1, effective August 5. L. 2021: Entire section amended, (SB 21-087), ch. 337, p. 2185, § 10, effective June 25.

(1) The general assembly hereby finds, determines, and declares that: (a) The American academy of pediatrics recommends breastfeeding exclusively for the first six months of an infant's life and has continuously endorsed breastfeeding for at least one year or longer as the optima…

As used in this part 1, unless the context otherwise requires: (1) "Employer" means a person engaged in business who has one or more employees. "Employer" includes the state and any political subdivision of the state. (2) "Reasonable efforts" means any effort that would not impos…

(1) An employer shall provide reasonable unpaid break time or permit an employee to use paid break time, meal time, or both, each day to allow the employee to express breast milk for her nursing child for up to two years after the child's birth. (2) The employer shall make reason…

As used in this part 2, unless the context otherwise requires: (1) "Agricultural employer" has the same meaning set forth in section 8-3-104 (1). (2) "Agricultural employment" means employment in any service or activity included in section 203 (f) of the federal "Fair Labor Stand…

(1) (a) An employer shall not interfere with an agricultural worker's reasonable access to visitors at the agricultural worker's employer-provided housing during any time when the agricultural worker is present at such housing. (b) (I) An employer shall not interfere with an agri…

(1) The director of the division shall promulgate rules that require agricultural employers to protect agricultural workers from heat-related stress illnesses and injuries when the outside temperatures reach eighty degrees or higher, with discretion to adjust requirements based o…

(1) An aggrieved agricultural worker, a whistleblower, or a key service provider who was unable to access an agricultural worker due to a violation of this part 2 may: (a) Commence an action in district court against an agricultural employer for a violation of this part 2; or (b)…

(1) On or before April 1, 2022, the director of the division shall establish the agricultural work advisory committee, referred to in this section as the "advisory committee". The advisory committee consists of nine members as follows: (a) The director of the division shall appoi…

The short title of this part 2 is the "Colorado Veterans' Service-to-career Program". Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 659, § 1, effective August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1502, § 1, effective July 1.

(1) The general assembly finds, determines, and declares that the pilot program enacted in House Bill 16-1267, which created the Colorado veterans' service-to-career pilot program that authorized nonprofit agencies to partner with work force centers selected by the department to …

As used in this part 2, unless the context otherwise requires: (1) "Act" means the federal "Workforce Innovation and Opportunity Act", Pub.L. 113-128. (2) "Apprenticeship" means an apprenticeship training program registered with the United States department of labor's office of a…

(1) One or more work force centers selected by the department pursuant to the grant program developed by the department in subsection (4) of this section may contract with a nonprofit agency to administer the program. Work force centers selected by the department and the nonprofi…

The general assembly may annually appropriate money from the general fund created in section 24-75-201 to the department to be used for the program. The department may use up to five percent of any money appropriated by the general assembly for development and administrative cost…

This part 2 is repealed, effective September 1, 2027. Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 662, § 1, effective August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1507, § 6, effective July 1. L. 2023: Entire section amended, (SB 23-302),…

As used in this article 14.4, unless the context otherwise requires: (1) "Acclimatized" means the body's adaptation to work in the heat or cold as the body is exposed to heat or cold gradually over time, which reduces the strain caused by heat stress or cold stress and reduces th…

(1) Legislative declaration. The general assembly finds and declares that: (a) Climate change is exacerbating the effects of extreme weather events, including extreme heat, extreme cold, drought, and wildfire in Colorado; (b) Since 2011, Colorado has made it a priority to track t…

(1) A principal shall not discriminate, take adverse action, or retaliate against any worker based on the worker, in good faith, raising any reasonable concern about workplace violations of government health or safety rules, or about an otherwise significant workplace threat to h…

(1) A principal shall post notice of a worker's rights under this article 14.4 in a conspicuous location on the principal's premises. (2) The division shall promulgate rules to establish the form of the notice required in subsection (1) of this section. Source: L. 2020: Entire ar…

(1) A person may seek relief for a violation of this article 14.4 by: (a) Filing a complaint with the division pursuant to section 8-14.4-105; or (b) Bringing an action in district court pursuant to section 8-14.4-106. (2) A person shall exhaust administrative remedies pursuant t…

(1) (a) Within two years after an alleged violation of this article 14.4, an aggrieved individual or whistleblower may file a complaint against a principal with the division as specified in this subsection (1). (b) Until the date the division makes a complaint form publicly avail…

(1) An aggrieved individual may, within ninety days after exhausting administrative remedies pursuant to section 8-14.4-105, commence an action in district court against a principal for a violation of this article 14.4. (2) A court may order affirmative relief that the court dete…

(1) As used in this section, "whistleblower" means a worker with knowledge of an alleged violation of this article 14.4, or the worker's representative. (2) (a) A whistleblower who has exhausted the administrative remedies pursuant to section 8-14.4-105 may bring a civil action a…

The division may promulgate rules necessary to implement this article 14.4. Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1356, § 1, effective July 11.

(1) During a public health emergency, in addition to the other protections and rights afforded to workers, a principal engaged in agricultural employment shall: (a) (I) Except as provided in subsection (1)(a)(II) of this section, provide each worker living in employer-provided ho…

This article shall be known and may be cited as the "Workers' Compensation Cost Containment Act". Source: L. 89: Entire article added, p. 376, § 1, effective July 1. L. 90: Entire section amended, p. 556, § 4, effective July 1.

The general assembly hereby finds and declares that any adjustments to premiums for workers' compensation insurance be granted on the basis of equity, rate adequacy, fairness, and insurer compliance with Colorado insurance rating laws. The general assembly further finds and decla…

As used in this article, unless the context otherwise requires: (1) "Approved program" means a cost containment or risk management program approved by the board. (2) "Board" means the workers' compensation cost containment board established pursuant to section 8-14.5-104. (3) "Ce…

(1) (a) There is created in the division the workers' compensation cost containment board, to be composed of seven members as follows: (I) The commissioner of insurance; (II) The chief executive officer of Pinnacol Assurance; and (III) Five members appointed by the governor and c…

(1) The board shall have the following powers and duties: (a) To establish model cost containment and risk management programs for selected classifications in the upper ten percent of the insurance rate schedule under the Colorado workers' compensation insurance program; (b) To a…