C.R.S. § 8-13.3-201 Short title
8-13.3-201. Short title. This part 2 shall be known and may be cited as the "Family Care Act".
Family and Medical Leave
C.R.S. tit. 8, art. 13.3
in effectC.R.S. § 8-13.3-202 Definitions
8-13.3-202. Definitions. 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 forth in the FMLA.
(4) "FMLA" means the federal "Family and Medical Leave Act of 1993", Pub.L. 103-3, as amended, 29 U.S.C. sec. 2601 et seq.
(5) "FMLA leave" means leave from work and all benefits authorized by the FMLA.
C.R.S. § 8-13.3-203 Family and medical leave - state requirements
8-13.3-203. Family and medical leave - state requirements. (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 union, as defined in section 14-15-103 (5), C.R.S.; or
(b) Is the employee's domestic partner and:
(I) Has registered the domestic partnership with the municipality in which the person resides or with the state, if applicable; or
(II) Is recognized by the employer as the employee's domestic partner.
(2) (a) For purposes of confirming an employee's relationship to a person described in subsection (1) of this section for whom the employee is requesting FMLA leave, the employer may require the employee to provide reasonable documentation or a written statement of family relationship, in accordance with the FMLA.
(b) An employer may require an employee seeking FMLA leave for a person described in subsection (1) of this section to submit the same certification as the employer may require under the FMLA.
(3) FMLA leave taken by an employee pursuant to this section runs concurrently with leave taken under the FMLA, and this section does not:
(a) Increase the total amount of leave to which an employee is entitled during a twelve-month period under the FMLA, this section, or both; and
(b) Preclude an employer from granting an employee an amount of leave that exceeds the total amount of leave to which the employee is entitled during a twelve-month period under the FMLA.
C.R.S. § 8-13.3-204 Enforcement
8-13.3-204. Enforcement. 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 right to FMLA leave for persons described in section 8-13.3-203, the employer is subject to damages and equitable relief as specified in the FMLA. An aggrieved employee may bring an action in state court against the employer to recover damages or equitable relief.
C.R.S. § 8-13.3-205 Repeal of part
8-13.3-205. Repeal of part. 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 notify the revisor of statutes, in writing, if the condition specified in this section occurs.
C.R.S. § 8-13.3-301 Legislative declaration
8-13.3-301. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Colorado is a family-friendly state, and providing the workers of Colorado with family and medical leave insurance will encourage an entrepreneurial atmosphere and economic growth and promote a healthy business climate;
(b) The United States is the only industrialized nation in the world that does not mandate access to paid leave benefits. Simultaneously, nearly half of Americans live paycheck to paycheck and are unable to access two thousand dollars in the event of an emergency.
(c) This part 3 prepares for the implementation of a paid family and medical leave program in the state by completing a thorough analysis of paid family and medical leave programs by experts in the field, the establishment of a family and medical leave implementation task force, and actuarial and third-party studies;
(d) As specified in this part 3:
(I) The timeline for the analysis and implementation of a statewide paid family and medical leave program is as follows:
(A) By July 1, 2019, appointing authorities are required to make their appointments to the task force;
(B) By October 1, 2019, the department is required to provide the task force with the results of a third-party study and paid family and medical leave plan recommendations from the experts in the field, and the task force is required to accept and consider public comment regarding the administration and establishment of a paid family and medical leave program;
(C) By November 1, 2019, the task force shall make its initial recommendation on a family and medical leave program for employees in the state and provide the recommendation to an actuary contracted by the department;
(D) By December 1, 2019, an independent actuarial analysis must be completed and submitted to the task force;
(E) By January 8, 2020, the task force shall report its final recommendation on a paid family and medical leave program for all employees in the state;
(II) The timeline may also be assumed as follows:
(A) By July 1, 2020, the family and medical leave program will be established;
(B) By January 1, 2022, the public education and outreach campaign will begin;
(C) By January 1, 2023, the family and medical leave program funding will begin; and
(D) By January 1, 2024, the family and medical leave program will start paying benefits;
(e) The intent of this part 3 is to assist in the preparation of legislation in the 2020 legislative session establishing a paid family and medical leave program in the state.
C.R.S. § 8-13.3-302 Definitions
8-13.3-302. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Department" means the department of labor and employment.
(2) "Executive director" means the executive director of the department.
(3) "Task force" means the family and medical leave implementation task force created in section 8-13.3-304 (1).
C.R.S. § 8-13.3-303 Department to perform analyses
8-13.3-303. Department to perform analyses. (1) (a) The department shall analyze the feasibility of contracting with a third party to administer parts of a paid family and medical leave program for all employees in the state as an alternative to state administration of all aspects of such a program. In determining whether a third party should administer parts of a paid family and medical leave program, the department shall consider whether doing so would be cost-effective, in the short term and in the long term for both the state and covered individuals, and lead to more efficient program administration and benefit management while assuring quality, worker experience, affordability, coverage, and program accountability, as compared to if the state administers all aspects of the program.
(b) In fulfilling the requirements of this subsection (1), the department shall make a request for information from third parties that may be willing to administer single or multiple parts of a paid family and medical leave program. The requests for information pursuant to this subsection (1)(b) must solicit information from third parties that includes, but is not limited to, the third party's:
(I) Prior experience with paid family and medical leave insurance or providing monetary benefits in Colorado related to employees taking leave from work due to serious health conditions, parental bonding, or other family and medical leave purposes;
(II) Commitment to affirmative action, diversity, equity, and inclusion policies;
(III) Language access experience and cultural competency; and
(IV) Current or expected employee pay rates and benefits.
(c) Any study pursuant to this section must consider:
(I) The estimated difference in administrative costs charged by third parties as compared to a state-run paid family and medical leave program;
(II) The estimated difference in claims processing speeds;
(III) The state's costs to oversee any third-party administration, including costs to conduct annual audits and review regular reports from the third party;
(IV) The ability of a third party to satisfy necessary worker privacy and confidentiality requirements;
(V) The ability of a third party to access existing state data or to effectively interface with the department's systems and information;
(VI) The potential costs and challenges associated with terminating a third-party contract due to quality or compliance concerns following implementation of the program, as well as the feasibility of timely substituting administration by the state or a different third party without a disruption in benefits and administration; and
(VII) A timeline that presumes a paid family and medical leave program that is established by July 1, 2020; begins public education and outreach on January 1, 2022; establishes the funding stream on January 1, 2023; and starts paying benefits on January 1, 2024.
y of timely substituting administration by the state or a different third party without a disruption in benefits and administration; and
(VII) A timeline that presumes a paid family and medical leave program that is established by July 1, 2020; begins public education and outreach on January 1, 2022; establishes the funding stream on January 1, 2023; and starts paying benefits on January 1, 2024.
(d) The department's study must specifically address the effect of using a third-party administrator on the following aspects of a paid family and medical leave program:
(I) Claims appeals and administrative enforcement;
(II) Premium rate setting and collection of premiums;
(III) Approval and oversight of private plans, if applicable; and
(IV) Management of elective coverage of employees who may not be included in the program.
(2) (a) (I) The department shall contract with at least three experts in the field of paid family and medical leave selected by the task force. The experts must be local and national experts:
(A) With demonstrated experience studying the health, economic, and social benefits of access to paid leave; the cost and economic impact of paid leave; and the drafting and implementation of paid family and medical leave programs at the state level; and
(B) Who have some familiarity with cross-state comparisons.
(II) The department shall commission a report from the experts under contract with the department pursuant to this subsection (2)(a) on the establishment of a paid family and medical leave program for employees in the state. The recommendations must specify the parameters that ensure that a program:
(A) Is affordable for the lowest-wage workers;
(B) Is equitable across workers of all incomes and classifications;
(C) Is accessible particularly to workers least likely to have access to paid leave today;
(D) Is adequate; and
(E) Includes a minimum duration of leave that meets evidence-based standards and wage replacement that is sufficient to allow the lowest-wage workers to participate.
(b) The recommendations must review, evaluate, and assess at least the following elements, without limitation:
(I) The purposes of the leave, including serious illness, caring for a loved one with a serious illness, bonding with a new child, and needs arising from military deployment and the effects of domestic violence, stalking, and sexual assault;
(II) Self-employed workers' access to paid family and medical leave and a mechanism to allow self-employed workers to participate;
(III) Eligibility to take leave;
(IV) The definition of family or family member for whom an individual may take leave for purposes of providing care;
(V) Job protection and other employment protections, including their effect on an individual's ability to take leave;
(VI) The duration of leave;
(VII) The amount of the wage replacement;
(VIII) The maximum weekly wage replacement amount;
(IX) The program funding structure;
(X) Program implementation;
(XI) The role of third-party vendors on program sustainability;
(XII) The solvency of a paid family and medical leave fund under various models;
(XIII) The portability of paid family and medical leave benefits;
(XIV) The sustainability of a paid family and medical leave program;
(XV) How a paid family and medical leave program would interact with other benefits; and
(XVI) A timeline that presumes a paid family and medical leave program that is established by July 1, 2020; begins education and outreach on January 1, 2022; establishes the funding stream on January 1, 2023; and starts paying benefits on January 1, 2024.
(3) No later than October 1, 2019:
(a) The department shall provide the task force created in section 8-13.3-304 with:
(I) The results of the third-party study conducted pursuant to subsection (1) of this section; and
(II) The paid family and medical leave plan report from experts commissioned in accordance with subsection (2) of this section; and
and starts paying benefits on January 1, 2024.
(3) No later than October 1, 2019:
(a) The department shall provide the task force created in section 8-13.3-304 with:
(I) The results of the third-party study conducted pursuant to subsection (1) of this section; and
(II) The paid family and medical leave plan report from experts commissioned in accordance with subsection (2) of this section; and
(b) The department of public health and environment shall provide the task force with a report detailing the health benefits related to paid family and medical leave.
(4) The department shall contract for the services of a qualified private actuary to perform an actuarial study of the initial recommendation for a family and medical leave program created by the task force pursuant to section 8-13.3-304 (8)(b). The actuarial study shall be provided to the task force no later than December 1, 2019.
C.R.S. § 8-13.3-304 Family and medical leave implementation task force
8-13.3-304. Family and medical leave implementation task force. (1) There is hereby created in the department the family and medical leave implementation task force.
(2) The task force consists of the following members:
(a) Three members who are workers or represent an organization that represents workers' interests in paid family and medical leave, each of whom shall be appointed from a list of at least three names submitted by a recognized statewide organization that promotes workers' rights;
(b) Three members who are private employers with a range of business size and experience in providing employees with paid family and medical leave, each of whom shall be appointed from a list of at least three names submitted by a recognized statewide organization of employers;
(c) One member who is a representative of a state policy organization that works on issues of economic opportunity;
(d) One member who is a private insurer with experience in administering temporary disability or family and medical leave insurance benefits;
(e) One member who represents a state policy organization that works on health advocacy;
(f) One labor economist with demonstrated research or expertise in studying paid family and medical leave and labor standards, and the data necessary to do so;
(g) One member who is a representative of a statewide domestic violence organization;
(h) One member who is a professional from a recognized institution of higher education and who has expertise in studying paid family and medical leave;
(i) One member who is a representative of organized labor; and
(j) Two nonvoting members, one of whom must represent the department.
(3) The members of the task force are appointed as follows:
(a) The governor shall appoint one member;
(b) The speaker of the house of representatives shall appoint four members;
(c) The president of the senate shall appoint four members;
(d) The house minority leader shall appoint two members;
(e) The senate minority leader shall appoint two members;
(f) The executive director shall appoint one nonvoting member; and
(g) The executive director of the department of personnel shall appoint one nonvoting member.
(4) (a) The appointing authorities shall make the appointments to the task force no later than July 1, 2019.
(b) In making the appointments, the appointing authorities shall ensure that the appointments reflect communities of color, rural communities, and historically underutilized businesses, as defined in section 24-49.5-105 (4).
(c) The department shall assist and coordinate the appointing authorities to ensure that members appointed to the task force pursuant to subsection (3) of this section meet the membership requirements specified in subsection (2) of this section.
(5) Each member of the task force serves at the pleasure of the appointing authority.
(6) Each member of the task force serves without compensation but is entitled to receive reimbursement for actual and necessary expenses the member incurs in the performance of the member's duties as a member of the task force.
(7) (a) The member appointed by the executive director shall call the first meeting of the task force.
(b) The task force shall elect a chair from among its voting members.
(8) (a) No later than September 1, 2019, the task force shall accept and consider public comment regarding the administration and establishment of a paid family and medical leave program in the state. The task force shall receive public comment for a minimum of thirty days.
(b) No later than November 1, 2019, the task force shall make an initial recommendation on a family and medical leave program for employees in the state and provide the recommendation to the actuary contracted by the department pursuant to section 8-13.3-303 (4). In making the recommendation, the task force shall consider the information it receives pursuant to section 8-13.3-303 (3).
hirty days.
(b) No later than November 1, 2019, the task force shall make an initial recommendation on a family and medical leave program for employees in the state and provide the recommendation to the actuary contracted by the department pursuant to section 8-13.3-303 (4). In making the recommendation, the task force shall consider the information it receives pursuant to section 8-13.3-303 (3).
(c) No later than January 8, 2020, after consideration of the actuarial analysis performed on the task force's initial recommendation, the task force shall report its final recommendation on a paid family and medical leave program for all employees in the state, along with the third-party administration study made pursuant to section 8-13.3-303 (1), and the actuarial study made pursuant to section 8-13.3-303 (4) to:
(I) The senate committees on finance and business, labor, and technology, or their successor committees;
(II) The house of representatives committees on finance and business affairs and labor, or their successor committees; and
(III) The governor.
(d) Recommendations made by the task force pursuant to this subsection (8) should attempt to meet a timeline that presumes a paid family and medical leave program that is established by July 1, 2020; begins education and outreach on January 1, 2022; establishes the funding stream on January 1, 2023; and starts paying benefits on January 1, 2024.
(9) Upon request by the task force, the department shall provide office space, equipment, and staff services as may be necessary to implement this section.
C.R.S. § 8-13.3-305 Paid family and medical leave program implementation authorization
8-13.3-305. Paid family and medical leave program implementation authorization. The department shall not implement the recommended plan for a paid family and medical leave program unless the general assembly, acting by bill, directs the department to implement the program. If the department is directed to implement the plan, it shall begin implementation by a date specified by the general assembly acting by bill.
C.R.S. § 8-13.3-401 Short title
8-13.3-401. Short title. The short title of this part 4 is the "Healthy Families and Workplaces Act".
C.R.S. § 8-13.3-402 Definitions
8-13.3-402. Definitions. 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 meaning set forth in section 13-14-101 (2).
(4) "Employee" has the meaning set forth in section 8-4-101 (5). "Employee" does not include an "employee" as defined in 45 U.S.C. sec. 351 (d) who is subject to the federal "Railroad Unemployment Insurance Act", 45 U.S.C. sec. 351 et seq.
(5) (a) "Employer" has the meaning set forth in section 8-4-101 (6); except that the term includes the state and its agencies or entities, counties, cities and counties, municipalities, school districts, and any political subdivisions of the state.
(b) "Employer" does not include the federal government.
(6) "Family member" means:
(a) An employee's immediate family member, as defined in section 2-4-401 (3.7);
(b) A child to whom the employee stands in loco parentis or a person who stood in loco parentis to the employee when the employee was a minor; or
(c) A person for whom the employee is responsible for providing or arranging health- or safety-related care.
(7) "Harassment" has the meaning set forth in section 18-9-111.
(8) (a) (I) "Paid sick leave" means time off from work that is:
(A) Compensated at the same hourly rate or salary and with the same benefits, including health care benefits, as the employee normally earns during hours worked; and
(B) Provided by an employer to an employee for one or more of the purposes described in sections 8-13.3-404 to 8-13.3-406.
(II) As used in subsection (8)(a)(I)(A) of this section:
(A) "Same hourly rate or salary" under this part 4 does not include overtime, bonuses, or holiday pay.
(B) For employees paid on a commission basis only, "same hourly rate or salary" means a rate of no less than the applicable minimum wage.
(C) For employees paid an hourly, weekly, or monthly wage and also paid on a commission basis, "same hourly rate or salary" means the rate of pay equivalent to the employee's hourly, weekly, or monthly wage or the applicable minimum wage, whichever is greater.
(b) "Paid sick leave" is "wages" as defined in section 8-4-101 (14).
(9) "Public health emergency" means:
(a) An act of bioterrorism, a pandemic influenza, or an epidemic caused by a novel and highly fatal infectious agent, for which:
(I) An emergency is declared by a federal, state, or local public health agency; or
(II) A disaster emergency is declared by the governor; or
(b) A highly infectious illness or agent with epidemic or pandemic potential for which a disaster emergency is declared by the governor.
(10) "Retaliatory personnel action" means:
(a) The denial of any right guaranteed under this part 4; or
, for which:
(I) An emergency is declared by a federal, state, or local public health agency; or
(II) A disaster emergency is declared by the governor; or
(b) A highly infectious illness or agent with epidemic or pandemic potential for which a disaster emergency is declared by the governor.
(10) "Retaliatory personnel action" means:
(a) The denial of any right guaranteed under this part 4; or
(b) Any adverse action against an employee for exercising any right guaranteed in this part 4, including:
(I) Any threat, discipline, discharge, suspension, demotion, reduction of hours, or reporting or threatening to report an employee's suspected citizenship or immigration status or the suspected citizenship or immigration status of a family member of the employee to a federal, state, or local agency; or
(II) Any sanctions against an employee who is the recipient of public benefits for rights guaranteed under this part 4; or
(III) Interference with or punishment for participating in or assisting, in any manner, an investigation, proceeding, or hearing under this part 4.
(11) "Sexual assault" has the meaning set forth in section 18-3-402.
(12) "Successor employer" means an employing unit, whether or not an employing unit at the time of acquisition, that becomes an employer subject to this part 4 because it acquires all of an organization, a trade, or a business or substantially all of the assets of one or more employers subject to this part 4.
(13) "Year" means a regular and consecutive twelve-month period as determined by an employer; except that, for the purposes of section 8-13.3-411, "year" means a calendar year.
C.R.S. § 8-13.3-403 Paid sick leave - accrual - carry forward to subsequent year - comparable leave provided by employer - no payment for unused leave - rules
8-13.3-403. Paid sick leave - accrual - carry forward to subsequent year - comparable leave provided by employer - no payment for unused leave - rules. (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 hour of paid sick leave for every thirty hours worked by the employee; except that an employee is not entitled under this section to earn or use more than forty-eight hours of paid sick leave each year, unless the employer selects a higher limit. An employer may satisfy the accrual requirements of this section by providing the employee with an amount of paid sick leave that meets or exceeds the requirements of this section at the beginning of the year. Nothing in this section discourages or prohibits an employer from providing paid sick leave that accrues at a faster or more generous rate than required by this section. This subsection (2)(a) does not limit the ability of an employee to use paid sick leave as provided in section 8-13.3-405.
(b) Nothing in this part 4 precludes an employer from providing employees more paid sick leave than the amounts specified in this subsection (2).
(c) An employee who is exempt from overtime required in section 8-6-111 (4) accrues paid sick leave based on the assumption that the employee works forty hours per week. If the employee's normal workweek consists of fewer than forty hours, the employee accrues paid sick leave based upon the number of hours that comprise the employee's normal workweek.
(3) (a) An employee begins to accrue paid sick leave when employment with the employer begins and may use accrued paid sick leave as it is accrued.
(b) Up to forty-eight hours of paid sick leave that an employee accrues in a year but does not use carries forward to, and may be used in, a subsequent year; except that an employer is not required to allow the employee to use more than forty-eight hours of paid sick leave in a year.
(4) An employer that has a paid leave policy for its employees may satisfy the requirements of this section and section 8-13.3-405 and is not required to provide additional paid sick leave to its employees if the employer:
(a) Makes available to its employees, through its paid leave policy, an amount of paid leave sufficient to satisfy section 8-13.3-405 and meet the accrual requirements of subsection (2)(a) of this section; and
(b) Allows its employees to use the paid leave for the same purposes and under the same conditions as those applicable to paid sick leave under this part 4.
(5) (a) Except as specified in subsection (5)(b) of this section, and notwithstanding section 8-4-101 (14)(a)(IV), nothing in this section requires an employer to provide financial or other reimbursement of unused paid sick leave to an employee upon termination, resignation, retirement, or other separation from employment; except that an individual may recover paid sick leave as a remedy for a retaliatory personnel action that prevented the individual from using paid sick leave.
ng section 8-4-101 (14)(a)(IV), nothing in this section requires an employer to provide financial or other reimbursement of unused paid sick leave to an employee upon termination, resignation, retirement, or other separation from employment; except that an individual may recover paid sick leave as a remedy for a retaliatory personnel action that prevented the individual from using paid sick leave.
(b) If an employee separates from employment and is rehired by the same employer within six months after the separation, the employer shall reinstate any paid sick leave that the employee had accrued but not used during the employee's previous employment with the employer and that had not been converted to monetary compensation to the employee at the time of separation from employment.
(6) An employer may loan paid sick leave to an employee in advance of accrual of paid sick leave by the employee.
(7) If an employee is transferred to a separate division, entity, or location but remains employed by the same employer, the employee is entitled to all paid sick leave accrued at the prior division, entity, or location and is entitled to use all paid sick leave as provided in this section.
(8) If a successor employer succeeds an original employer, all employees of the original employer who remain employed by the successor employer are entitled to all paid sick leave that the employees accrued when employed by the original employer and are entitled to use previously accrued paid sick leave as specified in section 8-13.3-404.
(9) The division shall promulgate rules regarding compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis.
C.R.S. § 8-13.3-404 Use of paid sick leave - purposes - time increments
8-13.3-404. Use of paid sick leave - purposes - time increments. (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, care, or treatment of a mental or physical illness, injury, or health condition;
(III) Needs to obtain preventive medical care; or
(IV) Needs to grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member;
(b) The employee needs to care for a family member who:
(I) Has a mental or physical illness, injury, or health condition;
(II) Needs to obtain a medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or
(III) Needs to obtain preventive medical care;
(c) The employee or the employee's family member has been the victim of domestic abuse, sexual assault, or harassment and the use of leave is to:
(I) Seek medical attention for the employee or the employee's family member to recover from a mental or physical illness, injury, or health condition caused by the domestic abuse, sexual assault, or harassment;
(II) Obtain services from a victim services organization;
(III) Obtain mental health or other counseling;
(IV) Seek relocation due to the domestic abuse, sexual assault, or harassment; or
(V) Seek legal services, including preparation for or participation in a civil or criminal proceeding relating to or resulting from the domestic abuse, sexual assault, or harassment;
(d) Due to a public health emergency, a public official has ordered closure of:
(I) The employee's place of business; or
(II) The school or place of care of the employee's child and the employee needs to be absent from work to care for the employee's child;
(e) The employee needs to care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the closure of the family member's school or place of care; or
(f) The employee needs to evacuate the employee's place of residence due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the need to evacuate the employee's residence.
(2) An employer shall allow an employee to use paid sick leave upon the request of an employee. The request may be made orally, in writing, electronically, or by any other means acceptable to the employer. When possible, the employee shall include the expected duration of the absence. An employer may provide a written policy that contains reasonable procedures for the employee to provide notice when the use of paid sick leave taken under this section is foreseeable. An employer shall not deny paid sick leave to the employee based on noncompliance with such a policy.
(3) An employee must use paid sick leave in hourly increments unless the employee's employer allows paid sick leave to be taken in smaller increments of time.
(4) An employer shall not require, as a condition of providing paid sick leave under this part 4, an employee who uses paid sick leave to search for or find a replacement worker to cover the time during which the employee is absent from work.
(5) When the use of paid sick leave taken under this section is foreseeable, the employee shall make a good-faith effort to provide notice of the need for paid sick leave to the employee's employer in advance of the use of the paid sick leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer.
rom work.
(5) When the use of paid sick leave taken under this section is foreseeable, the employee shall make a good-faith effort to provide notice of the need for paid sick leave to the employee's employer in advance of the use of the paid sick leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer.
(6) Notwithstanding section 8-13.3-405 (4)(b), for paid sick leave of four or more consecutive work days, an employer may require reasonable documentation that the paid sick leave is for a purpose authorized by this part 4.
C.R.S. § 8-13.3-405 Additional paid sick leave during a public health emergency
8-13.3-405. Additional paid sick leave during a public health emergency. (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 paid sick leave for the purposes specified in subsection (3) of this section:
(a) For employees who normally work forty or more hours in a week, at least eighty hours;
(b) For employees who normally work fewer than forty hours in a week, at least the greater of either the amount of time the employee is scheduled to work in a fourteen-day period or the amount of time the employee actually works on average in a fourteen-day period.
(2) (a) An employer may count an employee's unused accrued paid sick leave under section 8-13.3-403 toward the supplemental paid sick leave required in subsection (1) of this section.
(b) An employee may use paid sick leave under this section until four weeks after the official termination or suspension of the public health emergency.
(3) An employer shall provide its employees the paid sick leave required in subsection (1) of this section for the following absences related to a public health emergency:
(a) An employee's need to:
(I) Self-isolate and care for oneself because the employee is diagnosed with a communicable illness that is the cause of a public health emergency;
(II) Self-isolate and care for oneself because the employee is experiencing symptoms of a communicable illness that is the cause of a public health emergency;
(III) Seek or obtain medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness that is the cause of a public health emergency;
(IV) Seek preventive care concerning a communicable illness that is the cause of a public health emergency; or
(V) Care for a family member who:
(A) Is self-isolating after being diagnosed with a communicable illness that is the cause of a public health emergency;
(B) Is self-isolating due to experiencing symptoms of a communicable illness that is the cause of a public health emergency;
(C) Needs medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness that is the cause of a public health emergency; or
(D) Is seeking preventive care concerning a communicable illness that is the cause of a public health emergency;
(b) With respect to a communicable illness that is the cause of a public health emergency:
(I) A local, state, or federal public official or health authority having jurisdiction over the location in which the employee's place of employment is located or the employee's employer determines that the employee's presence on the job or in the community would jeopardize the health of others because of the employee's exposure to the communicable illness or because the employee is exhibiting symptoms of the communicable illness, regardless of whether the employee has been diagnosed with the communicable illness; or
(II) Care of a family member after a local, state, or federal public official or health authority having jurisdiction over the location in which the family member's place of employment is located or the family member's employer determines that the family member's presence on the job or in the community would jeopardize the health of others because of the family member's exposure to the communicable illness or because the family member is exhibiting symptoms of the communicable illness, regardless of whether the family member has been diagnosed with the communicable illness;
ment is located or the family member's employer determines that the family member's presence on the job or in the community would jeopardize the health of others because of the family member's exposure to the communicable illness or because the family member is exhibiting symptoms of the communicable illness, regardless of whether the family member has been diagnosed with the communicable illness;
(c) Care of a child or other family member when the individual's child care provider is unavailable due to a public health emergency, or if the child's or family member's school or place of care has been closed by a local, state, or federal public official or at the discretion of the school or place of care due to a public health emergency, including if a school or place of care is physically closed but providing instruction remotely;
(d) An employee's inability to work because the employee has a health condition that may increase susceptibility to or risk of a communicable illness that is the cause of the public health emergency.
(4) Notwithstanding any other provision in this part 4:
(a) An employee shall notify the employee's employer of the need for paid sick leave under this section as soon as practicable when the need for paid sick leave is foreseeable and the employer's place of business has not been closed;
(b) Documentation is not required to take paid sick leave under this section; and
(c) Employees are only eligible for paid sick leave in the amount described in subsection (1) of this section once during the entirety of a public health emergency even if such public health emergency is amended, extended, restated, or prolonged.
C.R.S. § 8-13.3-406 Paid sick leave related to COVID-19
8-13.3-406. Paid sick leave related to COVID-19. (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 sick leave in the amount and for the purposes provided in the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act", Pub.L. 116-127, to each employee who is not covered under the "Emergency Paid Sick Leave Act".
C.R.S. § 8-13.3-407 Employee rights protected - retaliation prohibited
8-13.3-407. Employee rights protected - retaliation prohibited. (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) Inform any person of the person's potential rights under this part 4.
(2) (a) An employer shall not take retaliatory personnel action or discriminate against an employee or former employee because the person has exercised, attempted to exercise, or supported the exercise of rights protected under this part 4, including the right to request or use paid sick leave pursuant to this part 4; the right to file a complaint with the division or court or inform any person about any employer's alleged violation of this part 4; the right to participate in an investigation, hearing, or proceeding or cooperate with or assist the division in its investigations of alleged violations of this part 4; and the right to inform any person of the person's potential rights under this part 4.
(b) It is unlawful for an employer to count paid sick leave taken by an employee pursuant to this part 4 as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other retaliatory personnel action against the employee.
(3) The protections of this section apply to any person acting in good faith who alleges a violation of this part 4, even if the allegation is determined to be mistaken.
(4) The division shall investigate each claim of denial of paid sick leave in violation of this part 4. The division may investigate claims of retaliation in violation of this part 4.
(5) If an investigation of employer retaliation or interference with employee rights yields a determination that:
(a) Rights of multiple employees have been violated, the violation as to each employee is a separate violation for purposes of fines, penalties, or other remedies;
(b) A violation cost an employee the employee's job or pay, the determination may include an order to reinstate the employee, to pay the employee's lost pay until reinstatement or for a reasonable period if reinstatement is determined not to be feasible, or both.
(6) Determinations made by the division under this section are appealable pursuant to section 8-4-111.5 and rules promulgated by the department regarding appeals and strategic enforcement.
C.R.S. § 8-13.3-408 Notice to employees - penalty - rules
8-13.3-408. Notice to employees - penalty - rules. (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 this part 4; and
(b) Notify employees that employers cannot retaliate against an employee for requesting or using paid sick leave and that an employee has the right to file a complaint or bring a civil action if paid sick leave is denied by the employer or the employer retaliates against the employee for exercising the employee's rights under this part 4.
(2) An employer complies with the notice requirements of this section by:
(a) Supplying each employee with a written notice containing the information specified in subsection (1) of this section that is in English and in any language that is the first language spoken by at least five percent of the employer's workforce; and
(b) Displaying a poster created pursuant to subsection (3) of this section in a conspicuous and accessible location in each establishment where the employer's employees work that contains the information required by subsection (1) of this section in English and in any language that is the first language spoken by at least five percent of the employer's workforce.
(3) The division shall create and make available to employers posters and notices that contain the information required by subsection (1) of this section, and employers may use the posters and notices to comply with the requirements of this section.
(4) (a) An employer who willfully violates subsection (2)(a) or (6) of this section is subject to a civil fine not to exceed one hundred dollars for each separate violation.
(b) An employer who willfully violates subsection (2)(b) of this section is subject to a civil fine not to exceed one hundred dollars.
(c) The fines collected under this subsection (4) shall be transmitted to the state treasurer, who shall deposit the fines in the general fund.
(5) If an employer's business is closed due to a public health emergency or a disaster emergency due to a public health concern, the notice and posting requirements of this section are waived for the period during which the place of business is closed.
(6) If an employer does not maintain a physical workplace, or an employee teleworks or performs work through a web-based platform, the employer shall provide the notice required in this section through electronic communication or a conspicuous posting in the web-based platform.
C.R.S. § 8-13.3-409 Employer records
8-13.3-409. Employer records. (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 purposes of monitoring compliance with this part 4.
(2) If an issue arises as to an employee's right to paid sick leave and the employer has not maintained or retained adequate records for that employee or does not allow the division reasonable access to the records, the employer shall be presumed to have violated this part 4 unless the employer demonstrates compliance by a preponderance of the evidence.
C.R.S. § 8-13.3-410 Authority of director - rules
8-13.3-410. Authority of director - rules. The director may coordinate implementation and enforcement of this part 4 and adopt rules as necessary for such purposes.
C.R.S. § 8-13.3-411 Enforcement - judicial review of director's actions
8-13.3-411. Enforcement - judicial review of director's actions. (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 findings, awards, or orders issued by the director with respect to enforcement of this part 4 constitute final agency action, and any person affected by such final agency action may seek judicial review as provided in section 24-4-106.
(4) (a) A person aggrieved by a violation of this part 4 may commence a civil action in district court no later than two years after the violation occurs. A violation of this part 4 occurs on each occasion that a person is affected by a failure to provide paid sick leave or retaliation related to paid sick leave.
(b) (I) Repealed.
(II) Beginning January 1, 2022, an employer who violates this part 4 is liable for back pay and any other relief as provided by section 8-5-104 (2)(a) and (2)(b).
(c) If a civil action is commenced under this section, any party to the civil action may demand a trial by jury.
(d) Before commencing any civil action under this section, an aggrieved person must, in accordance with article 4 of this title 8, submit a complaint to the division or make a written demand for compensation or other relief to the employer. An employer has fourteen days to respond after receiving either a notice from the division that a complaint has been filed with the division or a written demand from the aggrieved person for compensation or other relief under this part 4.
(e) If a person aggrieved by a violation of this part 4 files a civil action to enforce a judgment made under this section, the court shall waive any filing fee required under article 32 of title 13.
(f) Nothing in this section prevents an aggrieved person from filing a charge with the division pursuant to this section.
C.R.S. § 8-13.3-412 Confidentiality of employee information - definition
8-13.3-412. Confidentiality of employee information - definition. (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 safety information possessed by an employer regarding an employee or employee's family member must:
(a) Be maintained on a separate form and in a separate file from other personnel information;
(b) Be treated as confidential medical records; and
(c) Not be disclosed except to the affected employee or with the express permission of the affected employee.
(3) As used in this section, "affected employee" means the employee:
(a) About whom the health information pertains or who is the victim of the domestic abuse, sexual assault, or harassment; or
(b) Whose family member is the subject of the health information or is the victim of the domestic abuse, sexual assault, or harassment.
C.R.S. § 8-13.3-413 Employers encouraged to provide more generous paid sick leave
8-13.3-413. Employers encouraged to provide more generous paid sick leave. (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 with any contract, collective bargaining agreement, employment benefit plan, or other agreement providing employees with a more generous paid sick leave policy than the paid sick leave policy required by this part 4; or
(b) The rights, privileges, or remedies of an employee under a collective bargaining or partnership agreement, employer policy, or employment contract.
(3) Nothing in this part 4 diminishes the rights of public employees regarding paid sick leave or the use of paid sick leave as provided in section 24-50-104 (7).
C.R.S. § 8-13.3-414 Other legal requirements applicable
8-13.3-414. Other legal requirements applicable. (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 sick leave or that extends other protections to employees.
(2) To the extent allowable and not in conflict with federal law, any paid sick leave provided to an employee of a federal contractor as required by federal executive order 13706, "Establishing Paid Sick Leave for Federal Contractors", as published in 81 Fed. Reg. 67598 (2016), is considered paid sick leave provided under this part 4.
C.R.S. § 8-13.3-415 Collective bargaining agreements
8-13.3-415. Collective bargaining agreements. (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 employees accrues pursuant to this part 4 while working under the multiemployer collective bargaining agreement, if the fund, plan, or program enables employees to collect paid sick leave from the fund, plan, or program based on hours they have worked under the multiemployer collective bargaining agreement and for the purposes specified under this part 4.
(b) Employees who work under a multiemployer collective bargaining agreement into which their employers make contributions as provided in subsection (1)(a) of this section may collect from the paid sick leave fund, plan, or program based on hours they have worked under the multiemployer collective bargaining agreement and for the purposes specified under this part 4.
(2) This part 4 does not apply to employees covered by a bona fide collective bargaining agreement in effect on July 14, 2020, if the collective bargaining agreement provides for equivalent or more generous paid sick leave for the employees covered by the collective bargaining agreement.
(3) For employees covered by a bona fide collective bargaining agreement that is initially negotiated or negotiated for the next collective bargaining agreement after July 14, 2020, this part 4 does not apply to such employees if the requirements of this part 4 are expressly waived in the collective bargaining agreement and the collective bargaining agreement provides for equivalent or more generous paid sick leave for the employees covered by the collective bargaining agreement.
C.R.S. § 8-13.3-416 Employer policies
8-13.3-416. Employer policies. 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.
C.R.S. § 8-13.3-417 Severability
8-13.3-417. Severability. 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 provisions of this part 4 are declared severable.
C.R.S. § 8-13.3-418 Employer authorized to take disciplinary action
8-13.3-418. Employer authorized to take disciplinary action. 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.
C.R.S. § 8-13.3-501 Short title
8-13.3-501. Short title. This part 5 shall be known and may be cited as the "Paid Family and Medical Leave Insurance Act".
C.R.S. § 8-13.3-502 Purposes and findings
8-13.3-502. Purposes and findings. 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 paid family and medical leave insurance helps employers in Colorado by reducing turnover, recruiting workers, and promoting a healthy business climate, while also ensuring that smaller employers can compete with larger employers by providing paid leave benefits to their workers through an affordable insurance program.
(3) Paid family and medical leave insurance will also provide a necessary safety net for all Colorado workers when they have personal or family caregiving needs, including low-income workers living paycheck to paycheck who are disproportionately more likely to lack access to paid leave and least able to afford unpaid leave.
(4) Due to the need to provide paid time off to Colorado workers to address family and medical needs, such as the arrival of a new child, military family needs, and a personal or a family member's serious health condition, including the effects of domestic violence and sexual assault, it is necessary to create a statewide paid family and medical leave insurance enterprise and to authorize the enterprise to:
(a) Collect insurance premiums from employers and employees at rates reasonably calculated to defray the costs of providing the program's leave benefits to workers; and
(b) Receive and expend revenues generated by the premiums and other moneys, issue revenue bonds and other obligations, expend revenues generated by the premiums to pay family and medical leave insurance benefits and associated administrative and program costs, and exercise other powers necessary and appropriate to carry out its purposes.
(5) The fiscal approach of this part 5 has been informed by the experience of other state family and medical leave insurance programs, modeling based on the Colorado workforce, and input from a variety of stakeholders in Colorado.
(6) The creation of a statewide paid family and medical leave insurance enterprise is in the public interest and will promote the health, safety, and welfare of all Coloradans, while also encouraging an entrepreneurial atmosphere and economic growth.
C.R.S. § 8-13.3-503 Definitions
8-13.3-503. Definitions. 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" means one-thirteenth of the wages paid during the quarter of the covered individual's base period, as defined in section 8-70-103 (2), or alternative base period, as defined in section 8-70-103 (1.5), in which the total wages were highest. For purposes of calculating average weekly wage, wages include, but are not limited to, salary, wages, tips, commissions, and other compensation as determined by the director by rule.
(3) "Covered individual" means any person who:
(a) (I) Earned at least $2,500 in wages subject to premiums under this part 5 during the person's base period, as defined in section 8-70-103 (2), or alternative base period, as defined in section 8-70-103 (1.5); or
(II) Elects coverage and meets the requirements of section 8-13.3-514;
(b) Meets the administrative requirements outlined in this part 5 and in regulations; and
(c) Submits an application with a claim for benefits pursuant to section 8-13.3-516 (6)(d).
(4) "Director" means the director of the division.
(5) "Division" means the division of family and medical leave insurance created in section 8-13.3-508.
(6) "Domestic violence" means any conduct that constitutes "domestic violence" as set forth in section 18-6-800.3 (1) or section 14-10-124 or "domestic abuse" as set forth in section 13-14-101 (2).
(7) "Employee" means any individual, including a migratory laborer, performing labor or services for the benefit of another, irrespective of whether the common-law relationship of master and servant exists. For the purposes of this part 5, an individual primarily free from control and direction in the performance of the labor or services, both under the individual's contract for the performance of the labor or services and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the labor or services performed is not an "employee." "Employee" does not include an "employee" as defined by 45 U.S.C. section 351 (d) who is subject to the federal "Railroad Unemployment Insurance Act," 45 U.S.C. section 351 et seq.
(8) (a) "Employer" means any person engaged in commerce or an industry or activity affecting commerce that:
(I) Employs at least one person for each working day during each of twenty or more calendar workweeks in the current or immediately preceding calendar year; or
(II) Paid wages of one thousand five hundred dollars or more during any calendar quarter in the preceding calendar year.
(b) "Employer" includes:
(I) A person who acts, directly or indirectly, in the interest of an employer with regard to any of the employees of the employer;
(II) A successor in interest of an employer that acquires all of the organization, trade, or business or substantially all of the assets of one or more employers; and
(III) The state or a political subdivision of the state.
(c) "Employer" does not include the federal government.
(9) "Family and medical leave insurance benefits" or "benefits" means the benefits provided under the terms of this part 5.
(10) "Family and medical leave insurance program" or "program" means the program created in section 8-13.3-516.
(11) "Family member" means:
(a) Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor;
edical leave insurance program" or "program" means the program created in section 8-13.3-516.
(11) "Family member" means:
(a) Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor;
(b) A biological, adoptive or foster parent, stepparent or legal guardian of a covered individual or covered individual's spouse or domestic partner or a person who stood in loco parentis when the covered individual or covered individual's spouse or domestic partner was a minor child;
(c) A person to whom the covered individual is legally married under the laws of any state, or a domestic partner of a covered individual as defined in section 24-50-603 (6.5);
(d) A grandparent, grandchild or sibling (whether a biological, foster, adoptive or step relationship) of the covered individual or covered individual's spouse or domestic partner; or
(e) As shown by the covered individual, any other individual with whom the covered individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.
(12) "Fund" means the family and medical leave insurance fund created in section 8-13.3-518.
(13) "Health-care provider" means any person licensed, certified, or registered under federal or Colorado law to provide medical or emergency services, including, but not limited to, physicians, doctors, nurses, emergency room personnel, and midwives.
(14) "Local government" has the same meaning as set forth in section 29-1-304.5 (3)(b).
(15) "Paid family and medical leave" means leave taken from employment in connection with family and medical leave insurance benefits under this part 5.
(16) "Qualifying exigency leave" means leave based on a need arising out of a covered individual's family member's active duty service or notice of an impending call or order to active duty in the armed forces, including, but not limited to, providing for the care or other needs of the military member's child or other family member, making financial or legal arrangements for the military member, attending counseling, attending military events or ceremonies, spending time with the military member during a rest and recuperation leave or following return from deployment, or making arrangements following the death of the military member.
(17) "Retaliatory personnel action" means denial of any right guaranteed under this part 5, including, but not limited to, any threat, discharge, suspension, demotion, reduction of hours, or any other adverse action against an employee for the exercise of any right guaranteed in this part 5. "Retaliatory personnel action" also includes interference with or punishment for in any manner participating in or assisting an investigation, proceeding, or hearing under this part 5.
(18) "Safe leave" means any leave because the covered individual or the covered individual's family member is the victim of domestic violence, the victim of stalking, or the victim of sexual assault or abuse. Safe leave under this part 5 applies if the covered individual is using the leave from work to protect the covered individual or the covered individual's family member by:
(a) Seeking a civil protection order to prevent domestic violence pursuant to sections 13-14-104.5, 13-14-106, or 13-14-108;
(b) Obtaining medical care or mental health counseling or both for himself or herself or for his or her children to address physical or psychological injuries resulting from the act of domestic violence, stalking, or sexual assault or abuse;
(c) Making his or her home secure from the perpetrator of the act of domestic violence, stalking, or sexual assault or abuse, or seeking new housing to escape said perpetrator; or
care or mental health counseling or both for himself or herself or for his or her children to address physical or psychological injuries resulting from the act of domestic violence, stalking, or sexual assault or abuse;
(c) Making his or her home secure from the perpetrator of the act of domestic violence, stalking, or sexual assault or abuse, or seeking new housing to escape said perpetrator; or
(d) Seeking legal assistance to address issues arising from the act of domestic violence, stalking, or sexual assault or abuse, or attending and preparing for court- related proceedings arising from said act or crime.
(19) "Serious health condition" is an illness, injury, impairment, pregnancy, recovery from childbirth, or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility, or continuing treatment by a health-care provider.
(20) "Sexual assault or abuse" means any offense as described in section 16-11.7-102 (3), or sexual assault, as described in section 18-3-402, committed by any person against another person regardless of the relationship between the actor and the victim.
(21) "Stalking" means any act as described in section 18-3-602.
(22) "State average weekly wage" means the state average weekly wage determined in accordance with section 8-47-106.
C.R.S. § 8-13.3-504 Eligibility
8-13.3-504. Eligibility. 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 8-13.3-503 (3); and
(2) Meets one of the following requirements:
(a) Because of birth, adoption or placement through foster care, is caring for a new child during the first year after the birth, adoption or placement of that child;
(b) Is caring for a family member with a serious health condition;
(c) Has a serious health condition;
(d) Because of any qualifying exigency leave;
(e) Has a need for safe leave.
C.R.S. § 8-13.3-505 Duration
8-13.3-505. Duration. (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 12 weeks; except that benefits are payable up to an additional four weeks to a covered individual with a serious health condition related to pregnancy complications or childbirth complications.
(2) The first payment of benefits shall be made to an individual within two weeks after the claim is filed, and subsequent payments shall be made every two weeks thereafter.
(3) A covered individual may take intermittent leave in increments of either one hour or shorter periods if consistent with the increments the employer typically uses to measure employee leave, except that benefits are not payable until the covered individual accumulates at least eight hours of family and medical leave insurance benefits.
(4) The covered individual shall make a reasonable effort to schedule paid family and medical leave under this part 5 so as not to unduly disrupt the operations of the employer.
(5) In any case in which the necessity for leave under this part 5 is foreseeable, an employee shall provide notice to the individual's employer with not less than 30 days' notice before the date the leave is to begin of the individual's intention to take leave under this part 5. If the necessity for leave is not foreseeable or providing 30 days' notice is not possible, the individual shall provide the notice as soon as practicable.
(6) Nothing in this section entitles a covered individual to more leave than required under this section.
C.R.S. § 8-13.3-506 Amount of benefits - portability
8-13.3-506. Amount of benefits - portability. (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 weekly wage shall be replaced at a rate of 90 percent; and
(II) The portion of the covered individual's average weekly wage that is more than 50 percent of the state average weekly wage shall be replaced at a rate of 50 percent.
(b) The maximum weekly benefit is 90 percent of the state average weekly wage; except that for paid family and medical leave beginning before January 1, 2025, the maximum weekly benefit is 1,100 dollars.
(2) The division shall calculate a covered individual's weekly benefit amount based on the covered individual's average weekly wage, up to the maximum total benefit established in subsection (1)(b) of this section. If a covered individual taking paid family and medical leave from a job continues working at an additional job or jobs during this time, the division shall not consider the covered individual's average weekly wage earned from the additional job or jobs when calculating the covered individual's weekly benefit amount. A covered individual with multiple jobs may elect whether to take leave from one job or multiple jobs.
C.R.S. § 8-13.3-507 Premiums
8-13.3-507. Premiums. (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 section 8-13.3-518 (4)(a), beginning on January 1, 2023, for each employee, an employer shall remit to the fund established under section 8-13.3-518 premiums in the form and manner determined by the division.
(3) (a) From January 1, 2023, through December 31, 2024, the premium amount is nine-tenths of one percent of wages per employee.
(b) For the 2025 calendar year, and each calendar year thereafter, the director shall set the premium based on a percent of employee wages and at the rate necessary to obtain a total amount of premium contributions equal to one hundred thirty-five percent of the benefits paid during the immediately preceding calendar year plus an amount equal to one hundred percent of the cost of administration of the payment of those benefits during the immediately preceding calendar year, less the amount of net assets remaining in the fund as of December 31 of the immediately preceding calendar year. The premium shall not exceed one and two tenths of a percent of wages per employee. The division shall provide public notice in advance of January first of any changes to the premium.
(4) (a) A self-employed individual who elects coverage under section 8-13.3-514 shall pay only 50 percent of the premium required for an employee by section 8-13.3-507 (3) on that individual's income from self-employment.
(b) An employee of a local government who elects coverage under section 8-13.3-514 shall pay only 50 percent of the premium required for an employee by section 8-13.3-507 (3) on that employee's income from that local government employment.
(c) An employee of a local government or a self-employed person who elects coverage under section 8-13.3-514 shall remit the premium amount required by this subsection directly to the division, in the form and manner required by the director by rule.
(5) An employer with 10 or more employees may deduct up to 50 percent of the premium required for an employee by section 8-13.3-507 (3) from that employee's wages and shall remit 100 percent of the premium required by section 8-13.3-507 (3) to the fund. An employer with fewer than 10 employees may deduct up to 50 percent of the premium required for an employee by section 8-13.3-507 (3) from that employee's wages and shall remit 50 percent of the premium required by section 8-13.3-507 (3) to the fund.
(6) Premiums shall not be required for employees' wages above the contribution and benefit base limit established annually by the federal social security administration for purposes of the Federal Old-Age, Survivors, and Disability Insurance program limits pursuant to 42 U.S.C. section 430.
(7) The premiums collected under this part 5 are used exclusively for the payment of Family and medical leave insurance benefits and the administration of the program. Premiums established under this section are fees and not taxes.
(8) An employer with an approved private plan under section 8-13.3-521 shall not be required to remit premiums under this section to the fund.
(9) Notwithstanding section 8-13.3-507 (2), if a local government has declined participation in the program in accordance with section 8-13.3-522:
(a) The local government is not required to pay the premiums imposed in this section or collect premiums from employees who have elected coverage pursuant to section 8-13.3-514; and
(b) An employee of the local government is not required to pay the premiums imposed in this section unless the employee has elected coverage pursuant to section 8-13.3-514.
C.R.S. § 8-13.3-508 Division of family and medical leave insurance
8-13.3-508. Division of family and medical leave insurance. (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 constitution, as long as the division retains authority to issue revenue bonds and the division receives less than ten percent of its total annual revenues in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined. For as long as it constitutes an enterprise pursuant to this section, the division is not subject to section 20 of article X of the Colorado constitution.
(b) The enterprise established pursuant to this section has all the powers and duties authorized by this part 5 pertaining to family and medical leave insurance benefits. The fund constitutes part of the enterprise established pursuant to this section.
(c) Nothing in this section limits or restricts the authority of the division to expend its revenues consistent with this part 5.
(d) The division is hereby authorized to issue revenue bonds for the expenses of the division, which bonds may be secured by any revenues of the division. Revenue from the bonds issued pursuant to this subsection shall be deposited into the fund.
C.R.S. § 8-13.3-509 Leave and employment protection
8-13.3-509. Leave and employment protection. (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 insurance benefits shall be entitled, upon return from that leave, to be restored by the employer to the position held by the covered individual when the leave commenced, or to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. Nothing in this section entitles any restored employee to:
(a) The accrual of any seniority or employment benefits during any period of leave; or
(b) Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. Nothing in this section relieves an employer of any obligation under a collective bargaining agreement.
(2) During any paid family and medical leave taken pursuant to this part 5, the employer shall maintain any health-care benefits the covered individual had prior to taking such leave for the duration of the leave as if the covered individual had continued in employment continuously from the date the individual commenced the leave until the date the family and medical leave insurance benefits terminate. The covered individual shall continue to pay the covered individual's share of the cost of health benefits as required prior to the commencement of the leave.
(3) It is unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this part 5.
(4) An employer, employment agency, employee organization or other person shall not take retaliatory personnel action or otherwise discriminate against a person because the individual exercised rights protected under this part 5. Such rights include, but are not limited to, the right to: request, file for, apply for or use benefits provided for under this part 5; take paid family and medical leave from work under this part 5; communicate to the employer or any other person or entity an intent to file a claim, a complaint with the division or courts, or an appeal; testify or assist in any investigation, hearing or proceeding under this part 5, at any time, including during the period in which the person receives family and medical leave insurance benefits under this part 5; inform any person about any employer's alleged violation of this part 5; and inform any person of his or her rights under this part 5.
(5) It is unlawful for an employer to count paid family and medical leave taken under this part 5 as an absence that may lead to or result in discipline, discharge, demotion, suspension or any other adverse action.
(6) (a) An aggrieved individual under this section may bring a civil action in a court of competent jurisdiction.
(b) An employer who violates this section is subject to the damages and equitable relief available under 29 U.S.C. section 2617 (a)(1).
(c) Except as provided in section 8-13.3-509 (6)(d), a claim brought in accordance with this section must be filed within two years after the date of the last event constituting the alleged violation for which the action is brought.
rt of competent jurisdiction.
(b) An employer who violates this section is subject to the damages and equitable relief available under 29 U.S.C. section 2617 (a)(1).
(c) Except as provided in section 8-13.3-509 (6)(d), a claim brought in accordance with this section must be filed within two years after the date of the last event constituting the alleged violation for which the action is brought.
(d) In the case of such action brought for a willful violation of this section, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought.
(7) The director, by rule, shall establish a fine structure for employers who violate this section, with a maximum fine of $500 per violation. The director shall transfer any fines collected pursuant to this section to the state treasurer for deposit in the fund. The director, by rule, shall establish a process for the determination, Assessment, and appeal of fines under this subsection.
(8) This section does not apply to an employee of a local government that has elected coverage pursuant to section 8-13.3-514.
C.R.S. § 8-13.3-510 Coordination of benefits
8-13.3-510. Coordination of benefits. (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 "Family and Medical Leave Act" or part 2 of article 13.3 of title 8, as applicable.
(b) An employer may require that payment made or paid family and medical leave taken under this part 5 be made or taken concurrently or otherwise coordinated with payment made or leave allowed under the terms of a disability policy, including a disability policy contained within an employment contract, or a separate bank of time off solely for the purpose of paid family and medical leave under this part 5, as applicable. The employer shall give its employees written notice of this requirement.
(c) Notwithstanding section 8-13.3-510 (1)(b), under no circumstances shall an employee be required to use or exhaust any accrued vacation leave, sick leave, or other paid time off prior to or while receiving family and medical leave insurance benefits under this part 5. However, an employee and an employer may mutually agree that the employee may use any accrued vacation leave, sick leave, or other paid time off while receiving family and medical leave insurance benefits under this part 5, unless the aggregate amount a covered individual would receive would exceed the covered individual's average weekly wage. Nothing in this subsection requires an employee to receive or use, or an employer to provide, additional paid time off as described in this subsection.
(2) (a) This part 5 does not diminish:
(I) The rights, privileges, or remedies of an employee under a collective bargaining agreement, employer policy, or employment contract;
(II) An employer's obligation to comply with a collective bargaining agreement, employer policy, or employment contract, as applicable, that provides greater leave than provided under this part 5; or
(III) Any law that provides greater leave than provided under this part 5.
(b) After December 31, 2020, an employer policy adopted or retained shall not diminish an employee's right to benefits under this part 5. Any agreement by an employee to waive the employee's rights under this part 5 is void as against public policy.
(3) The director shall determine by rule the interaction of benefits or coordination of leave when a covered individual is concurrently eligible for paid family and medical leave and benefits under this part 5 with:
(a) Leave pursuant to section 24-34-402.7; or
(b) Workers' compensation benefits under article 42 of title 8.
C.R.S. § 8-13.3-511 Notice
8-13.3-511. Notice. 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 discrimination, and other pertinent program information. Each employer shall post the program notice in a prominent location in the workplace and notify its employees of the program, in writing, upon hiring and upon learning of an employee experiencing an event that triggers eligibility pursuant to section 8-13.3-504. The division shall provide the information required by this section in a manner that is culturally competent and linguistically appropriate.
C.R.S. § 8-13.3-512 Appeals
8-13.3-512. Appeals. (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 appeals mechanisms established under sections 8-4-111.5 (5), 8-74-102, and 8-74-103.
(2) Judicial review of any decision with respect to family and medical leave insurance benefits under this section is permitted in a court of competent jurisdiction after a covered individual aggrieved thereby has exhausted all administrative remedies established by the director. If a covered individual files a civil action in a court of competent jurisdiction to enforce a judgment made under this section, any filing fee under article 32 of title 13 shall be waived.
C.R.S. § 8-13.3-513 Erroneous payments and disqualification for benefits
8-13.3-513. Erroneous payments and disqualification for benefits. (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 fact, to obtain benefits under this part 5.
(2) If family and medical leave insurance benefits are paid erroneously or as a result of willful misrepresentation, or if a claim for family and medical leave insurance benefits is rejected after benefits are paid, the division may seek repayment of benefits from the recipient. The director shall exercise his or her discretion to waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience.
C.R.S. § 8-13.3-514 Elective coverage
8-13.3-514. Elective coverage. (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 period of not less than three years. The self-employed person or employee of a local government must file a notice of election in writing with the director, as required by the division. The election becomes effective on the date of filing the notice. As a condition of election, the self-employed person or employee of a local government must agree to supply any information concerning income that the division deems necessary.
(2) A self-employed person or an employee of a local government who has elected coverage may withdraw from coverage within 30 days after the end of the three-year period of coverage, or at such other times as the director may prescribe by rule, by filing written notice with the director, such withdrawal to take effect not sooner than 30 days after filing the notice.
C.R.S. § 8-13.3-515 Reimbursement of advance payments
8-13.3-515. Reimbursement of advance payments. (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 benefits provided by this part 5, the employer is entitled to be reimbursed by the fund out of any benefits due or to become due for the existing paid family and medical leave, if the claim for reimbursement is filed with the fund prior to the fund's payment of the benefits to the employee.
(2) If an employer that provides family and medical leave insurance benefits through a private plan approved pursuant to section 8-13.3-521 makes 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 benefits provided by this part 5, the entity that issued the private plan shall reimburse the employer out of any benefits due or to become due for the existing paid family and medical leave, if the claim for reimbursement is filed with the entity that issued the private plan prior to the private plan's payment of the benefits under the private plan to the employee.
(3) The director, by rule, shall establish a process for reimbursements under this section.
C.R.S. § 8-13.3-516 Family and medical leave insurance program
8-13.3-516. Family and medical leave insurance program. (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 insurance benefits to covered individuals.
(2) The division shall establish reasonable procedures and forms for filing claims for benefits under this part 5 and shall specify what supporting documentation is necessary to support a claim for benefits, including any documentation required from a health-care provider for proof of a serious health condition and any documentation required by the division with regards to a claim for safe leave.
(3) The division shall notify the employer within five business days of a claim being filed pursuant to this part 5.
(4) The division shall use information sharing and integration technology to facilitate the disclosure of relevant information or records so long as an individual consents to the disclosure as required under state law.
(5) Information contained in the files and records pertaining to an individual under this part 5 are confidential and not open to public inspection, other than to public employees in the performance of their official duties. However, the individual or an authorized representative of an individual may review the records or receive specific information from the records upon the presentation of the individual's signed authorization.
(6) The director shall adopt rules as necessary or as specified in this part 5 to implement and administer this part 5. The director shall adopt rules including, but not limited to:
(a) Confidentiality of information related to claims filed or appeals taken;
(b) Guidance on the factors used to determine whether an individual is a covered individual's family member;
(c) The form and manner of filing claims for benefits and providing related documentation pursuant to section 8-13.3-516 (2); and
(d) The form and manner of submitting an application with a claim for benefits to the division or to the entity that issued a private plan approved pursuant to section 8-13.3-521.
(7) Initial rules and regulations necessary for implementation of this part 5 shall be adopted by the director and promulgated by January 1, 2022.
C.R.S. § 8-13.3-517 Income tax
8-13.3-517. Income tax. (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 medical leave insurance benefits, at the time of filing such claim, that:
(a) The internal revenue service has determined that benefits are subject to federal income tax; and
(b) Requirements exist pertaining to estimated tax payments.
(2) Benefits received pursuant to this part 5 are not subject to state income tax.
(3) The director, in consultation with the department of revenue, shall issue rules regarding tax treatment and related procedures regarding family and medical leave insurance benefits, as well as the sharing of necessary information between the division and the department of revenue.
C.R.S. § 8-13.3-518 Family and medical leave insurance fund - establishment and investment - repeal
8-13.3-518. Family and medical leave insurance fund - establishment and investment - repeal. (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 subsection (4) of this section. Money in the fund may be used only to pay revenue bonds; to repay the general fund loan provided in subsection (3) of this section; to reimburse employers who pay family and medical leave insurance benefits directly to employees in accordance with section 8-13.3-515 (1); and to pay benefits under, and to administer, the program pursuant to this part 5, including technology costs to administer the program and outreach services developed under section 8-13.3-520. Interest earned on the investment of money in the fund remains in the fund. Any money remaining in the fund at the end of a fiscal year remains in the fund and does not revert to the general fund or any other fund. State money in the fund is continuously appropriated to the division for the purpose of this section. The general assembly shall not appropriate money from the fund for the general expenses of the state.
(2) The division may seek, accept, and expend gifts, grants, and donations, including program-related investments and community reinvestment funds, to finance the costs of establishing and implementing the program.
(3) (a) On June 14, 2021, or as soon as possible thereafter, the state treasurer shall transfer one million five hundred thousand dollars from the general fund to the fund for the purpose of defraying expenses incurred by the division before it receives premium revenue or revenue bond proceeds. Notwithstanding any other law, the division may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the state treasurer to the division that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). Loan liabilities that are recorded in the fund but are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109.
(b) No later than December 31, 2023, the division shall repay the loan of one million five hundred thousand dollars received pursuant to subsection (3)(a) of this section and accumulated interest from the fund. Interest accrues on the money borrowed at a rate equivalent to the rate per annum on the most recently issued ten-year United States treasury note, rounded to the nearest one-tenth of one percent, as reported by the "Wall Street Journal", as of the date the transfer required by subsection (3)(a) of this section is made. Interest accrues at the rate specified in this subsection (3)(b) beginning on that date, until the date on which the money is repaid.
lent to the rate per annum on the most recently issued ten-year United States treasury note, rounded to the nearest one-tenth of one percent, as reported by the "Wall Street Journal", as of the date the transfer required by subsection (3)(a) of this section is made. Interest accrues at the rate specified in this subsection (3)(b) beginning on that date, until the date on which the money is repaid.
(c) This subsection (3) is repealed, effective December 1, 2024.
(4) (a) On May 17, 2022, or as soon as possible thereafter, and notwithstanding section 24-75-227 (3)(c), the state treasurer shall transfer fifty-seven million dollars from the revenue loss restoration cash fund to the fund. The money is an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program established in section 8-13.3-516 and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). Liabilities that are recorded in the fund but are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109.
(a.5) On June 24, 2024, the state treasurer shall transfer four hundred thousand dollars from the general fund to the fund. The money is an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program established in section 8-13.3-516 and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7).
(b) (I) On or before December 31, 2022, the division shall determine the manner in which the state will receive a credit for the advance payment of premiums it has paid pursuant to subsection (4)(a) of this section for premiums it is required to pay under the family and medical leave insurance program established in section 8-13.3-516. The credit shall be calculated by multiplying the credit balance on the state's employer account or accounts as of June 30, 2022, and as of June 30 of each year thereafter, by a rate equivalent to the rate per annum on the most recently issued ten-year United States treasury note, rounded to the nearest one-tenth of one percent, as reported by the "Wall Street Journal", as of the date of the transfer required by subsection (4)(a) of this section. The state shall receive credit, calculated in this manner, until the amount of premiums the state is required to pay exceeds fifty-seven million dollars plus the amount of interest accrued as set forth in this subsection (4)(b)(I). On or before December 31, 2022, the division shall submit a report to the executive director of the department of personnel, the director of the office of state planning and budgeting, and the joint budget committee setting forth the manner in which it determines to credit the state pursuant to this subsection (4)(b)(I).
(II) On July 1, 2023, and on July 1 of each year thereafter, the executive director of the department of labor and employment shall submit a report of the amount of remaining credit the state can receive for premiums it is required to pay to the executive director of the department of personnel, the state treasurer, the director of the office of state planning and budgeting, and the joint budget committee.
(c) The advance payment of premiums by the state pursuant to this subsection (4) shall not constitute or become an indebtedness, a debt, or a liability of the state. The state shall not be liable on such advance payment, nor shall the advance payment constitute the giving, pledging, or loaning of the full faith and credit of the state. Advance payments shall be exempt from the state's fiscal rules.
c) The advance payment of premiums by the state pursuant to this subsection (4) shall not constitute or become an indebtedness, a debt, or a liability of the state. The state shall not be liable on such advance payment, nor shall the advance payment constitute the giving, pledging, or loaning of the full faith and credit of the state. Advance payments shall be exempt from the state's fiscal rules.
(d) (I) Notwithstanding any provision of this section to the contrary, the division shall cease to credit the money transferred to the fund from the revenue loss restoration cash fund pursuant to subsection (4)(a) of this section as an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program at the end of state fiscal year 2023-24.
(II) Notwithstanding any provision of this section to the contrary, on the date on which the fund balance meets or exceeds one hundred million dollars, or as soon as possible thereafter, the state treasurer shall transfer thirty-five million dollars from the fund back to the revenue loss restoration cash fund created in section 24-75-227 (2)(a) as repayment of the unexpended amount of the advance payment of premiums for state employee coverage made by the state pursuant to subsection (4)(a) of this section.
(III) (A) On June 30, 2024, the state treasurer shall transfer one million one hundred thousand dollars from the fund to the "American Rescue Plan Act of 2021" cash fund created in section 24-75-226. This amount is of the money that originated from the money the state received from the federal coronavirus state fiscal recovery fund that was transferred to the fund from the revenue loss restoration cash fund pursuant to subsection (4)(a) of this section.
(B) Notwithstanding any provision of this section to the contrary, on or as soon as possible after the date the state controller publishes the comprehensive annual financial report of the state for state fiscal year 2023-24, the state treasurer shall transfer any remaining amount of the fifty-seven million dollars transferred to the fund from the revenue loss restoration cash fund pursuant to subsection (4)(a) of this section, in addition to the thirty-five million dollars to be transferred pursuant to subsection (4)(d)(II) of this section, to the "American Rescue Plan Act of 2021" cash fund created in section 24-75-226 or to the general fund, as required in this subsection (4)(d)(III)(B), as repayment of the unexpended amount of the advance payment of premiums for state employee coverage made by the state pursuant to subsection (4)(a) of this section. The state treasurer shall transfer money pursuant to this subsection (4)(d)(III)(B) as follows: The state treasurer shall transfer money that originated from the money the state received from the federal coronavirus state fiscal recovery fund to the "American Rescue Plan Act of 2021" cash fund created in section 24-75-226 and shall transfer money that originated from the general fund to the general fund.
C.R.S. § 8-13.3-519 Reports
8-13.3-519. Reports. 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 beneficiary, average weekly wage of beneficiary, other demographics of beneficiary as determined by the division, premium rates, fund balances, outreach efforts, and, for leaves taken under section 8-13.3-504 (2)(b), family members for whom leave was taken to provide care.
C.R.S. § 8-13.3-520 Public education
8-13.3-520. Public education. 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 covered individuals. The division shall provide the information required by this section in a manner that is culturally competent and linguistically appropriate. The division may, on its own or through a contract with an outside vendor, use a portion of the money in the fund to develop, implement, and administer outreach services.
C.R.S. § 8-13.3-521 Substitution of private plans
8-13.3-521. Substitution of private plans. (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 not limited to:
(a) Allowing family and medical leave insurance benefits to be taken for all purposes specified in section 8-13.3-504 (2);
(b) Providing family and medical leave insurance benefits to a covered individual for any of the purposes, including multiple purposes in the aggregate, as set forth in section 8-13.3-504 (2), for the maximum number of weeks required in section 8-13.3-505 (1) in a benefit year;
(c) Allowing family and medical leave insurance benefits under section 8-13.3-504 (2)(b) to be taken to care for any family member;
(d) Allowing family and medical leave insurance benefits under section 8-13.3-504 (2)(c) to be taken by a covered individual with any serious health condition;
(e) Allowing family and medical leave insurance benefits under section 8-13.3-504 (2)(e) to be taken for any safe leave purposes;
(f) Providing a wage replacement rate for all family and medical leave insurance benefits of at least the amount required by section 8-13.3-506 (1)(a);
(g) Providing a maximum weekly benefit for all family and medical leave insurance benefits of at least the amount specified in section 8-13.3-506 (1)(b);
(h) Allowing a covered individual to take intermittent leave as authorized by section 8-13.3-505 (3);
(i) Imposing no additional conditions or restrictions on family and medical leave insurance benefits, or paid family and medical leave taken in connection therewith, beyond those explicitly authorized by this part 5 or regulations issued pursuant to this part 5;
(j) Allowing any employee covered under the private plan who is eligible for family and medical leave insurance benefits under this part 5 to receive benefits and take paid family and medical leave under the private plan; and
(k) Providing that the cost to employees covered by a private plan shall not be greater than the cost charged to employees under the state plan under section 8-13.3-507.
(2) In order to be approved as meeting an employer's obligations under this part 5, a private plan must also comply with the following provisions:
(a) If the private plan is in the form of self-insurance, the employer must furnish a bond to the state, with some surety company authorized to transact business in the state, in the form, amount, and manner required by the division;
(b) The plan must provide for all eligible employees throughout their period of employment; and
(c) If the plan is in the form of a third party that provides for insurance, the forms of the policy must be issued by an insurer approved by the state.
(3) The division shall withdraw approval for a private plan granted under section 8-13.3-521 (1) when terms or conditions of the plan have been violated. Causes for plan termination shall include, but not be limited to, the following:
(a) Failure to pay benefits;
(b) Failure to pay benefits timely and in a manner consistent with this part 5;
(c) Failure to maintain an adequate surety bond under section 8-13.3-521 (2)(a);
(d) Misuse of private plan money;
(e) Failure to submit reports or comply with other compliance requirements as required by the director by rule; or
ion shall include, but not be limited to, the following:
(a) Failure to pay benefits;
(b) Failure to pay benefits timely and in a manner consistent with this part 5;
(c) Failure to maintain an adequate surety bond under section 8-13.3-521 (2)(a);
(d) Misuse of private plan money;
(e) Failure to submit reports or comply with other compliance requirements as required by the director by rule; or
(f) Failure to comply with this part 5 or the regulations promulgated pursuant to this part 5.
(4) An employee covered by a private plan approved under this section shall retain all applicable rights under section 8-13.3-509.
(5) A contested determination or denial of family and medical leave insurance benefits by a private plan is subject to appeal before the division and any court of competent jurisdiction as provided by section 8-13.3-512.
(6) The director, by rule, shall establish a fine structure for employers and entities offering private plans that violate this section, with a maximum fine of $500 per violation. The director shall transfer any fines collected pursuant to this subsection to the state treasurer for deposit into the fund. The director, by rule, shall establish a process for the determination, assessment, and appeal of fines under this subsection.
(7) The director shall annually determine the total amount expended by the division for costs arising out of the administration of private plans. Each entity offering a private plan pursuant to this section shall reimburse the division for the costs arising out of the private plans in the amount, form, and manner determined by the director by rule. The director shall transfer payments received pursuant to this section to the state treasury for deposit in the fund.
C.R.S. § 8-13.3-522 Local government employers' ability to decline participation in program - rules
8-13.3-522. Local government employers' ability to decline participation in program - rules. (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 elect coverage as specified in section 8-13.3-514.
(3) The director shall promulgate reasonable rules for the implementation of this section. At a minimum, the rules must include:
(a) The process by which a local government may decline participation in the program;
(b) The process by which a local government that has previously declined participation in the program may subsequently elect coverage in the program; and
(c) The notice that a local government is required to provide its employees regarding whether the local government is participating in the program, the ability of the employees of a local government that has declined participation to elect coverage pursuant to section 8-13.3-514, and any other necessary requirements.
C.R.S. § 8-13.3-523 Severability
8-13.3-523. Severability. 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.
C.R.S. § 8-13.3-524 Effective date
8-13.3-524. Effective date. This part 5 takes effect upon official declaration of the governor and is self-executing.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-08.docxFetched: 10/6/2026