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Labor and Industry

Ch. 157

CHAPTER 157_______________LABOR AND INDUSTRY_______________
HOUSE BILL 13-1222
BY REPRESENTATIVE(S) Peniston, Court, Fischer, Ginal, Hamner, Hullinghorst, Labuda, Lebsock, Melton, Rosenthal, Salazar,Singer, Tyler, Young, Levy, Moreno, Pabon, Ryden, Schafer, Ferrandino;also SENATOR(S) Ulibarri, Aguilar, Carroll, Giron, Hudak, Kefalas, Todd, Guzman, Heath, Hodge, Johnston, Jones, Kerr,Newell, Nicholson, Schwartz, Steadman, Tochtrop, Morse.

AN ACT
CONCERNING THE EXPANSION OF THE GROUP OF FAMILY MEMBERS FOR WHOM COLORADOEMPLOYEES ARE ENTITLED TO TAKE LEAVE FROM WORK UNDER THE FEDERAL "FAMILY AND
MEDICAL LEAVE ACT OF 1993".
Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, add part 2 to article 13.3 of title 8as follows:
PART 2FAMILY AND MEDICAL LEAVE ELIGIBILITY
8-13.3-201. Short title. THIS PART 2 SHALL BE KNOWN AND MAY BE CITED ASTHE "FAMILY CARE ACT".

8-13.3-202. Definitions. AS USED IN THIS PART 2, UNLESS THE CONTEXTOTHERWISE 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",)))))
Capital letters indicate new material added to existing statutes; dashes through words indicate deletions
from existing statutes and such material not part of act.

Ch. 157Labor and Industry509

PUB.L. 103-3, AS AMENDED , 29 U.S.C. SEC. 2601, ET SEQ .
(5) "FMLA LEAVE" MEANS LEAVE FROM WORK AND ALL BENEFITS AUTHORIZEDBY THE FMLA.
8-13.3-203. Family and medical leave - state requirements. (1) IN ADDITIONTO 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 THEPERSON :(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 INWHICH 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 PERSONDESCRIBED IN SUBSECTION (1) OF THIS SECTION FOR WHOM THE EMPLOYEE ISREQUESTING FMLA LEAVE , THE EMPLOYER MAY REQUIRE THE EMPLOYEE TOPROVIDE REASONABLE DOCUMENTATION OR A WRITTEN STATEMENT OF FAMILYRELATIONSHIP, IN ACCORDANCE WITH THE FMLA.
(b) AN EMPLOYER MAY REQUIRE AN EMPLOYEE SEEKING FMLA LEAVE FOR APERSON DESCRIBED IN SUBSECTION (1) OF THIS SECTION TO SUBMIT THE SAMECERTIFICATION AS THE EMPLOYER MAY REQUIRE UNDER THE FMLA.
(3) FMLA LEAVE TAKEN BY AN EMPLOYEE PURSUANT TO THIS SECTION RUNSCONCURRENTLY WITH LEAVE TAKEN UNDER THE FMLA, AND THIS SECTION DOESNOT:(a) INCREASE THE TOTAL AMOUNT OF LEAVE TO WHICH AN EMPLOYEE IS ENTITLEDDURING A TWELVE -MONTH PERIOD UNDER THE FMLA, THIS SECTION , OR BOTH ; AND(b) PRECLUDE AN EMPLOYER FROM GRANTING AN EMPLOYEE AN AMOUNT OFLEAVE THAT EXCEEDS THE TOTAL AMOUNT OF LEAVE TO WHICH THE EMPLOYEE ISENTITLED DURING A TWELVE -MONTH PERIOD UNDER THE FMLA.
8-13.3-204. Enforcement. IF AN EMPLOYER DENIES AN EMPLOYEE IN THIS STATEFMLA LEAVE TO CARE FOR A PERSON DESCRIBED IN SECTION 8-13.3-203 WHO IS NOTA PERSON FOR WHOM THE EMPLOYEE WOULD BE ENTITLED TO LEAVE UNDER THEFMLA, OR INTERFERES WITH AN EMPLOYEE'S EXERCISE OF OR ATTEMPT TO EXERCISEHIS 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 THEFMLA. AN AGGRIEVED EMPLOYEE MAY BRING AN ACTION IN STATE COURT AGAINSTTHE EMPLOYER TO RECOVER DAMAGES OR EQUITABLE RELIEF.

510Labor and IndustryCh. 1578-13.3-205. Repeal of part. THIS PART 2 IS REPEALED IF THE UNITED STATESCONGRESS ENACTS AND THE PRESIDENT SIGNS FEDERAL LEGISLATION AMENDING THEFMLA TO PERMIT EMPLOYEES TO USE FMLA LEAVE FOR ALL PERSONS DESCRIBEDIN SECTION 8-13.3-203. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LABORAND EMPLOYMENT SHALL NOTIFY THE REVISOR OF STATUTES , IN WRITING, IF THE
CONDITION SPECIFIED IN THIS SECTION OCCURS .
SECTION 2. Act subject to petition - effective date. This act takes effect at
12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly (August 7, 2013, if adjournment sine die is onMay 8, 2013); except that, if a referendum petition is filed pursuant to section 1 (3)of article V of the state constitution against this act or an item, section, or part ofthis act within such period, then the act, item, section, or part will not take effectunless approved by the people at the general election to be held in November 2014
and, in such case, will take effect on the date of the official declaration of the votethereon by the governor.
Approved: May 3, 2013