2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 13.3 - FAMILY AND MEDICAL LEAVE (§§ 8-13.3-101 — 8-13.3-524) › Part 5 - PAID FAMILY AND MEDICAL LEAVE INSURANCE (§§ 8-13.3-501 — 8-13.3-524) › Section 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.
(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
.
Added by 2020 Ballot Proposition 118, passed by voters in 11/3/2020 election, eff. 12/31/2020.
Initiated 2020: Entire part added, Proposition 118, L. 2021, p. 4233, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-409 in Proposition 118 but was renumbered on revision for ease of location.