reglab/statecodes huggingface dataset:
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1452, p. 1452, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1453, p. 1453, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1453, p. 1453, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1454, p. 1454, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1454, p. 1454, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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)
.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1455, p. 1455, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1455, p. 1455, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1456, p. 1456, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1456, p. 1456, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1456, p. 1456, § 1, effective July 14.
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 4 - HEALTHY FAMILIES AND WORKPLACES (§§ 8-13.3-401 — 8-13.3-418) › Section 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.
Added by 2020 Ch. 294,§ 1, eff. 7/14/2020.
L. 2020: Entire part added, (SB 20-205), ch. 1456, p. 1456, § 1, effective July 14.
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 8-13.3-501 - Short title

This part 5 shall be known and may be cited as the "Paid Family and Medical Leave Insurance Act".
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. 2020, p. 4225, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-401 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-502 - 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.
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. 2020, p. 4225, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-402 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-504 - 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.
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. 4229, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-404 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-505 - 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.
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. 4230, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-405 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-506 - 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.
Amended by 2023 Ch. 40, § 2, eff. 3/23/2023.
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. 4230, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-406 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-508 - 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.
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 8-13.3-408 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-511 - 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.
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. 4236, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-411 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-512 - 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.
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. 4237, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-412 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-513 - 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.
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. 4237, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-413 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-514 - 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.
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. 4237, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-414 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-515 - 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.
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. 4238, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-415 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-516 - 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.
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. 4238, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-416 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-517 - 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.
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. 4239, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-417 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-519 - 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.
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. 4240, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-419 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-520 - 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.
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. 4241, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-420 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-522 - 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.
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. 4243, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-422 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-523 - 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.
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. 4244, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-423 in Proposition 118 but was renumbered on revision for ease of location.
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 8-13.3-524 - Effective date

This part 5 takes effect upon official declaration of the governor and is self-executing.
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. 4244, effective upon proclamation of the Governor, December 31, 2020.
This section was originally numbered as 8-13.3-424 in Proposition 118 but was renumbered on revision for ease of location.
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 13.5 - WORKPLACE ACCOMMODATIONS AND PROTECTIONS (§§ 8-13.5-101 — 8-13.5-205) › Part 1 - WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS (§§ 8-13.5-101 — 8-13.5-104) › Section 8-13.5-101 - Short title

The short title of this part 1 is the "Workplace Accommodations for Nursing Mothers Act".
Amended by 2021 Ch. 337,§ 10, eff. 6/25/2021.
L. 2008: Entire article added, p. 328, § 1, effective August 5.