C.R.S. Section 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)

Intentionally left blank —Ed.

(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.

Source: Section 8-13.3-203 — Family and medical leave - state requirements, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑13.3‑201
Short title 8‑13.3‑202
Definitions 8‑13.3‑203
Family and medical leave - state requirements 8‑13.3‑204
Enforcement 8‑13.3‑205
Repeal of part 8‑13.3‑301
Legislative declaration 8‑13.3‑302
Definitions 8‑13.3‑303
Department to perform analyses 8‑13.3‑304
Family and medical leave implementation task force 8‑13.3‑305
Paid family and medical leave program implementation authorization 8‑13.3‑401
Short title 8‑13.3‑402
Definitions 8‑13.3‑403
Paid sick leave - accrual - carry forward to subsequent year - comparable leave provided by employer - no payment for unused leave - rules 8‑13.3‑404
Use of paid sick leave - purposes - time increments 8‑13.3‑405
Additional paid sick leave during a public health emergency 8‑13.3‑406
Paid sick leave related to COVID-19 8‑13.3‑407
Employee rights protected - retaliation prohibited 8‑13.3‑408
Notice to employees - penalty - rules 8‑13.3‑409
Employer records 8‑13.3‑410
Authority of director - rules 8‑13.3‑411
Enforcement - judicial review of director’s actions 8‑13.3‑412
Confidentiality of employee information - definition 8‑13.3‑413
Employers encouraged to provide more generous paid sick leave 8‑13.3‑414
Other legal requirements applicable 8‑13.3‑415
Collective bargaining agreements 8‑13.3‑416
Employer policies 8‑13.3‑417
Severability 8‑13.3‑418
Employer authorized to take disciplinary action 8‑13.3‑501
Short title 8‑13.3‑502
Purposes and findings 8‑13.3‑503
Definitions 8‑13.3‑504
Eligibility 8‑13.3‑505
Duration 8‑13.3‑506
Amount of benefits - portability 8‑13.3‑507
Premiums 8‑13.3‑508
Division of family and medical leave insurance 8‑13.3‑509
Leave and employment protection 8‑13.3‑510
Coordination of benefits 8‑13.3‑511
Notice 8‑13.3‑512
Appeals 8‑13.3‑513
Erroneous payments and disqualification for benefits 8‑13.3‑514
Elective coverage 8‑13.3‑515
Reimbursement of advance payments 8‑13.3‑516
Family and medical leave insurance program 8‑13.3‑517
Income tax 8‑13.3‑518
Family and medical leave insurance fund - establishment and investment - repeal 8‑13.3‑519
Reports 8‑13.3‑520
Public education 8‑13.3‑521
Substitution of private plans 8‑13.3‑522
Local government employers’ ability to decline participation in program - rules 8‑13.3‑523
Severability 8‑13.3‑524
Effective date
Green check means up to date. Up to date

Current through Fall 2024

§ 8-13.3-203’s source at colorado​.gov