§ 8-13.3-203 — Family and medical leave - state requirements

Colorado § 8-13.3-203

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Family and Medical Leave

Text

(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.

Legislative History

Source: L. 2013: Entire part added, (HB 13-1222), ch. 157, p. 509, �1, effective August 7.