As used in this part 5, unless the context otherwise
requires:
(1) Application year means the 12-month period beginning on the first day
of the calendar week in which an individual files an application for family and
medical leave insurance benefits.
(2) Average weekly wage means one-thirteenth of the wages paid during
the quarter of the covered individual's base period, as defined in section 8-70-103
(2), or alternative base period, as defined in section 8-70-103 (1.5), in which the total
wages were highest. For purposes of calculating average weekly wage, wages
include, but are not limited to, salary, wages, tips, commissions, and other
compensation as determined by the director by rule.
(3) Covered individual means any person who:
(a) (I) Earned at least $2,500 in wages subject to premiums under this part 5
during the person's base period, as defined in section 8-70-103 (2), or alternative
base period, as defined in section 8-70-103 (1.5); or
(II) Elects coverage and meets the requirements of section 8-13.3-514;
(b) Meets the administrative requirements outlined in this part 5 and in
regulations; and
(c) Submits an application with a claim for benefits pursuant to section 8-13.3-516 (6)(d).
(4) Director means the director of the division.
(5) Division means the division of family and medical leave insurance
created in section 8-13.3-508.
(6) Domestic violence means any conduct that constitutes domestic
violence as set forth in section 18-6-800.3 (1) or section 14-10-124 or domestic
abuse as set forth in section 13-14-101 (2).
(7) Employee means any individual, including a migratory laborer,
performing labor or services for the benefit of another, irrespective of whether the
common-law relationship of master and servant exists. For the purposes of this part
5, an individual primarily free from control and direction in the performance of the
labor or services, both under the individual's contract for the performance of the
labor or services and in fact, and who is customarily engaged in an independent
trade, occupation, profession, or business related to the labor or services performed
is not an employee. Employee does not include an employee as defined by 45
U.S.C. section 351 (d) who is subject to the federal Railroad Unemployment
Insurance Act, 45 U.S.C. section 351 et seq.
(8) (a) Employer means any person engaged in commerce or an industry or
activity affecting commerce that:
(I) Employs at least one person for each working day during each of twenty
or more calendar workweeks in the current or immediately preceding calendar year;
or
(II) Paid wages of one thousand five hundred dollars or more during any
calendar quarter in the preceding calendar year.
(b) Employer includes:
(I) A person who acts, directly or indirectly, in the interest of an employer
with regard to any of the employees of the employer;
(II) A successor in interest of an employer that acquires all of the
organization, trade, or business or substantially all of the assets of one or more
employers; and
(III) The state or a political subdivision of the state.
(c) Employer does not include the federal government.
(9) Family and medical leave insurance benefits or benefits means the
benefits provided under the terms of this part 5.
(10) Family and medical leave insurance program or program means the
program created in section 8-13.3-516.
(11) Family member means:
(a) Regardless of age, a biological, adopted or foster child, stepchild or legal
ward, a child of a domestic partner, a child to whom the covered individual stands in
loco parentis, or a person to whom the covered individual stood in loco parentis
when the person was a minor;
(b) A biological, adoptive or foster parent, stepparent or legal guardian of a
covered individual or covered individual's spouse or domestic partner or a person
who stood in loco parentis when the covered individual or covered individual's
spouse or domestic partner was a minor child;
(c) A person to whom the covered individual is legally married under the laws
of any state, or a domestic partner of a covered individual as defined in section 24-50-603 (6.5);
(d) A grandparent, grandchild or sibling (whether a biological, foster,
adoptive or step relationship) of the covered individual or covered individual's
spouse or domestic partner; or
(e) As shown by the covered individual, any other individual with whom the
covered individual has a significant personal bond that is or is like a family
relationship, regardless of biological or legal relationship.
(12) Fund means the family and medical leave insurance fund created in
section 8-13.3-518.
(13) Health-care provider means any person licensed, certified, or
registered under federal or Colorado law to provide medical or emergency services,
including, but not limited to, physicians, doctors, nurses, emergency room
personnel, and midwives.
(14) Local government has the same meaning as set forth in section 29-1-304.5 (3)(b).
(15) Paid family and medical leave means leave taken from employment in
connection with family and medical leave insurance benefits under this part 5.
(16) Qualifying exigency leave means leave based on a need arising out of
a covered individual's family member's active duty service or notice of an
impending call or order to active duty in the armed forces, including, but not limited
to, providing for the care or other needs of the military member's child or other
family member, making financial or legal arrangements for the military member,
attending counseling, attending military events or ceremonies, spending time with
the military member during a rest and recuperation leave or following return from
deployment, or making arrangements following the death of the military member.
(17) Retaliatory personnel action means denial of any right guaranteed
under this part 5, including, but not limited to, any threat, discharge, suspension,
demotion, reduction of hours, or any other adverse action against an employee for
the exercise of any right guaranteed in this part 5. Retaliatory personnel action
also includes interference with or punishment for in any manner participating in or
assisting an investigation, proceeding, or hearing under this part 5.
(18) Safe leave means any leave because the covered individual or the
covered individual's family member is the victim of domestic violence, the victim of
stalking, or the victim of sexual assault or abuse. Safe leave under this part 5
applies if the covered individual is using the leave from work to protect the covered
individual or the covered individual's family member by:
(a) Seeking a civil protection order to prevent domestic violence pursuant to
sections 13-14-104.5, 13-14-106, or 13-14-108;
(b) Obtaining medical care or mental health counseling or both for himself or
herself or for his or her children to address physical or psychological injuries
resulting from the act of domestic violence, stalking, or sexual assault or abuse;
(c) Making his or her home secure from the perpetrator of the act of
domestic violence, stalking, or sexual assault or abuse, or seeking new housing to
escape said perpetrator; or
(d) Seeking legal assistance to address issues arising from the act of
domestic violence, stalking, or sexual assault or abuse, or attending and preparing
for court- related proceedings arising from said act or crime.
(19) Serious health condition is an illness, injury, impairment, pregnancy,
recovery from childbirth, or physical or mental condition that involves inpatient care
in a hospital, hospice or residential medical care facility, or continuing treatment by
a health-care provider.
(20) Sexual assault or abuse means any offense as described in section 16-11.7-102 (3), or sexual assault, as described in section 18-3-402, committed by any
person against another person regardless of the relationship between the actor and
the victim.
(21) Stalking means any act as described in section 18-3-602.
(22) State average weekly wage means the state average weekly wage
determined in accordance with section 8-47-106.