Colorado § 8-13.3-510 Coordination of benefits

Colorado Statutes

§ 8-13.3-510 — Coordination of benefits

Colorado § 8-13.3-510

Title 08Labor and

Art.Family and Medical Leave

This text of Colorado § 8-13.3-510 (Coordination of benefits) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 8-13.3-510 (2026).

Text

(1)(a) Leave taken with wage replacement under this part 5 that also qualifies as leave under the Family and Medical Leave Act, as amended, Pub.L. 103-3, codified at 29 U.S.C. sec. 2601 et. seq., or part 2 of article 13.3 of title 8 runs concurrently with leave taken under the Family and Medical Leave Act or part 2 of article 13.3 of title 8, as applicable.

(b)An employer may require that payment made or paid family and medical leave taken under this part 5 be made or taken concurrently or otherwise coordinated with payment made or leave allowed under the terms of a disability policy, including a disability policy contained within an employment contract, or a separate bank of time off solely for the purpose of paid family and medical leave under this part 5, as applicable. The

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(1) (a) Leave taken with wage
replacement under this part 5 that also qualifies as leave under the Family and
Medical Leave Act, as amended, Pub.L. 103-3, codified at 29 U.S.C. sec. 2601 et.
seq., or part 2 of article 13.3 of title 8 runs concurrently with leave taken under the
Family and Medical Leave Act or part 2 of article 13.3 of title 8, as applicable.

(b) An employer may require that payment made or paid family and medical
leave taken under this part 5 be made or taken concurrently or otherwise
coordinated with payment made or leave allowed under the terms of a disability
policy, including a disability policy contained within an employment contract, or a
separate bank of time off solely for the purpose of paid family and medical leave
under this part 5, as applicable. The employer shall give its employees written
notice of this requirement.

(c) Notwithstanding section 8-13.3-510 (1)(b), under no circumstances shall
an employee be required to use or exhaust any accrued vacation leave, sick leave,
or other paid time off prior to or while receiving family and medical leave insurance
benefits under this part 5. However, an employee and an employer may mutually
agree that the employee may use any accrued vacation leave, sick leave, or other
paid time off while receiving family and medical leave insurance benefits under this
part 5, unless the aggregate amount a covered individual would receive would
exceed the covered individual's average weekly wage. Nothing in this subsection
requires an employee to receive or use, or an employer to provide, additional paid
time off as described in this subsection.

(2) (a) This part 5 does not diminish:

(I) The rights, privileges, or remedies of an employee under a collective
bargaining agreement, employer policy, or employment contract;

(II) An employer's obligation to comply with a collective bargaining
agreement, employer policy, or employment contract, as applicable, that provides
greater leave than provided under this part 5; or

(III) Any law that provides greater leave than provided under this part 5.

(b) After December 31, 2020, an employer policy adopted or retained shall
not diminish an employee's right to benefits under this part 5. Any agreement by an
employee to waive the employee's rights under this part 5 is void as against public
policy.

(3) The director shall determine by rule the interaction of benefits or
coordination of leave when a covered individual is concurrently eligible for paid
family and medical leave and benefits under this part 5 with:

(a) Leave pursuant to section 24-34-402.7; or

(b) Workers' compensation benefits under article 42 of title 8.