§ 24-33.5-825 — Qualified volunteers - leave of absence - public employees

Colorado § 24-33.5-825

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public Safety

Text

(1) Any qualified volunteer who is an officer or employee of the state or of any
political subdivision, municipal corporation, or other public agency of the state and
who is called into service by a volunteer organization is entitled to a leave of
absence from the qualified volunteer's employment for the time when the qualified
volunteer is serving, without loss of pay, seniority, status, efficiency rating,
vacation, sick leave, or other benefits. The leave without loss of pay that is allowed
pursuant to this section shall not exceed a total of fifteen workdays in any calendar
year; except that such leave without loss of pay shall be allowed only if the
required volunteer service is satisfactorily performed, which shall be presumed
unless the contrary is established.

(2) The leave allowed pursuant to subsection (1) of this section shall be
allowed only if the qualified volunteer returns to his or her public position the next
scheduled workday after being relieved from emergency volunteer service; except
that leave shall be allowed pursuant to subsection (1) of this section if the employee
is unable to return to work due to injury or circumstances beyond the employee's
control and the employee notifies the employer as soon as practicable, but prior to
the next scheduled workday.

(3) A state agency or any political subdivision, municipal corporation, or
other public agency of the state may hire a temporary employee to fill a vacancy
created by a leave of absence allowed pursuant to subsection (1) of this section.

(4) Upon returning from a leave of absence allowed pursuant to this section,
a qualified volunteer is entitled to return to the same position and classification
held by the qualified volunteer before the leave of absence for the emergency
volunteer service or to the position, including the geographic location of the
position, and classification that the qualified volunteer would have been entitled to
if the qualified volunteer did not take a leave of absence for the emergency
volunteer service.

(5) A qualified volunteer who is an officer or employee of the state or of any
political subdivision, municipal corporation, or other public agency of the state,
receiving a leave of absence pursuant to this section, and having rights in any state,
municipal, or other public pension, retirement, or relief system shall retain all of the
rights accrued up to the time of taking the leave and shall have all rights
subsequently accruing under such system as if the qualified volunteer did not take
the leave. Any increase in the amount of money benefits accruing with respect to
the time of the leave is dependent upon the payment of any contributions or
assessments, and the right to the increase is dependent upon the payment of
contributions or assessments within a reasonable time after the termination of the
leave and upon such terms as the authorities in charge of the system may
prescribe.

(6) Notwithstanding this section, an employer shall not be required to
provide leave pursuant to this section to more than twenty percent of the
employer's employees on any workday.

(7) Notwithstanding this section, an employer shall not be required to allow
leave pursuant to this section for any employee designated as an essential
employee. For the purposes of this subsection (7), essential employee means an
employee who the employer deems to be essential to the operation of the
employer's daily enterprise and whose absence would likely cause the employer to
suffer economic injury.

Legislative History

Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1097, � 10, effective July 1.