(1)(a)
Employers shall permit an employee to request or take up to three working days of
leave from work in any twelve-month period, with or without pay, if the employee is
the victim of domestic abuse, as that term is defined in section 13-14-101 (2), C.R.S.,
the victim of stalking, as that crime is described in section 18-3-602, C.R.S., the
victim of sexual assault, as that crime is defined in section 18-3-402, C.R.S., or the
victim of any other crime, the underlying factual basis of which has been found by a
court on the record to include an act of domestic violence, as that term is defined in
section 18-6-800.3 (1), C.R.S. This section shall only apply if the employee is using
the leave from work to protect himself or herself by:
(I)Seeking a civil protection order to prev
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(1) (a)
Employers shall permit an employee to request or take up to three working days of
leave from work in any twelve-month period, with or without pay, if the employee is
the victim of domestic abuse, as that term is defined in section 13-14-101 (2), C.R.S.,
the victim of stalking, as that crime is described in section 18-3-602, C.R.S., the
victim of sexual assault, as that crime is defined in section 18-3-402, C.R.S., or the
victim of any other crime, the underlying factual basis of which has been found by a
court on the record to include an act of domestic violence, as that term is defined in
section 18-6-800.3 (1), C.R.S. This section shall only apply if the employee is using
the leave from work to protect himself or herself by:
(I) Seeking a civil protection order to prevent domestic abuse pursuant to
section 13-14-104.5, 13-14-106, or 13-14-108, C.R.S.;
(II) 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 abuse, stalking, or sexual assault or other crime
involving domestic violence;
(III) Making his or her home secure from the perpetrator of the act of
domestic abuse, stalking, or sexual assault or other crime involving domestic
violence or seeking new housing to escape said perpetrator;
(IV) Seeking legal assistance to address issues arising from the act of
domestic abuse, stalking, or sexual assault or other crime involving domestic
violence and attending and preparing for court-related proceedings arising from
said act or crime.
(b) The provisions of paragraph (a) of this subsection (1) shall only apply to
employers who employ fifty or more employees and to employees who have been
employed with the employer for twelve months or more.
(2) (a) Except in cases of imminent danger to the health or safety of the
employee, an employee seeking leave from work pursuant to this section shall
provide his or her employer with the appropriate advance notice of such leave as
may be required by the employer's policy and such documentation as may be
required by the employer.
(b) An employee seeking leave pursuant to this section, prior to receiving
such leave, shall exhaust any and all annual or vacation leave, personal leave, and
sick leave, if applicable, that may be available to the employee, unless the employer
waives this requirement.
(c) All information related to the employee's leave pursuant to this section
shall be kept confidential by the employer.
(3) (a) It shall be unlawful for any employer to interfere with, restrain, or
deny the exercise of or any attempt to exercise any rights provided under this
section.
(b) It shall be unlawful for any employer to discharge or in any other manner
discriminate against any individual for exercising his or her rights under this
section.
(c) An employee shall have no greater rights to continued employment or to
other benefits and conditions of employment than if the employee was not entitled
to leave under this section. Nothing in this section shall be construed to limit the
employer's right to discipline or terminate any employee for any reason, including
but not limited to reductions in work force or termination for cause or for no reason
at all, other than exercising his or her rights under this section.
(4) Notwithstanding any other provisions of this article to the contrary, the
sole remedy for any person claiming to be aggrieved by a violation of this section
shall be to bring a civil suit for damages or equitable relief or both in any district
court of competent jurisdiction. Such person may claim as damages all wages and
benefits that would have been due the person up to and including the date of the
judgment had the act violating this section not occurred; except that nothing in this
section shall be construed to relieve such person from the obligation to mitigate his
or her damages.