§ 8-13.3-404 — Use of paid sick leave - purposes - time increments

Colorado § 8-13.3-404

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

Text

(1) An
employer shall allow an employee to use the employee's accrued paid sick leave to
be absent from work when:

(a) The employee:

(I) Has a mental or physical illness, injury, or health condition that prevents
the employee from working;

(II) Needs to obtain a medical diagnosis, care, or treatment of a mental or
physical illness, injury, or health condition;

(III) Needs to obtain preventive medical care; or

(IV) Needs to grieve, attend funeral services or a memorial, or deal with
financial and legal matters that arise after the death of a family member;

(b) The employee needs to care for a family member who:

(I) Has a mental or physical illness, injury, or health condition;

(II) Needs to obtain a medical diagnosis, care, or treatment of a mental or
physical illness, injury, or health condition; or

(III) Needs to obtain preventive medical care;

(c) The employee or the employee's family member has been the victim of
domestic abuse, sexual assault, or harassment and the use of leave is to:

(I) Seek medical attention for the employee or the employee's family
member to recover from a mental or physical illness, injury, or health condition
caused by the domestic abuse, sexual assault, or harassment;

(II) Obtain services from a victim services organization;

(III) Obtain mental health or other counseling;

(IV) Seek relocation due to the domestic abuse, sexual assault, or
harassment; or

(V) Seek legal services, including preparation for or participation in a civil or
criminal proceeding relating to or resulting from the domestic abuse, sexual
assault, or harassment;

(d) Due to a public health emergency, a public official has ordered closure of:

(I) The employee's place of business; or

(II) The school or place of care of the employee's child and the employee
needs to be absent from work to care for the employee's child;

(e) The employee needs to care for a family member whose school or place
of care has been closed due to inclement weather, loss of power, loss of heating,
loss of water, or other unexpected occurrence or event that results in the closure of
the family member's school or place of care; or

(f) The employee needs to evacuate the employee's place of residence due
to inclement weather, loss of power, loss of heating, loss of water, or other
unexpected occurrence or event that results in the need to evacuate the
employee's residence.

(2) An employer shall allow an employee to use paid sick leave upon the
request of an employee. The request may be made orally, in writing, electronically,
or by any other means acceptable to the employer. When possible, the employee
shall include the expected duration of the absence. An employer may provide a
written policy that contains reasonable procedures for the employee to provide
notice when the use of paid sick leave taken under this section is foreseeable. An
employer shall not deny paid sick leave to the employee based on noncompliance
with such a policy.

(3) An employee must use paid sick leave in hourly increments unless the
employee's employer allows paid sick leave to be taken in smaller increments of
time.

(4) An employer shall not require, as a condition of providing paid sick leave
under this part 4, an employee who uses paid sick leave to search for or find a
replacement worker to cover the time during which the employee is absent from
work.

(5) When the use of paid sick leave taken under this section is foreseeable,
the employee shall make a good-faith effort to provide notice of the need for paid
sick leave to the employee's employer in advance of the use of the paid sick leave
and shall make a reasonable effort to schedule the use of paid sick leave in a
manner that does not unduly disrupt the operations of the employer.

(6) Notwithstanding section 8-13.3-405 (4)(b), for paid sick leave of four or
more consecutive work days, an employer may require reasonable documentation
that the paid sick leave is for a purpose authorized by this part 4.

Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1447, � 1,
effective July 14. L. 2023: (1)(a)(II), (1)(a)(III), and (1)(c)(V) amended and (1)(a)(IV),
(1)(e), and (1)(f) added, (SB 23-017), ch. 313, p. 1906, � 1, effective August 7.