§ 8-13.3-407 — Employee rights protected - retaliation prohibited

Colorado § 8-13.3-407

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

Text

(1) An
employee is entitled to:

(a) Use paid sick leave consistent with this part 4;

(b) File a complaint or inform any person about an employer's alleged
violation of this part 4;

(c) Cooperate with the division in its investigation of an alleged violation of
this part 4; and

(d) Inform any person of the person's potential rights under this part 4.

(2) (a) An employer shall not take retaliatory personnel action or discriminate
against an employee or former employee because the person has exercised,
attempted to exercise, or supported the exercise of rights protected under this part
4, including the right to request or use paid sick leave pursuant to this part 4; the
right to file a complaint with the division or court or inform any person about any
employer's alleged violation of this part 4; the right to participate in an
investigation, hearing, or proceeding or cooperate with or assist the division in its
investigations of alleged violations of this part 4; and the right to inform any person
of the person's potential rights under this part 4.

(b) It is unlawful for an employer to count paid sick leave taken by an
employee pursuant to this part 4 as an absence that may lead to or result in
discipline, discharge, demotion, suspension, or any other retaliatory personnel
action against the employee.

(3) The protections of this section apply to any person acting in good faith
who alleges a violation of this part 4, even if the allegation is determined to be
mistaken.

(4) The division shall investigate each claim of denial of paid sick leave in
violation of this part 4. The division may investigate claims of retaliation in violation
of this part 4.

(5) If an investigation of employer retaliation or interference with employee
rights yields a determination that:

(a) Rights of multiple employees have been violated, the violation as to each
employee is a separate violation for purposes of fines, penalties, or other remedies;

(b) A violation cost an employee the employee's job or pay, the determination
may include an order to reinstate the employee, to pay the employee's lost pay until
reinstatement or for a reasonable period if reinstatement is determined not to be
feasible, or both.

(6) Determinations made by the division under this section are appealable
pursuant to section 8-4-111.5 and rules promulgated by the department regarding
appeals and strategic enforcement.

Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1451, � 1,
effective July 14.