NOTE: The governor signed this measure on 5/3/2013.
      
      
      HOUSE BILL 13-1222
      
      
      BY REPRESENTATIVE(S) Peniston, Court, Fischer, Ginal, Hamner,
      Hullinghorst, Labuda, Lebsock, Melton, Rosenthal, Salazar, Singer, Tyler,
      Young, Levy, Moreno, Pabon, Ryden, Schafer, Ferrandino;
      also SENATOR(S) Ulibarri, Aguilar, Carroll, Giron, Hudak, Kefalas, Todd,
      Guzman, Heath, Hodge, Johnston, Jones, Kerr, Newell, Nicholson,
      Schwartz, Steadman, Tochtrop, Morse.
      
      
      Concerning the expansion of the group of family members for
           whom Colorado employees are entitled to take leave from
           work under the federal "Family and Medical Leave Act of
           1993".
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add part 2 to article
      13.3 of title 8 as follows:
      
                              PART 2
               FAMILY AND MEDICAL LEAVE ELIGIBILITY
      
           8-13.3-201.  Short title.  This part 2 shall be known and may be
      cited as the "Family Care Act".
      
           8-13.3-202.  Definitions. As used in this part 2, unless the
      context otherwise requires:
      
           (1)  "Civil union" has the same meaning as set forth in section
      14-15-103 (1), C.R.S.
      
           (2)  "Employee" means a person employed by an employer and
      who is eligible for FMLA leave.
      
           (3)  "Employer" has the same meaning as set forth in the
      FMLA.
      
           (4)  "FMLA" means the federal "Family and Medical Leave
      Act of 1993", Pub.L. 103-3, as amended, 29 U.S.C. sec. 2601, et seq.
      
           (5)  "FMLA leave" means leave from work and all benefits
      authorized by the FMLA.
      
           8-13.3-203.  Family and medical leave - state requirements.
      (1)  In addition to the leave to which an employee is entitled under
      the FMLA, an employee in this state is entitled to FMLA leave to
      care for a person who has a serious health condition, as that term
      is defined in the FMLA, if the person:
      
           (a)  Is the employee's partner in a civil union, as defined in
      section 14-15-103 (5), C.R.S.; or
      
           (b)  Is the employee's domestic partner and:
      
           (I)  Has registered the domestic partnership with the
      municipality in which the person resides or with the state, if
      applicable; or
      
           (II)  Is recognized by the employer as the employee's domestic
      partner.
      
           (2) (a)  For purposes of confirming an employee's relationship
      to a person described in subsection (1) of this section for whom the
      employee is requesting FMLA leave, the employer may require the
      employee to provide reasonable documentation or a written
      statement of family relationship, in accordance with the FMLA.
      
           (b)  An employer may require an employee seeking FMLA
      leave for a person described in subsection (1) of this section to
      submit the same certification as the employer may require under
      the FMLA.
      
           (3)  FMLA leave taken by an employee pursuant to this
      section runs concurrently with leave taken under the FMLA, and
      this section does not:
      
           (a)  Increase the total amount of leave to which an employee
      is entitled during a twelve-month period under the FMLA, this
      section, or both; and
      
           (b)  Preclude an employer from granting an employee an
      amount of leave that exceeds the total amount of leave to which
      the employee is entitled during a twelve-month period under the
      FMLA.
      
           8-13.3-204.  Enforcement. If an employer denies an employee
      in this state FMLA leave to care for a person described in section
      8-13.3-203 who is not a person for whom the employee would be
      entitled to leave under the FMLA, or interferes with an
      employee's exercise of or attempt to exercise his or her right to
      FMLA leave for persons described in section 8-13.3-203, the
      employer is subject to damages and equitable relief as specified in
      the FMLA. An aggrieved employee may bring an action in state
      court against the employer to recover damages or equitable
      relief.
      
           8-13.3-205.  Repeal of part. This part 2 is repealed if the United
      States congress enacts and the president signs federal legislation
      amending the FMLA to permit employees to use FMLA leave for all
      persons described in section 8-13.3-203. The executive director of
      the department of labor and employment shall notify the revisor
      of statutes, in writing, if the condition specified in this section
      occurs.
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      7, 2013, if adjournment sine die is on May 8, 2013); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO