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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0282.01 JJC HOUSE BILL 98­1166

STATE OF COLORADO

BY REPRESENTATIVE Veiga;

also SENATOR Pascoe.

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING IMPLEMENTATION OF THE COLORADO FAMILY AND MEDICAL LEAVE ACT.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Creates a new article that permits employees who work for employers with 25 or more employees to take family and medical leave.

Entitles an eligible employee to take up to 12 weeks of unpaid leave:

! Within the first year after the birth of a child or placement of an adoptive or foster child;

! To care for a family member with a serious health condition; or

! Because of an employee's own serious health condition.

Requires the employee to give the employer reasonable notice if the leave is foreseeable and to use other efforts to lessen the disruption to the employer. Permits the employer to require the employee to transfer to an equivalent position or to substitute other earned leave for the requested leave. Limits spouses who work for the same employer to an aggregate of 12 weeks unpaid family and medical leave in any one year, if for reasons other than their own serious health condition. Allows an employer to require medical certification as a basis for a request for family and medical leave, and allows a second and third medical opinion at the employer's expense.

Requires the executive director of the department of labor and employment to issue rules regarding intermittent or reduced schedule leave under this act. Requires that any employee taking leave under this act be restored upon return to his or her original or an equivalent position, but an employer may require medical certification before restoring the employee or require periodic reports during the leave. Allows an employer to exempt from restoration any employee in the highest 10% of paid employees.

Requires an employer to maintain health insurance coverage for the employee for the duration of family and medical leave. Allows an employer to recover the premium if the employee fails to return to work and to require medical certification unless the failure to return is due to a serious health condition or circumstances beyond the employee's control. Prohibits any employer from restraining, interfering, discharging, or discriminating against an employee who seeks to exercise his or her rights under this act.

Requires the executive director of the department of labor and employment to issue rules under this act, and grants necessary powers to enforce this act. Permits the department to annually inspect employers' records or to inspect more often if the department is investigating a pending charge or has reason to suspect a violation.

Permits an employee to bring a civil action, including a class action, against an employer for violations of this act for reasonable damages, reasonable attorney fees, and any equitable relief. Allows the division of labor to investigate and resolve disputes in administrative proceedings, to bring civil actions on behalf of employees, or to seek injunctive relief. Imposes a 2­year statute of limitations on civil actions under this act; except that it allows a 3­year limitation for willful violations.

Requires employers to post reasonable notice of the relevant provisions of this act at the workplace.

Clarifies that employees who are eligible for benefits under the federal act are not eligible for benefits under this act.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Title 8, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 10.5

Colorado Family and Medical Leave Act

8­10.5­101.  Short title. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO FAMILY AND MEDICAL LEAVE ACT".

8­10.5­102.  Legislative declaration. (1)  THE GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT:

(a)  THE DEMANDS OF THE MODERN WORKPLACE HAVE CAUSED GREATER PRESSURES FOR SINGLE­PARENT AND TWO­PARENT WORKING FAMILIES;

(b)  EARLY CHILD REARING AND CARING FOR SERIOUS PERSONAL HEALTH CONDITIONS OR SERIOUS HEALTH CONDITIONS AFFECTING A FAMILY MEMBER OFTEN FORCES A PARENT INTO A CHOICE BETWEEN CARING FOR HIMSELF OR HERSELF AND HIS OR HER FAMILY AND SACRIFICING HIS OR HER JOB SECURITY; AND

(c)  WOMEN ARE OFTEN RELIED UPON AS THE PRIMARY CARE GIVERS FOR THE FAMILY, AND THAT EMPLOYMENT POLICIES THAT ARE NOT FAMILY­FRIENDLY MAY HAVE THE GREATEST NEGATIVE IMPACT ON WOMEN, CONTRARY TO PRINCIPLES OF EQUAL PROTECTION AND EQUAL EMPLOYMENT OPPORTUNITY.

(2)  THE GENERAL ASSEMBLY ALSO RECOGNIZES THAT THE FEDERAL "FAMILY AND MEDICAL LEAVE ACT OF 1993", 29 U.S.C. SEC. 2601 AND 29 U.S.C. SEC. 2611 ET SEQ., WAS PASSED TO ADDRESS THESE ISSUES, BUT THAT LAW ONLY GENERALLY APPLIES TO EMPLOYERS WITH FIFTY OR MORE EMPLOYEES.

(3)  IT IS THEREFORE THE INTENT OF THE GENERAL ASSEMBLY TO:

(a)  ENTITLE EMPLOYEES IN THIS STATE TO TAKE REASONABLE LEAVE FOR MEDICAL REASONS, FOR THE BIRTH, ADOPTION, OR PLACEMENT OF A CHILD, AND FOR THE CARE OF A CHILD, SPOUSE, OR PARENT WHO HAS A SERIOUS HEALTH CONDITION;

(b)  PROMOTE THE STABILITY AND ECONOMIC SECURITY OF FAMILIES IN THIS STATE, AND TO PROMOTE THE INTERESTS OF THE STATE IN PRESERVING FAMILY INTEGRITY;

(c)  ACCOMPLISH THESE PURPOSES WHILE ACCOMMODATING THE LEGITIMATE INTERESTS OF EMPLOYERS IN THIS STATE; AND

(d)  ACCOMPLISH THESE PURPOSES AND THEREBY MINIMIZE THE POTENTIAL FOR EMPLOYMENT DISCRIMINATION ON THE BASIS OF SEX AND TO PROMOTE THE GOAL OF EQUAL EMPLOYMENT OPPORTUNITY FOR ALL EMPLOYEES.

8­10.5­103.  Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND EMPLOYMENT.

(2)  "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF LABOR.

(3)  "DIVISION" MEANS THE DIVISION OF LABOR WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT.

(4)  "ELIGIBLE EMPLOYEE" MEANS AN EMPLOYEE WHO:

(a)  HAS BEEN EMPLOYED FOR AT LEAST TWELVE MONTHS BY THE EMPLOYER FROM WHOM LEAVE UNDER THIS ARTICLE IS REQUESTED; AND

(b)  HAS AT LEAST ONE THOUSAND TWO HUNDRED FIFTY HOURS OF SERVICE WITH SUCH EMPLOYER DURING THE TWELVE­MONTH PERIOD PRECEDING THE REQUEST FOR LEAVE UNDER THIS ARTICLE.

(5) (a)  "EMPLOYER" MEANS ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION, MIGRATORY FIELD LABOR CONTRACTOR OR CREW LEADER, OR RECEIVER OR OTHER OFFICER OF THE COURT IN COLORADO THAT EMPLOYS AT LEAST TWENTY­FIVE EMPLOYEES AT A WORKPLACE OR A TOTAL OF AT LEAST TWENTY­FIVE EMPLOYEES WITHIN SEVENTY­FIVE MILES OF A WORKPLACE ON EACH BUSINESS DAY DURING A PERIOD OF AT LEAST TWENTY CONSECUTIVE WEEKS IN THE CALENDAR YEAR DURING WHICH LEAVE IS REQUESTED PURSUANT TO THIS ARTICLE OR IN THE CALENDAR YEAR PRECEDING SUCH REQUEST.

(b)  "EMPLOYER" INCLUDES ANY PERSON WHO ACTS, DIRECTLY OR INDIRECTLY, IN THE INTEREST OF AN EMPLOYER IN RELATION TO ANY OF THE EMPLOYEES OF SUCH EMPLOYER AND ANY SUCCESSOR IN INTEREST OF AN EMPLOYER.

(6)  "EMPLOYMENT BENEFITS" MEANS ALL BENEFITS PROVIDED OR MADE AVAILABLE TO EMPLOYEES BY AN EMPLOYER, INCLUDING BUT NOT LIMITED TO GROUP LIFE INSURANCE, HEALTH INSURANCE, DISABILITY LEAVE, SICK LEAVE, ANNUAL LEAVE, EDUCATIONAL BENEFITS, AND PENSIONS.

(7)  "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LABOR AND EMPLOYMENT.

(8)  "FAMILY MEMBER" MEANS THE SPOUSE OF AN EMPLOYEE, THE BIOLOGICAL, ADOPTIVE, OR FOSTER PARENT OR CHILD OF THE EMPLOYEE, OR A PERSON WITH WHOM THE EMPLOYEE WAS OR IS IN A RELATIONSHIP OF IN LOCO PARENTIS.

(9)  "HEALTH CARE PROVIDER" MEANS A DOCTOR OF MEDICINE OR OSTEOPATHY WHO IS AUTHORIZED TO PRACTICE MEDICINE OR SURGERY IN THIS STATE OR A COMPARABLE PRACTITIONER CAPABLE OF PROVIDING HEALTH CARE SERVICES AS DETERMINED BY RULE OF THE EXECUTIVE DIRECTOR.

(10)  "REDUCED LEAVE SCHEDULE" MEANS A LEAVE SCHEDULE THAT REDUCES AN ELIGIBLE EMPLOYEE'S USUAL NUMBER OF WORKING HOURS PER WEEK OR WORKING HOURS PER DAY.

(11)  "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL MEDICAL CARE FACILITY OR CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.

8­10.5­104.  Family and medical leave ­ reduced leave schedule ­ unpaid leave permitted ­ foreseeable leave ­ both spouses as employees. (1)  ON OR AFTER OCTOBER 1, 1998, AN ELIGIBLE EMPLOYEE SHALL BE ENTITLED TO A TOTAL OF TWELVE WEEKS OF LEAVE DURING ANY TWELVE­MONTH PERIOD FOR ONE OR MORE OF THE FOLLOWING:

(a)  THE BIRTH OF A CHILD OF THE ELIGIBLE EMPLOYEE AND SUBSEQUENT CARE FOR THE CHILD;

(b)  THE PLACEMENT OF A CHILD WITH THE ELIGIBLE EMPLOYEE FOR ADOPTION OR FOSTER CARE;

(c)  THE CARE OF A FAMILY MEMBER OF THE ELIGIBLE EMPLOYEE, WHICH FAMILY MEMBER HAS A SERIOUS HEALTH CONDITION;

(d)  A SERIOUS HEALTH CONDITION THAT MAKES THE ELIGIBLE EMPLOYEE UNABLE TO PERFORM HIS OR HER NORMAL WORK RESPONSIBILITIES.

(2)  AN ELIGIBLE EMPLOYEE MAY TAKE LEAVE PURSUANT TO PARAGRAPHS (a) AND (b) OF SUBSECTION (1) OF THIS SECTION ONLY WITHIN THE FIRST TWELVE MONTHS AFTER THE BIRTH OR PLACEMENT OF THE CHILD AND MAY NOT TAKE SUCH LEAVE INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE UNLESS AGREED TO BY THE EMPLOYER.

(3)  AN ELIGIBLE EMPLOYEE MAY TAKE LEAVE PURSUANT TO PARAGRAPHS (c) AND (d) OF SUBSECTION (1) OF THIS SECTION ONLY AFTER COMPLYING WITH THE REASONABLE NOTICE PROVISIONS SPECIFIED IN SUBSECTION (5) OF THIS SECTION AND THE MEDICAL CERTIFICATION PROVISIONS SPECIFIED IN SECTION 8­10.5­105. IF LEAVE TAKEN UNDER THIS SUBSECTION (3) IS FORESEEABLE, THE EMPLOYER MAY REQUIRE THE ELIGIBLE EMPLOYEE TO TRANSFER TEMPORARILY TO AN AVAILABLE, ALTERNATIVE POSITION FOR WHICH THE ELIGIBLE EMPLOYEE IS QUALIFIED, BUT ONLY IF THAT POSITION HAS EQUIVALENT PAY AND BENEFITS AND ACCOMMODATES RECURRING PERIODS OF LEAVE BETTER THAN THE ELIGIBLE EMPLOYEE'S ORIGINAL POSITION.

(4)  EXCEPT AS OTHERWISE PROVIDED IN FEDERAL, STATE, OR LOCAL LAW, OR AS PROVIDED IN A COLLECTIVE BARGAINING AGREEMENT OR COMPANY POLICY, LEAVE GRANTED PURSUANT TO THIS ARTICLE MAY CONSIST OF UNPAID LEAVE. AN EMPLOYER MAY REQUIRE THE ELIGIBLE EMPLOYEE TO SUBSTITUTE ANY OTHER EARNED LEAVE FOR ANY PART OF THE LEAVE ALLOWED PURSUANT TO SUBSECTION (1) OF THIS SECTION; EXCEPT THAT AN EMPLOYER IS NOT REQUIRED TO PROVIDE PAID SICK LEAVE OR PAID MEDICAL LEAVE IN ANY SITUATION WHERE THE EMPLOYER WOULD NOT NORMALLY PROVIDE PAID LEAVE.

(5)  IN ANY CASE WHERE THE NECESSITY OF LEAVE IS FORESEEABLE, THE ELIGIBLE EMPLOYEE SHALL PROVIDE THE EMPLOYER WITH NOT LESS THAN THIRTY DAYS' NOTICE OR SUCH SHORTER NOTICE AS MAY BE REASONABLE UNDER THE CIRCUMSTANCES. IN ANY CASE INVOLVING A SERIOUS HEALTH CONDITION OF AN ELIGIBLE EMPLOYEE OR A FAMILY MEMBER OF AN ELIGIBLE EMPLOYEE UNDER PARAGRAPH (c) OR (d) OF SUBSECTION (1) OF THIS SECTION, THE ELIGIBLE EMPLOYEE SHALL MAKE ALL REASONABLE EFFORTS TO SCHEDULE TREATMENT SO AS NOT TO DISRUPT THE OPERATIONS OF THE EMPLOYER.

(6)  IN ANY CASE WHERE SPOUSES ARE ELIGIBLE EMPLOYEES WHO ARE EMPLOYED BY THE SAME EMPLOYER AND THEY TAKE LEAVE UNDER PARAGRAPH (a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, SUCH LEAVE SHALL BE LIMITED TO A COMBINED TOTAL OF TWELVE WEEKS FOR BOTH SPOUSES DURING ANY TWELVE­MONTH PERIOD.

8­10.5­105.  Medical certification ­ rules on intermittent leave ­ second and third opinions. (1)  AN EMPLOYER MAY REQUIRE THAT A REQUEST FOR LEAVE PURSUANT TO SECTION 8­10.5­104 (1) (c) OR (1) (d) BE SUPPORTED BY CERTIFICATION ISSUED BY THE HEALTH CARE PROVIDER OF THE ELIGIBLE EMPLOYEE OR OF THE ELIGIBLE EMPLOYEE'S FAMILY MEMBER. THE ELIGIBLE EMPLOYEE SHALL PROVIDE SUCH CERTIFICATION WITHIN A REASONABLE TIME AFTER THE EMPLOYER'S REQUEST. AT A MINIMUM, CERTIFICATION SHALL INCLUDE THE DATE ON WHICH THE SERIOUS HEALTH CONDITION COMMENCED, THE PROBABLE DURATION OF THE CONDITION, AND THE APPROPRIATE MEDICAL FACTS REGARDING THE CONDITION AS KNOWN TO THE HEALTH CARE PROVIDER. THE EMPLOYER MAY REQUIRE SUBSEQUENT RECERTIFICATION ON A REASONABLE BASIS.

(2)  IN ANY CASE WHERE AN EMPLOYER REASONABLY QUESTIONS THE CERTIFICATION PROVIDED BY AN ELIGIBLE EMPLOYEE, AN EMPLOYER MAY REQUIRE THE ELIGIBLE EMPLOYEE, AT THE EMPLOYER'S EXPENSE, TO ACQUIRE AN OPINION OF A SECOND HEALTH CARE PROVIDER CHOSEN BY THE EMPLOYER. IN CIRCUMSTANCES WHERE THE SECOND OPINION IS IN CONFLICT WITH THE FIRST OPINION, THE EMPLOYER MAY REQUIRE THE ELIGIBLE EMPLOYEE, AT THE EMPLOYER'S EXPENSE, TO ACQUIRE A THIRD OPINION BY A HEALTH CARE PROVIDER AGREED UPON BY BOTH THE EMPLOYER AND THE ELIGIBLE EMPLOYEE. A THIRD OPINION SHALL BE FINAL AND BINDING ON BOTH PARTIES.

(3)  THE EXECUTIVE DIRECTOR SHALL ADOPT RULES GOVERNING WHEN AN ELIGIBLE EMPLOYEE MAY TAKE LEAVE PURSUANT TO SECTION 8­10.5­104 (1) (c) OR (1) (d) INTERMITTENTLY OR BY WORKING A REDUCED AMOUNT OF TIME PER WEEK. SUCH RULES SHALL ALLOW TAKING OF SUCH LEAVE TO THE EXTENT PERMITTED BY FEDERAL LAW AND TO THE EXTENT THAT THE LEAVE WILL NOT RESULT IN THE LOSS OF AN EMPLOYEE'S EXEMPT STATUS UNDER THE "FAIR LABOR STANDARDS ACT OF 1938".

8­10.5­106.  Employment and benefits protection. (1)  EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, ANY ELIGIBLE EMPLOYEE WHO TAKES LEAVE PURSUANT TO THIS ARTICLE SHALL BE ENTITLED, UPON RETURN FROM SUCH LEAVE, TO BE RESTORED EITHER TO THE POSITION OF EMPLOYMENT HELD BY THE ELIGIBLE EMPLOYEE WHEN THE LEAVE COMMENCED OR TO AN EQUIVALENT POSITION WITH EQUIVALENT PAY, EMPLOYMENT BENEFITS, AND CONDITIONS OF EMPLOYMENT. EXCEPT FOR EMPLOYMENT BENEFITS USED DURING THE PERIOD OF LEAVE, LEAVE TAKEN PURSUANT TO THIS ARTICLE SHALL NOT RESULT IN THE LOSS OF EMPLOYMENT BENEFITS ACCRUED BEFORE THE DATE ON WHICH LEAVE COMMENCED. AN ELIGIBLE EMPLOYEE ON LEAVE PURSUANT TO THIS ARTICLE SHALL NOT ACCRUE EMPLOYMENT BENEFITS DURING THE PERIOD OF LEAVE.

(2)  BEFORE RESTORING AN ELIGIBLE EMPLOYEE TO A POSITION OF EMPLOYMENT UNDER THIS SECTION, AN EMPLOYER MAY REQUIRE MEDICAL CERTIFICATION, AS DESCRIBED IN SECTION 8­10.5­105, THAT THE ELIGIBLE EMPLOYEE IS ABLE TO RESUME WORK. THE EMPLOYER MAY ALSO REQUIRE AN ELIGIBLE EMPLOYEE WHO IS ON LEAVE PURSUANT TO THIS ARTICLE TO REPORT PERIODICALLY TO THE EMPLOYER ON THE ELIGIBLE EMPLOYEE'S STATUS AND INTENTION TO RETURN TO WORK.

(3)  AN EMPLOYER MAY DENY RESTORATION OF AN ELIGIBLE EMPLOYEE UNDER THIS SECTION IF THE ELIGIBLE EMPLOYEE IS AMONG THE HIGHEST PAID TEN PERCENT OF THE EMPLOYEES EMPLOYED BY THE EMPLOYER WITHIN SEVENTY­FIVE MILES OF THE FACILITY AT WHICH THE ELIGIBLE EMPLOYEE WORKS. AN EMPLOYER MAY ONLY DENY RESTORATION TO SAID EMPLOYEE IF:

(a)  THE EMPLOYER SHOWS THAT SUCH DENIAL IS NECESSARY TO PREVENT SUBSTANTIAL AND GRIEVOUS ECONOMIC INJURY TO THE EMPLOYER'S OPERATIONS;

(b)  THE EMPLOYER NOTIFIES THE ELIGIBLE EMPLOYEE THAT IT INTENDS TO DENY RESTORATION ON THE BASIS OF PARAGRAPH (a) OF THIS SUBSECTION AT THE TIME THE EMPLOYER DETERMINES THAT SUCH INJURY WOULD OCCUR; AND

(c)  IN ANY CASE IN WHICH THE LEAVE HAS COMMENCED, THE ELIGIBLE EMPLOYEE ELECTS NOT TO RETURN TO EMPLOYMENT WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIVING SUCH NOTICE.

(4) (a)  AN EMPLOYER SHALL MAINTAIN HEALTH INSURANCE COVERAGE FOR THE DURATION OF THE LEAVE FOR ANY ELIGIBLE EMPLOYEE TAKING LEAVE UNDER THIS ARTICLE. THE EMPLOYER SHALL MAINTAIN SUCH COVERAGE AT THE SAME LEVEL AND CONDITIONS THAT COVERAGE WOULD HAVE BEEN PROVIDED HAD THE ELIGIBLE EMPLOYEE NOT TAKEN LEAVE.

(b)  AN EMPLOYER MAY RECOVER FROM THE ELIGIBLE EMPLOYEE THE PREMIUM PAID FOR MAINTAINING COVERAGE PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4) IF THE ELIGIBLE EMPLOYEE FAILS TO RETURN TO WORK FOLLOWING LEAVE TAKEN UNDER THIS ARTICLE. THIS PARAGRAPH (b) SHALL NOT APPLY IN THE CASE OF:

(I)  ANY ELIGIBLE EMPLOYEE WHO HAS BEEN DENIED RESTORATION PURSUANT TO SUBSECTION (3) OF THIS SECTION;

(II)  ANY ELIGIBLE EMPLOYEE WHO FAILS TO RETURN TO WORK FOLLOWING LEAVE TAKEN UNDER THIS ARTICLE IF THE REASONS FOR THE FAILURE TO RETURN ARE DUE TO CIRCUMSTANCES BEYOND THE ELIGIBLE EMPLOYEE'S CONTROL; OR

(III)  ANY ELIGIBLE EMPLOYEE WHO FAILS TO RETURN TO WORK FOLLOWING LEAVE TAKEN UNDER THIS ARTICLE IF THERE HAS BEEN A CONTINUATION, RECURRENCE, OR ONSET OF A SERIOUS HEALTH CONDITION THAT WOULD PREVENT THE ELIGIBLE EMPLOYEE FROM PERFORMING THE NORMAL FUNCTIONS OF THE JOB OR WOULD REQUIRE THE CARE OF A FAMILY MEMBER AS SET FORTH IN SECTION 8­10.5­104 (1) (c) OR (1) (d). AN EMPLOYER MAY REQUIRE AN ELIGIBLE EMPLOYEE UNDER THIS SUBPARAGRAPH (III) TO PROVIDE CERTIFICATION OF SAID SERIOUS HEALTH CONDITION AS SET FORTH IN SECTION 8­10.5­105.

8­10.5­107.  Prohibited acts ­ investigative authority ­ enforcement. (1)  IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO INTERFERE WITH, RESTRAIN, OR DENY THE EXERCISE OF OR THE ATTEMPT TO EXERCISE ANY RIGHT UNDER THIS ARTICLE, OR TO DISCHARGE OR IN ANY OTHER WAY DISCRIMINATE AGAINST ANY INDIVIDUAL FOR:

(a)  EXERCISING OR ATTEMPTING TO EXERCISE ANY RIGHT UNDER THIS ARTICLE;

(b)  OPPOSING ANY UNLAWFUL PRACTICE UNDER THIS ARTICLE;

(c)  FILING A CHARGE OR INSTITUTING A PROCEEDING UNDER OR RELATED TO THIS ARTICLE; OR

(d)  COOPERATING WITH OR TESTIFYING IN ANY INQUIRY OR PROCEEDING UNDER OR RELATED TO THIS ARTICLE.

(2) (a)  THE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES BY WHICH THE DEPARTMENT SHALL CARRY OUT ITS DUTIES UNDER THIS ARTICLE.

(b)  THE DIRECTOR SHALL HAVE GENERAL INVESTIGATIVE AUTHORITY UNDER STATE LAW AND SHALL HAVE ALL NECESSARY POWERS TO CARRY OUT THE DUTIES OF THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO, THE POWER TO SUBPOENA RECORDS.

(c)  EACH EMPLOYER SHALL MAKE, KEEP, AND PRESERVE RECORDS REGARDING COMPLIANCE WITH THIS ARTICLE IN ACCORDANCE WITH RULES ISSUED BY THE EXECUTIVE DIRECTOR. AN EMPLOYER SHALL NOT BE REQUIRED TO SUBMIT SUCH RECORDS FOR INSPECTION TO THE DIRECTOR MORE THAN ONCE IN ANY TWELVE­MONTH PERIOD, EXCEPT WHEN THE DIRECTOR HAS REASONABLE CAUSE TO SUSPECT A VIOLATION OF THIS ARTICLE OR THERE IS AN INVESTIGATION OF A PENDING CIVIL ACTION AS SET FORTH IN SUBSECTION (3) OF THIS SECTION.

(3)  ANY EMPLOYER WHO VIOLATES ANY PROVISIONS OF THIS ARTICLE SHALL BE LIABLE TO ANY ELIGIBLE EMPLOYEE AFFECTED BY SUCH VIOLATION FOR ANY REASONABLE DAMAGES INCURRED, SUCH EQUITABLE RELIEF AS MAY BE APPROPRIATE, AND REASONABLE ATTORNEY FEES AND OTHER COSTS. AN ACTION BROUGHT PURSUANT TO THIS SUBSECTION (3) MAY BE BROUGHT ON BEHALF OF ONE OR MORE EMPLOYEES AND OTHER EMPLOYEES SIMILARLY SITUATED. SUCH ACTION MAY BE LIMITED BY ANY ACTIONS BROUGHT BY THE DIRECTOR ON BEHALF OF ANY ELIGIBLE EMPLOYEE OR EMPLOYEES.

(4) (a)  THE DIRECTOR SHALL RECEIVE, INVESTIGATE, AND ATTEMPT TO RESOLVE COMPLAINTS OF VIOLATIONS OF THIS ARTICLE BY USE OF AN EXPEDITED ADMINISTRATIVE PROCEEDING.

(b)  THE DIRECTOR IS AUTHORIZED TO BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO RECOVER THE DAMAGES DESCRIBED IN SUBSECTION (3) OF THIS SECTION. ANY SUMS RECOVERED ON BEHALF OF ELIGIBLE EMPLOYEES AFFECTED BY A VIOLATION OF THIS ARTICLE SHALL BE PAID DIRECTLY TO SAID ELIGIBLE EMPLOYEES. THE DIRECTOR IS ALSO AUTHORIZED TO SEEK INJUNCTIVE RELIEF AGAINST EMPLOYERS WHO ARE IN VIOLATION OF THIS ARTICLE.

(5)  ANY ACTIONS BROUGHT PURSUANT TO SUBSECTION (3) OR (4) OF THIS SECTION SHALL BE FILED NOT LATER THAN TWO YEARS AFTER THE LAST VIOLATION ON WHICH THE ACTION IS BASED; EXCEPT THAT THE TIME FOR FILING SUCH ACTION SHALL BE EXTENDED TO THREE YEARS AFTER THE LAST VIOLATION IF THE VIOLATION IS WILLFUL.

8­10.5­108.  Reasonable notice ­ posting ­ penalty. EACH EMPLOYER SHALL POST AND MAINTAIN IN CONSPICUOUS PLACES ON THE EMPLOYER'S PREMISES REASONABLE NOTICE, AS DESCRIBED BY RULE, OF THE SUBSTANTIVE PROVISIONS OF THIS ARTICLE. ANY WILLFUL VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A ONE HUNDRED DOLLAR CIVIL PENALTY TO BE LEVIED BY THE DIRECTOR IN ADDITION TO ANY RELIEF GRANTED IN ANY ACTION BROUGHT PURSUANT TO SECTION 8­10.5­107 (3) OR (4).

8­10.5­109.  Applicable law. THIS ARTICLE SHALL APPLY ONLY TO THOSE EMPLOYERS AND ELIGIBLE EMPLOYEES NOT SUBJECT TO THE PROVISIONS OF THE FEDERAL "FAMILY AND MEDICAL LEAVE ACT OF 1993", 29 U.S.C. SEC. 2601 AND 29 U.S.C. SEC. 2611 ET SEQ.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.