First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0652.01 Conrad Imel x2313
HOUSE BILL 23-1045
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING LEAVE FROM EMPLOYMENT FOR STATE MILITARY101
SERVICE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill clarifies that a member of the Colorado National Guard or
any other component of the military forces of the state who is an officer
or employee of a public employer is entitled to a leave of absence from
employment for training or active state military service for the equivalent
of 3 weeks of work on the officer's or employee's regular work schedule
each year. The officer or employee is entitled to use any paid leave
HOUSE
2nd Reading Unamended
January 30, 2023
HOUSE SPONSORSHIP
Evans, Marshall, Martinez
SENATE SPONSORSHIP
Pelton B.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. available to the officer or employee or to use unpaid leave.
The bill clarifies that a member of the Colorado National Guard or
the reserve forces of the United States who is an employee of a private
employer is entitled to a leave of absence from employment in order to
receive military training with the United States armed forces for the
equivalent of 3 weeks of work on the employee's regular work schedule
each year. The employee is entitled to use any paid leave available to the
employee or to use unpaid leave for the employee's period of absence for
military training.
The bill clarifies that a private employee is entitled to use any paid
leave available to the employee or to use unpaid leave in order to engage
in active service in the Colorado National Guard.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 28-3-601, amend (1)2
as follows:3
28-3-601. Public employees - annual military leave. (1) Subject4
to the conditions prescribed in sections 28-3-601 to 28-3-607, any officer5
or employee of the state or of any political subdivision, municipal6
corporation, or other public agency of the state who is a member of the7
National Guard or any other component of the military forces of the state8
organized or constituted under state or federal law or who is a member of9
the reserve forces of the United States, organized or constituted under10
federal law, is entitled to leave of absence from his or her
THE OFFICER'S11
OR EMPLOYEE'S public office or employment without loss of pay,12
seniority, status, efficiency rating, vacation, sick leave, or other benefits13
for all the time when he or she THE ENTIRE TIME THE OFFICER OR14
EMPLOYEE is engaged with such organization or component in training or15
active service ordered or authorized by proper authority pursuant to law,16
whether for state or federal purposes, but not exceeding fifteen days THE17
EQUIVALENT OF THREE WEEKS OF WORK ON THE OFFICER 'S OR EMPLOYEE'S18
REGULAR WORK SCHEDULE in the leave year established by the employer.19
1045-2- Such leave shall be allowed THE EMPLOYER SHALL ALLOW THE LEAVE if1
the required military service is satisfactorily performed, which shall be IS2
presumed unless the contrary is established.3
SECTION 2. In Colorado Revised Statutes, amend 28-3-602 as4
follows:5
28-3-602. Public employees - extended military leave. A
N6
OFFICER OR EMPLOYEE WHO IS TAKING A LEAVE OF ABSENCE DESCRIBED7
IN SECTION 28-3-601 (1) IS ENTITLED TO USE ANY PAID LEAVE AVAILABLE8
TO THE OFFICER OR EMPLOYEE OR TO USE UNPAID LEAVE . If any such
AN9
officer or employee
USES PAID LEAVE AND is required by proper authority10
to continue in such
military service beyond the time for which THE11
OFFICER OR EMPLOYEE HAS AVAILABLE PAID leave, with pay is allowed,12
he or she THE OFFICER OR EMPLOYEE is entitled to leave of absence from13
his or her THE OFFICER'S OR EMPLOYEE'S public office or employment14
without pay for all such additional service with right of reinstatement15
thereafter upon the same conditions as provided in section 28-3-604 for16
reinstatement after active service in time of war or other emergency.17
SECTION 3. In Colorado Revised Statutes, amend 28-3-603 as18
follows:19
28-3-603. Public employees - emergency military leave. Subject20
to the conditions prescribed in this section, any officer or employee of the21
state or of any political subdivision, municipal corporation, or other22
public agency of the state who engages in active military service in time23
of war or other emergency declared by proper authority of the state or the24
United States, for which leave is not otherwise allowed by law
OR25
PERMITTED BY THE OFFICER'S OR EMPLOYEE'S EMPLOYER, is entitled to26
leave of absence from his or her
THE OFFICER'S OR EMPLOYEE'S public27
1045
-3- office or employment without pay during such THE service with right of1
reinstatement as provided in section 28-3-604.2
SECTION 4. In Colorado Revised Statutes, amend 28-3-609 as3
follows:4
28-3-609. Private employees - annual military leave. Any5
person who is a duly qualified member of the Colorado National Guard6
or the reserve forces of the United States who, in order to receive military7
training with the armed forces of the United States, not to exceed fifteen8
days THE EQUIVALENT OF THREE WEEKS OF WORK ON THE PERSON 'S9
REGULAR WORK SCHEDULE in any one calendar year, leaves a position10
other than a temporary position in the employ of an employer, and who11
gives evidence of the satisfactory completion of such THE training, and12
who is still qualified to perform the duties of such THE PERSON'S position,13
is entitled to be restored to his or her THE PERSON'S previous or a similar14
position in the same status, pay, and seniority. and such period of absence15
for military training shall be construed as an absence with leave and16
without pay. THE PERSON IS ENTITLED TO USE ANY PAID LEAVE AVAILABLE17
TO THE PERSON OR TO USE UNPAID LEAVE FOR THE PERSON 'S PERIOD OF18
ABSENCE FOR MILITARY TRAINING.19
SECTION 5. In Colorado Revised Statutes, amend 28-3-610.520
as follows:21
28-3-610.5. Private employees - state service - reemployment22
rights - benefits retained. (1) A private employee who is a duly23
qualified member of the Colorado National Guard who leaves or who is24
absent from his or her THE EMPLOYEE'S employment, regardless of the25
length of such THE absence, in order to engage in active service for state26
purposes pursuant to section 28-3-104:27
1045
-4- (a) Is entitled to the reemployment rights for members described1
in section 28-3-609, so long as such member THE EMPLOYEE otherwise2
meets the requirements of section 28-3-609; and3
(b) Retains his or her THE right to the employee benefits described4
in section 28-3-610;
AND5
(c) I
S ENTITLED TO USE ANY PAID LEAVE AVAILABLE TO THE6
EMPLOYEE OR TO USE UNPAID LEAVE .7
SECTION 6. Safety clause. The general assembly hereby finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety.10
1045
-5-