HOUSE BILL 23-1045
BY REPRESENTATIVE(S) Evans, Marshall, Martinez, Armagost, Bacon,
Bird, Boesenecker, Bottoms, Bradfield, Bradley, Daugherty, DeGraaf,
deGruy Kennedy, Dickson, Duran, English, Epps, Frizell, Garcia,
Gonzales-Gutierrez, Hamrick, Hartsook, Herod, Jodeh, Joseph, Kipp,
Lindstedt, Lukens, Lynch, Mabrey, McLachlan, Ortiz, Parenti, Pugliese,
Ricks, Sharbini, Snyder, Soper, Story, Taggart, Titone, Valdez, Velasco,
Weinberg, Weissman, Willford, Wilson, Winter T., Woodrow, Young,
McCluskie, Brown, Catlin, Froelich, Holtorf, Lindsay, Mauro, McCormick,
Michaelson Jenet;
also SENATOR(S) Pelton B. and Hinrichsen, Bridges, Coleman, Exum,
Gardner, Ginal, Gonzales, Hansen, Jaquez Lewis, Kirkmeyer, Kolker,
Liston, Lundeen, Marchman, Moreno, Mullica, Pelton R., Priola, Rich,
Roberts, Rodriguez, Smallwood, Sullivan, Van Winkle, Will, Winter F.,
Zenzinger, Fenberg.
C
ONCERNING LEAVE FROM EMPLOYMENT FOR STATE MILITARY SERVICE .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 28-3-601, amend (1)
as follows:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 28-3-601. Public employees - annual military leave. (1) Subject
to the conditions prescribed in sections 28-3-601 to 28-3-607, any officer
or employee of the state or of any political subdivision, municipal
corporation, or other public agency of the state who is a member of the
National Guard or any other component of the military forces of the state
organized or constituted under state or federal law or who is a member of
the reserve forces of the United States, organized or constituted under
federal law, is entitled to leave of absence from his or her
THE OFFICER'S OR
EMPLOYEE
'S public office or employment without loss of pay, seniority,
status, efficiency rating, vacation, sick leave, or other benefits for all thetime when he or she THE ENTIRE TIME THE OFFICER OR EMPLOYEE is engaged
with such organization or component in training or active service ordered
or authorized by proper authority pursuant to law, whether for state or
federal purposes, but not exceeding fifteen days
THE EQUIVALENT OF THREE
WEEKS OF WORK ON THE OFFICER
'S OR EMPLOYEE'S REGULAR WORK
SCHEDULE
in the leave year established by the employer. Such leave shall
be allowed THE EMPLOYER SHALL ALLOW THE LEAVE if the required military
service is satisfactorily performed, which shall be IS presumed unless the
contrary is established.
SECTION 2. In Colorado Revised Statutes, amend 28-3-602 as
follows:
28-3-602. Public employees - extended military leave. A
N OFFICER
OR EMPLOYEE WHO IS TAKING A LEAVE OF ABSENCE DESCRIBED IN SECTION
28-3-601 (1) IS ENTITLED TO USE ANY PAID LEAVE AVAILABLE TO THE
OFFICER OR EMPLOYEE OR TO USE UNPAID LEAVE
. If any such
AN officer or
employee
USES PAID LEAVE AND is required by proper authority to continue
in such
military service beyond the time for which THE OFFICER OR
EMPLOYEE HAS AVAILABLE PAID
leave, with pay is allowed, he or she
THE
OFFICER OR EMPLOYEE
is entitled to leave of absence from his or her
THE
OFFICER
'S OR EMPLOYEE'S public office or employment without pay for all
such
additional service with right of reinstatement thereafter upon the same
conditions as provided in section 28-3-604 for reinstatement after active
service in time of war or other emergency.
SECTION 3. In Colorado Revised Statutes, amend 28-3-603 as
follows:
28-3-603. Public employees - emergency military leave. Subject
PAGE 2-HOUSE BILL 23-1045 to the conditions prescribed in this section, any officer or employee of the
state or of any political subdivision, municipal corporation, or other public
agency of the state who engages in active military service in time of war or
other emergency declared by proper authority of the state or the United
States, for which leave is not otherwise allowed by law
OR PERMITTED BY
THE OFFICER
'S OR EMPLOYEE'S EMPLOYER, is entitled to leave of absence
from his or her
THE OFFICER'S OR EMPLOYEE'S public office or employment
without pay during such THE service with right of reinstatement as provided
in section 28-3-604.
SECTION 4. In Colorado Revised Statutes, 28-3-604, amend (1)
introductory portion; and repeal (1)(b) as follows:
28-3-604. Reinstatement. (1) Except as otherwise provided in
sections 28-3-601 to 28-3-607, upon the completion of such service, such
AN officer or employee shall MUST be reinstated in the public position
which he or she THAT THE OFFICER OR EMPLOYEE held at the time of entry
into such service or a public position of like seniority, status, and pay if
such
A POSITION is available at the same salary which he or she THAT THE
OFFICER OR EMPLOYEE
would have received if he or she
THE OFFICER OR
EMPLOYEE
had not taken such
THE leave upon the following conditions:
(b) That he or she is not physically or mentally disabled from
performing the duties of such position;
SECTION 5. In Colorado Revised Statutes, amend 28-3-609 as
follows:
28-3-609. Private employees - annual military leave. Any person
who is a duly qualified member of the Colorado National Guard or the
reserve forces of the United States who, in order to receive military training
with the armed forces of the United States, not to exceed fifteen days
THE
EQUIVALENT OF THREE WEEKS OF WORK ON THE PERSON
'S REGULAR WORK
SCHEDULE
in any one calendar year, leaves a position other than a temporary
position in the employ of an employer, and who gives evidence of the
satisfactory completion of such THE training, and who is still qualified to
perform the duties of such THE PERSON'S position, is entitled to be restored
to his or her THE PERSON'S previous or a similar position in the same status,
pay, and seniority. and such period of absence for military training shall be
construed as an absence with leave and without pay. THE PERSON IS
PAGE 3-HOUSE BILL 23-1045 ENTITLED TO USE ANY PAID LEAVE AVAILABLE TO THE PERSON OR TO USE
UNPAID LEAVE FOR THE PERSON
'S PERIOD OF ABSENCE FOR MILITARY
TRAINING
.
SECTION 6. In Colorado Revised Statutes, amend 28-3-610.5 as
follows:
28-3-610.5. Private employees - state service - reemployment
rights - benefits retained. (1) A private employee who is a duly qualified
member of the Colorado National Guard who leaves or who is absent from
his or her THE EMPLOYEE'S employment, regardless of the length of such
THE absence, in order to engage in active service for state purposes pursuant
to section 28-3-104:
(a) Is entitled to the reemployment rights for members described in
section 28-3-609, so long as such member THE EMPLOYEE otherwise meets
the requirements of section 28-3-609; and
(b) Retains his or her THE right to the employee benefits described
in section 28-3-610;
AND
(c) IS ENTITLED TO USE ANY PAID LEAVE AVAILABLE TO THE
EMPLOYEE OR TO USE UNPAID LEAVE
.
SECTION 7. Safety clause. The general assembly hereby finds,
PAGE 4-HOUSE BILL 23-1045 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 23-1045