(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:
Is the employee's partner in a civil union, as defined in section 14-15-103 (5), C.R.S.;or
Is the employee's domestic partner and:
Has registered the domestic partnership with the municipality in which the personresides or with the state, if applicable; or
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:
Increase the total amount of leave to which an employee is entitled during a twelvemonth period under the FMLA, this section, or both; and
Preclude an employer from granting an employee an amount of leave that exceedsthe total amount of leave to which the employee is entitled during a twelve-month period under the FMLA.
Source: L. 2013: Entire part added, (HB 13-1222), ch. 157, p. 509, §1, effective August 7.