(1) An employee is entitled to:
Use paid sick leave consistent with this part 4;
File a complaint or inform any person about an employer's alleged violation of thispart 4;
Cooperate with the division in its investigation of an alleged violation of this part 4;and
Inform any person of the person's potential rights under this part 4.
(2) (a) An employer shall not take retaliatory personnel action or discriminate against an employee or former employee because the person has exercised, attempted to exercise, or supported the exercise of rights protected under this part 4, including the right to request or use paid sick leave pursuant to this part 4; the right to file a complaint with the division or court or inform any person about any employer's alleged violation of this part 4; the right to participate in an investigation, hearing, or proceeding or cooperate with or assist the division in its investigations of alleged violations of this part 4; and the right to inform any person of the person's potential rights under this part 4.
(b) It is unlawful for an employer to count paid sick leave taken by an employee pursuant to this part 4 as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other retaliatory personnel action against the employee.
The protections of this section apply to any person acting in good faith who alleges aviolation of this part 4, even if the allegation is determined to be mistaken.
The division shall investigate each claim of denial of paid sick leave in violation ofthis part 4. The division may investigate claims of retaliation in violation of this part 4.
If an investigation of employer retaliation or interference with employee rights yieldsa determination that:
Rights of multiple employees have been violated, the violation as to each employeeis a separate violation for purposes of fines, penalties, or other remedies;
A violation cost an employee the employee's job or pay, the determination may include an order to reinstate the employee, to pay the employee's lost pay until reinstatement or for a reasonable period if reinstatement is determined not to be feasible, or both.
(6) Determinations made by the division under this section are appealable pursuant to section 8-4-111.5 and rules promulgated by the department regarding appeals and strategic enforcement.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1451, § 1, effective July 14.