As used in this part 5, unless the context otherwise requires:
"Application year" means the 12-month period beginning on the first day of the calendar week in which an individual files an application for family and medical leave insurance benefits.
"Average weekly wage" means one-thirteenth of the wages paid during the quarter ofthe covered individual's base period, as defined in section 8-70-103 (2), or alternative base period, as defined in section 8-70-103 (1.5), in which the total wages were highest. For purposes of calculating average weekly wage, wages include, but are not limited to, salary, wages, tips, commissions, and other compensation as determined by the director by rule.
"Covered individual" means any person who:
(a) (I) Earned at least $2,500 in wages subject to premiums under this part 5 during the person's base period, as defined in section 8-70-103 (2), or alternative base period, as defined in section 8-70-103 (1.5); or
(II) Elects coverage and meets the requirements of section 8-13.3-514;
(b) Meets the administrative requirements outlined in this part 5 and in regulations; and (c) Submits an application with a claim for benefits pursuant to section 8-13.3-516
(6)(d).
"Director" means the director of the division.
"Division" means the division of family and medical leave insurance created in section 8-13.3-508.
"Domestic violence" means any conduct that constitutes "domestic violence" as setforth in section 18-6-800.3 (1) or section 14-10-124 (1.3)(a) or "domestic abuse" as set forth in section 13-14-101 (2).
"Employee" means any individual, including a migratory laborer, performing laboror services for the benefit of another, irrespective of whether the common-law relationship of master and servant exists. For the purposes of this part 5, an individual primarily free from control and direction in the performance of the labor or services, both under the individual's contract for the performance of the labor or services and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the labor or services performed is not an "employee." "Employee" does not include an "employee" as defined by 45 U.S.C. section 351 (d) who is subject to the federal "Railroad Unemployment Insurance Act," 45
U.S.C. section 351 et seq.
(a) "Employer" means any person engaged in commerce or an industry or activity affecting commerce that:
Employs at least one person for each working day during each of twenty or morecalendar workweeks in the current or immediately preceding calendar year; or
Paid wages of one thousand five hundred dollars or more during any calendar quarter in the preceding calendar year.
(b) "Employer" includes:
A person who acts, directly or indirectly, in the interest of an employer with regard toany of the employees of the employer;
A successor in interest of an employer that acquires all of the organization, trade, orbusiness or substantially all of the assets of one or more employers; and (III) The state or a political subdivision of the state.
(c) "Employer" does not include the federal government.
"Family and medical leave insurance benefits" or "benefits" means the benefits provided under the terms of this part 5.
"Family and medical leave insurance program" or "program" means the programcreated in section 8-13.3-516.
"Family member" means:
Regardless of age, a biological, adopted or foster child, stepchild or legal ward, achild of a domestic partner, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor;
A biological, adoptive or foster parent, stepparent or legal guardian of a coveredindividual or covered individual's spouse or domestic partner or a person who stood in loco parentis when the covered individual or covered individual's spouse or domestic partner was a minor child;
A person to whom the covered individual is legally married under the laws of anystate, or a domestic partner of a covered individual as defined in section 24-50-603 (6.5);
A grandparent, grandchild or sibling (whether a biological, foster, adoptive or steprelationship) of the covered individual or covered individual's spouse or domestic partner; or
As shown by the covered individual, any other individual with whom the coveredindividual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.
"Fund" means the family and medical leave insurance fund created in section 8-
13.3-518.
"Health care provider" means any person licensed, certified, or registered underfederal or Colorado law to provide medical or emergency services, including, but not limited to, physicians, doctors, nurses, emergency room personnel, and midwives.
"Local government" has the same meaning as set forth in section 29-1-304.5 (3)(b).
"Paid family and medical leave" means leave taken from employment in connectionwith family and medical leave insurance benefits under this part 5.
"Qualifying exigency leave" means leave based on a need arising out of a coveredindividual's family member's active duty service or notice of an impending call or order to active duty in the armed forces, including, but not limited to, providing for the care or other needs of the military member's child or other family member, making financial or legal arrangements for the military member, attending counseling, attending military events or ceremonies, spending time with the military member during a rest and recuperation leave or following return from deployment, or making arrangements following the death of the military member.
"Retaliatory personnel action" means denial of any right guaranteed under this part5, including, but not limited to, any threat, discharge, suspension, demotion, reduction of hours, or any other adverse action against an employee for the exercise of any right guaranteed in this part 5. "Retaliatory personnel action" also includes interference with or punishment for in any manner participating in or assisting an investigation, proceeding, or hearing under this part 5.
"Safe leave" means any leave because the covered individual or the covered individual's family member is the victim of domestic violence, the victim of stalking, or the victim of sexual assault or abuse. Safe leave under this part 5 applies if the covered individual is using the leave from work to protect the covered individual or the covered individual's family member by:
Seeking a civil protection order to prevent domestic violence pursuant to sections 1314-104.5, 13-14-106, or 13-14-108;
Obtaining medical care or mental health counseling or both for himself or herself orfor his or her children to address physical or psychological injuries resulting from the act of domestic violence, stalking, or sexual assault or abuse;
Making his or her home secure from the perpetrator of the act of domestic violence,stalking, or sexual assault or abuse, or seeking new housing to escape said perpetrator; or
Seeking legal assistance to address issues arising from the act of domestic violence,stalking, or sexual assault or abuse, or attending and preparing for court- related proceedings arising from said act or crime.
"Serious health condition" is an illness, injury, impairment, pregnancy, recoveryfrom childbirth, 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.
"Sexual assault or abuse" means any offense as described in section 16-11.7-102 (3), or sexual assault, as described in section 18-3-402, committed by any person against another person regardless of the relationship between the actor and the victim.
"Stalking" means any act as described in section 18-3-602.
"State average weekly wage" means the state average weekly wage determined inaccordance with section 8-47-106.
Source: Initiated 2020: Entire part added, Proposition 118, effective upon proclamation of the Governor.
Editor's note: This section was originally numbered as 18-13.3-403 in Proposition 118 but was renumbered on revision for ease of location.