Overview of Colorado's New Domestic Violence Leave Law

• Publication year: 2002
• Pages: 69
• Citation: Vol. 31 No. 12 Pg. 69

31 Colo.Law. 69 Colorado Lawyer 2002.

2002, December, Pg. 69. Overview of Colorado's New Domestic Violence Leave Law

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69

Vol. 31, No. 12, Pg. 69

The Colorado Lawyer
December 2002
Vol. 31, No. 12 [Page 69]

Specialty Law Columns
Labor and Employment Review
Overview of Colorado's New Domestic Violence Leave Law
by Bill C. Berger

This column is sponsored by the CBA Labor Law Forum Committee to present current issues and topics of interest to attorneys, judges, and legal and judicial administrators on all aspects of labor and employment law in Colorado

Column Editor

John M. Husband of Holland & Hart LLP in Denver - (303) 295-8228

About TheAuthor

This month's article was written by Bill C. Berger, Denver, a shareholder in Stettner, Miller and Cohn, P.C. - (303) 534-0273, bberger@stetmil.com.

This article analyzes Colorado's new domestic violence leave law, which allows up to three days of leave from work for employees who are victims of domestic violence, sexual assault, or stalking. The new law also permits employers to obtain restraining orders.

Domestic violence is an unfortunate and real part of this culture, with its effects reaching even the workplace. Recognizing this, the Colorado legislature recently addressed domestic violence in the workplace in House Bill ("H.B.") 02-1051, which became effective April 19, 2002. Colorado is now one of a minority of states with domestic violence leave laws. California's law currently is the leading example of a domestic violence leave law.

H.B. 02-1051 adds statutory language to the Colorado Revised Statutes in two places. New language in CRS § 13-14-102 specifies that employers have the right to seek restraining orders if an imminent danger exists to their employees. New statutory language in CRS § 24-34-402.7 requires covered employers to provide up to three days of leave each year to employees who are victims of domestic violence. The statute also applies to victims of sexual assault, stalking, and any other crime that includes an act of domestic violence. The statute covers employers that employ at least fifty persons.

Despite the well-intentioned nature of H.B. 02-1051, the new language in CRS § 24-34-402.7 raises significant questions and may leave the law open for substantial litigation. This article reviews these issues. Where appropriate, the article analyzes areas that are ambiguous, often referencing other analogous laws.

Restraining Orders
Available to Employers

H.B. 02-1051 amends CRS § 13-14-102 to allow employers the right to seek restraining orders. This amendment clarifies Colorado laws regarding restraining orders, which many courts interpreted as available only to individuals. An employer now has standing to seek a restraining order "if the judge or magistrate finds that an imminent danger exists to the [business entity's] employees."1 Thus, employers no longer are forced to rely on individuals - presumably employees - to seek restraining orders, each for his or her own individual protection. Further, the law is not limited to domestic violence, inasmuch as employers are permitted to seek restraining orders whenever their employees are in "imminent danger" of violence from any aggressor.

CRS § 13-14-102(4)(b) does not require employers to seek restraining orders. In fact, the statute confirms that "an employer shall not be liable for failing to obtain" a civil restraining order in the name of the business.2 (Emphasis added.)

Domestic Violence
Leave Overview

H.B. 02-1051 adds CRS § 24-34-402.7, which requires that covered employers allow eligible employees "up to three working days of [domestic violence] leave from work in any twelve-month period."3 Such leave is available to victims of "domestic abuse," which is defined as

any act or threatened act of violence that is committed by any person against another person to whom the actor is currently or was formerly related, or with whom the actor is living or has lived in the...