Colorado Emergency Responder
Colorado Emergency Responder (Colorado Qualified Volunteers C.R.S. 24-33.5-825, C.R.S. 24-33.5-826)
NOTE: This leave will not appear on claims if your organization has chosen not to administer it.
Covered Employers: All employers, both public and private
Employee Eligibility: Any qualified volunteer who is called into service by a volunteer organization. An employee is a "qualified volunteer" if they are a member of a qualified volunteer organization list created and maintained by the department of local affairs; the volunteer is called into service through the organization under the authority of the country sheriff, local government, local emergency planning committee, or state agency to volunteer in a disaster; and the volunteer receives the appropriate verification from the executive director of the department of local affairs.
Entitlement: Employers must provide 15 work days in a calendar year of job-protected leave to qualified volunteers who are called into service by a volunteer organization for a disaster.
Employer Notice: Not specified
Employee Notice: Not specified
Obligation to Provide Certifications or Documents Supporting Need for Leave: Public employees = None; Private employees must provide proof that he or she is a qualified volunteer pursuant to section 24-33.5-824 (2).
Paid?: Public employees - Yes; Private employees - No
Benefits: No loss of seniority, status, efficiency rating, vacation, sick leave, or other benefits.
Reinstatement: Public employees - shall be reinstated to their original position; Private employees - shall be reinstated to their original or similar position
Other Important Definitions/Requirements:
An employer shall not be required to provide leave pursuant to this section to more than twenty percent of the employer's employees on any work day.
Public employees are only entitled to this leave if they return to work the next scheduled workday after being relieved from emergency volunteer service unless unable due to injury or circumstances beyond the employee's control and the employee notifies the employer as soon as practicable, but prior to the next scheduled workday. Private employees are only entitled to this leave if they return to work as soon as practicable after being relieved from emergency volunteer service.
An employer shall not be required to allow leave pursuant to this section for any employee designated as an essential employee, meaning an employee who the employer deems to be essential to the operation of the employer's daily enterprise and whose absence would likely cause the employer to suffer economic injury.
Relationship with Other Leave: None
Absence Specifications
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Note |
Colorado law also addresses situations where an employee responds to a fire and that leave is for the duration of the emergency. An employee who is a volunteer firefighter and responds to an emergency as a "Qualified Volunteer" is covered under this leave. |