Colorado has enacted a law that makes it illegal for an employer to fire or discriminate against you for taking time off from work to testify in criminal court (Colorado Revised Statute 24-4.1-303(8)). This law applies only if you are actually testifying at a trial, not if you are preparing for trial. If your employer threatens to fire you or discriminates against you for taking time off to testify in criminal court, you should notify the prosecutor or your victim advocate and ask for assistance.
(NOTE: A bill was introduced in the 2002 Colorado legislative session allowing employees to take up to 30 days from work in any 12-month period, whether paid or unpaid, if the employee is the victim of domestic abuse, stalking, sexual abuse, or any other crime involving domestic violence. This leave applies to time needed to seek a civil protective order; obtain medical and mental health care for the employee and his/her children; locate safe housing; or seek legal assistance. Check with Legislative Services on progress of Bill.)
There is no law that gives you the right to take time off of work to get a restraining order or to participate in civil court (divorce, custody, support, protective orders, etc). If you are in a union and are subject to the terms of a collective bargaining agreement, then the agreement will tell you the type and manner in which the time off should be taken.
Family and Medical Leave Act (FMLA)
A victim of domestic violence can experience emotional and physical abuse that can result in serious medical problems. If you have serious health problems because of domestic violence, then you may have a right to leave work under the federal guidelines of the Family and Medical Leave Act (FMLA).
Your employer is covered by the FMLA if it is a public or government employer or a private employer with 50 or more employees. FMLA is complicated and you should talk to an attorney or your employer for more information.
You must meet the following conditions to be eligible for FMLA:
· you have worked for your employer at least 12 months (this includes part-time or temporary work); and
· you have worked at least 1,250 hours (an average of 25 hours per week) during the 12 months before the leave; and
· you work at a worksite with at least 50 employees within a 75-mile radius; and
· you have a serious health condition; or
· aspouse, parent, or child has a serious health condition; or
· you are pregnant and need time off for birth and care of the newborn; or
· you are adopting a child or having a foster child placed in your home.
Leave covered under FMLA is unpaid unless another form of paid leave applies (for example, sick or vacation time, workers’ compensation, or state disability insurance).
Under FMLA, a serious health condition is an illness, injury, impairment, physical condition, or mental condition which causes a period of incapacity (meaning that you cannot work, attend school, or perform other regular daily activities) and which requires at least one of the following:
· An overnight stay in a hospital, hospice, or residential medical-care facility; or
· Continuing treatment by a health care provider. A health care provider includes: a licensed medical doctor, clinical psychologist, optometrist, licensed nurse practitioner and nurse-midwife, clinical social worker, and chiropractor (depending on the kind of treatment they provide). Continuing treatment means at least a three-day absence from work and treatment by a health care provider.
Under FMLA, you have certain rights. Your employer:
· may not fire you for taking up to 12 weeks of leave in a 12-month period;
· must give you the same or equivalent job after you return from your leave (same pay, benefits, and working conditions), if you return within 12 weeks in a 12-month period, and;
· must maintain your health insurance benefits as if you were continuously employed, if you have them, during your leave.
It is illegal for your employer to refuse to hire or promote you because you have taken or will taken time off under FMLA.
If you take a family/medical leave, your employer is allowed to ask you for:
· medical certification from a health care provider (doctor’s note) regarding your serious health condition
· second and third opinions from a health care provider (at employer’s expense)
· periodic re-certification (updated doctor’s note) if the original certification expires
· periodic reports during the leave about your status and intent to return to work
· amedical fitness for duty certification before you return to work (This certification should relate to your ability to perform your job duties.)
Your Obligations
You must give your employer 30-days notice before taking leave that you know about, such as for major surgery scheduled in advance. If you need leave suddenly or if there is a medical emergency, you or a family member must tell your employer as soon as possible, usually within a couple of days. You should notify your employer in writing of your need for a family/medical leave, and make sure to have written proof of your employer’s response.
You are not required to make known your diagnosis to your employer, but you must give your employer enough information to verify that you have a serious health condition that prevents you from doing your job.
Be sure that you understand your employer’s rules for family/medical leave before you take leave. Ask your employer for a written description of your rights and responsibilities for FMLA leave.
Either you may choose or your employer may require you to use paid vacation, sick leave, or personal leave during your leave for your own serious health condition.
If you take another form of paid leave, such as paid disability leave or workers’ compensation leave, your employer may not require you also to use sick or vacation time during the paid leave if that time off is also determined as FMLA leave.
Disability Leave
· In certain cases, a permanent physical or mental impairment may be a disability as defined by the Americans with Disabilities Act (ADA). Unpaid leave may be a reasonable accommodation of a disability in some circumstances. Your employer also may offer paid temporary disability leave which is usually paid through insurance coverage.
· The ADA is a complicated law, and meeting the requirements is sometimes difficult. The Web site http://www.jan.wvu.edu/links/adalinks.htm has useful information about the ADA and some frequently asked questions concerning FMLA and the ADA. It would be best to consult your employer or an attorney.
Workers’ Compensation Leave
· Workers’ compensation laws require an employer to have insurance coverage to protect his or her employees who are injured in the course and scope of their employment. You may be eligible for workers’ compensation if you are injured on the job.
Leave Specified By Contract
· Family/medical leave laws establish minimum family/medical leave rights. Your employer may provide family/medical leave benefits under a union contract, other contract, policy, or practice. Contact your employer to find out what benefits are available.
If you have questions about employment law, your local office of the U.S. Department of Labor, Wage and Hour Division (you can check the U.S. Government listing at the front of your local telephone directory) or a local employment attorney may provide you with help. In Colorado, check with the Colorado Department of Labor. Time limits apply, so you should act immediately if you think that your rights have been violated.
Employment law and benefits are very complicated. It is advised that you seek legal advice.
(Source CBA2)
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