Colorado--Laws Relating to Pregnancy


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Prohibitions against Pregnancy Discrimination

It is an unlawful employment practice to discriminate based on sex. [1] Sex discrimination includes discrimination based on pregnancy, childbirth, and related conditions. [2]

For the text of the statute, click here.

For the text of the case, click here.

Pregnancy Accommodation

Colorado does not provide additional protections to the federal law.

Pregnancy-related Disability Accommodation

Colorado does not accommodate pregnancy or its attendant medical conditions as a disability.

Breastfeeding Rights

All employers with one or more employee shall provide reasonable unpaid break time or permit an employee to use paid break time each day to allow the employee to express breast milk for up to two years after birth. The employer must make reasonable efforts to provide a room, other than a toilet stall, close to the work area, for an employee to express breast milk in private. An employer that makes reasonable efforts to accommodate the employee shall be deemed in compliance with the law.[3]

For the text of the statute, click here.

Family and Childcare Leave Laws

State Employers – Family Leave

A full-time employee who has worked at least one year of total state service will earn up to 520 hours per fiscal year family leave. If part time, the amount of leave is prorated based on the regular appointment or schedule.[4]

For the text of the statute, click here.

State Employers - Sick leave

Accrued sick leave may also be used for the health needs of the employee’s child who is under the age of 18 or an adult child incapable of self care.[5]

For the text of the statute, click here.

All Employers – Adoptive Parent Leave

An employer who permits paternity or maternity time off for parents following the birth of a child shall make such time off available for individuals adopting a child. Requests for additional leave due to the adoption of an ill child or a child with a disability shall be considered on the same basis as comparable cases accompanying the birth of such a child to an employee or employee's spouse.

For the text of the statute, click here.

All Employers – School Activity Leave

An employee is entitled to take unpaid leave, not to exceed six hours in one month and not to exceed eighteen hours in any academic year, for the purpose of attending an academic activity for or with the employee’s child. In the alternative, an employer and employee may make an arrangement allowing the employee to work the hours of paid leave taken within the same work week. An employer may limit the employee’s ability to take leave in cases of emergency or other situations that may endanger a person’s health or safety or in a situation where the absence would result in a halt of service or production.

An employee shall make a reasonable attempt to schedule academic activities outside of regular work hours. In order to take leave, an employee shall provide the employer with notice at least one week in advance. An employee or employer may elect to substitute accrued paid vacation, sick leave, personal leave, or other paid leave.[6]

For the text of the statute, click here.

Family and Childcare Leave Laws

Employees are entitled to FMLA leave to care for a family member or domestic partner with a serious health condition.[7]

For the text of the statute, click here.

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

Copyright 2013 Legal Momentum

[1] Colo. Rev. Stat. § 24-34-402

[2] See Colorado Civil Rights Comm'n v. Travelers Ins. Co., 759 P.2d 1358 (Colo. 1988)

[3] Colo. Rev. Stat. § 8-13.5-104

[4] 4 Colo. Code. Regs. 801(5-25)

[5] 4 Colo. Code. Regs. 801(5-5)

[6] Colo. Rev. Stat. § 8-13.3-103

[7] Colo. Rev. Stat. § 8-13.3-203