HB 23-1045

HB 23-1045, which has been approved and is now in effect, ensures that employees of both public and private employers who are members of the Colorado National Guard or other military forces can take up to three weeks of leave each year for training or active duty. These employees can use their paid time off if available, or they can take unpaid leave if necessary. The bill also removes previous requirements that these employees be physically and mentally fit to return to work after their leave. This means that employers must now provide this leave to eligible employees without requiring them to prove fitness upon returning from service.

Official Summary

The act clarifies that a member of the Colorado National Guard or any other component of the military forces of the state who is an officer or employee of a public employer is entitled to a leave of absence from employment for training or active state military service for the equivalent of 3 weeks of work on the officer's or employee's regular work schedule each year. The officer or employee is entitled to use any paid leave available to the officer or employee or to use unpaid leave. The act clarifies that a member of the Colorado National Guard or the reserve forces of the United States who is an employee of a private employer is entitled to a leave of absence from employment in order to receive military training with the United States armed forces for the equivalent of 3 weeks of work on the employee's regular work schedule each year. The employee is entitled to use any paid leave available to the employee or to use unpaid leave for the employee's period of absence for military training. The act clarifies that a private employee is entitled to use any paid leave available to the employee or to use unpaid leave in order to engage in active service in the Colorado National Guard. The act repeals the requirement that a public employee or officer not be physically or mentally disabled in order to be reinstated to the employee or officer's public position following a leave of absence for active military service. APPROVED by Governor March 10, 2023 EFFECTIVE March 10, 2023 (Note: This summary applies to this bill as enacted.)

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