41 • a document from a health or social services provider if services were received and document can be obtained in reasonable time and without added expense; • otherwise the employee’s own writing. 6. To document that an employee (or an employee’s family member) required leave for a need related to domestic abuse, sexual assault, or criminal harassment, an employee may provide: • a document or writing under above (e.g. from a provider of legal or shelter services) or • or a legal document (e.g., a restraining order or police report). 7. If an employer reasonably deems an employee’s documentation deficient, the employer must: • notify the employee within seven days of either receiving the documentation or the employee’s return to work or separation (whichever is sooner), and • give the employee at least seven days to cure the deficiency. 8. Incremental use. Depending on employer policy, employees can use leave in either hourly or six-minute increments. 9. Employee Privacy. Employers cannot require employees to disclose “details” about an employee’s (or their family’s) HFWA-related health or safety information; such information must be treated as a confidential medical record. 10. Records must be provided upon request. Employers must provide documentation of the current amount of paid leave employees have • available for use • already used during the current benefit year, including any supplemental PHE leave. Information may be requested once per month or when the need for HFWA leave arises. E. Retaliation or Interference with HFWA Rights 1. Paid leave cannot be counted as an “absence” that may result in firing or another kind of adverse action. 2. An employee can’t be required to find a “replacement worker” or job coverage when taking paid leave. • An employer cannot fire, threaten, or otherwise retaliate against, or interfere with use of leave by, an employee who: • requests or takes HFWA leave; • informs or assists another person in exercising HFWA rights; • files a HFWA complaint; or • cooperates/assists in investigation of a HFWA violation. 3. If an employee’s reasonable, good-faith HFWA complaint, request, or other activity is incorrect, an employer need not agree or grant it, but cannot act against the employee for it. Employees can face consequences for misusing leave. Complaint Rights. Violations may be reported to the State of Colorado Department of Labor and Employment Division of Labor Standards and Statistics as complaints or anonymous tips, or may be filed as in court after exhausting pre-lawsuit remedies. For full versions of these laws, more detailed fact sheets, or questions, information, or complaints as to these or other labor laws, contact: Division of Labor Standards and Statistics, coloradolaborlaw.gov, cdle_labor_standards@state.co.us, 303-318-8441/ 888-390-7936.
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