Create Legislative Leave Job Protection for General Assembly Members

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House SENATE BILL 26-087 LLS NO. 26-0137.01 Renee Leone x2695 SENATE SPONSORSHIP Wallace and Pelton B., Coleman, Gonzales J., Hinrichsen, Jodeh, Kipp, Lindstedt, Marchman, Weissman HOUSE SPONSORSHIP State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT CONCERNING AUTHORIZING LEGISLATIVE LEAVE FROM EMPLOYMENT DURING A LEGISLATIVE SESSION FOR CERTAIN MEMBERS OF THE GENERAL ASSEMBLY.

April 2, 2026 HOUSE House Committees State, Veterans, & Military Affairs HOUSE Amended 2nd Reading March 30, 2026 Senate Committees 3rd Reading Unamended Nguyen and Lindsay, Stewart R.

The bill authorizes legislative leave and job protection for qualified members of the general assembly (qualified members) who are engaged in employment outside of their duties related to the general assembly. More specifically, the bill states that: ! A qualified member can take a leave of absence from their Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

March 16, 2026 SENATE SENATE Amended 2nd Reading March 13, 2026 (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) 3rd Reading Unamended Bill Summary outside employment during regular and special legislative sessions; A qualified member's outside employer has discretion to grant legislative leave as paid, unpaid, or partially paid; A qualified member's outside employer cannot terminate the qualified member's outside employment on the basis that the qualified member requests or takes legislative leave; and When a qualified member returns to their outside employment following legislative leave, the qualified member is entitled to be restored to the same or an equivalent employment position.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 2-2-328 as follows: 2-2-328. Legislative leave and job protection during legislative session - exception - legislative intent - definitions - repeal.

(1) Legislative intent.

(a) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:

(I) A REPRESENTATIVE DEMOCRACY FUNCTIONS BEST WHEN THE MEMBERSHIP OF THE GENERAL ASSEMBLY REFLECTS THE ECONOMIC, PROFESSIONAL, AND SOCIAL DIVERSITY OF THE PEOPLE IT SERVES;

(II) SERVICE IN THE GENERAL ASSEMBLY IS COMPENSATED AT A LEVEL THAT DOES NOT, ON ITS OWN, PROVIDE A LIVABLE INCOME FOR MANY RESIDENTS OF THE STATE;

(III) AS A RESULT OF LOW LEGISLATIVE COMPENSATION AND THE DEMANDS PARTICULARLY MEMBERS OF THE WORKING CLASS, CAREGIVERS, PUBLIC SERVICE EMPLOYEES, AND THOSE IN NONTRADITIONAL OR HOURLY PROFESSIONS, ARE OFTEN EFFECTIVELY EXCLUDED FROM SEEKING OR HOLDING LEGISLATIVE OFFICE;

OF LEGISLATIVE SERVICE , QUALIFIED INDIVIDUALS ,

(IV) THE ABILITY OF MEMBERS OF THE GENERAL ASSEMBLY TO MAINTAIN OUTSIDE, NONLEGISLATIVE EMPLOYMENT IS ESSENTIAL TO ENSURING THAT LEGISLATIVE SERVICE REMAINS ACCESSIBLE TO INDIVIDUALS FROM DIVERSE ECONOMIC, SOCIAL, AND CULTURAL BACKGROUNDS;

(V) DURING LEGISLATIVE SESSIONS, MEMBERS MAY FACE LOSS OF EMPLOYMENT, INCOME, OR PROFESSIONAL STANDING DUE TO ABSENCES REQUIRED FOR THE PERFORMANCE OF THEIR OFFICIAL LEGISLATIVE DUTIES;

(VI) PROTECTING MEMBERS OF THE GENERAL ASSEMBLY FROM ADVERSE EMPLOYMENT ACTIONS BY NONLEGISLATIVE EMPLOYERS DURING PERIODS OF LEGISLATIVE SESSION SERVES A COMPELLING PUBLIC INTEREST BY REMOVING STRUCTURAL BARRIERS TO PUBLIC SERVICE; AND

(VII) SUCH PROTECTIONS PROMOTE BROADER PARTICIPATION IN GOVERNMENT, REDUCE ECONOMIC BARRIERS TO CANDIDACY AND SERVICE, AND STRENGTHEN PUBLIC CONFIDENCE IN THE LEGITIMACY AND REPRESENTATIVENESS OF THE LEGISLATIVE PROCESS.

(b) IT IS THEREFORE THE INTENT OF THE GENERAL ASSEMBLY TO SAFEGUARD THE RIGHT OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ENGAGE IN LAWFUL, NONLEGISLATIVE EMPLOYMENT WHILE SERVING IN OFFICE AND TO PROTECT SUCH MEMBERS FROM DISCRIMINATION, RETALIATION, OR TERMINATION BY OUTSIDE EMPLOYERS DUE TO ATTENDANCE OR PARTICIPATION IN LEGISLATIVE SESSIONS.

(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "AREA MEDIAN INCOME" MEANS THE MEDIAN INCOME OF THE COUNTY IN WHICH A MEMBER LIVES WHEN THE GENERAL ASSEMBLY IS NOT IN SESSION, IN RELATION TO HOUSEHOLD SIZE, AS ESTABLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

(b) "LEGISLATIVE LEAVE" MEANS A LEAVE OF ABSENCE A QUALIFIED MEMBER IS ENTITLED TO TAKE FROM THEIR OUTSIDE EMPLOYMENT PURSUANT TO THIS SECTION.

(c) "MEMBER" MEANS A MEMBER OF THE GENERAL ASSEMBLY.

(d) "OUTSIDE EMPLOYER" MEANS THE EMPLOYER OF A MEMBER'S OUTSIDE EMPLOYMENT.

(e) "OUTSIDE EMPLOYMENT" MEANS A JOB OR EMPLOYMENT THAT IS NOT OF A TEMPORARY NATURE THAT A MEMBER IS ENGAGED IN OUTSIDE OF THE MEMBER'S DUTIES RELATED TO THE GENERAL ASSEMBLY.

(f) (I) "QUALIFIED MEMBER" MEANS A MEMBER WHO QUALIFIES TO TAKE LEGISLATIVE LEAVE.

(II) TO QUALIFY FOR LEGISLATIVE LEAVE, A MEMBER MUST NOT HAVE AN ANNUAL INDIVIDUAL OR HOUSEHOLD INCOME THAT EXCEEDS ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME.

(3) (a) BEGINNING ON JANUARY 1, 2027, A QUALIFIED MEMBER WHO IS ENGAGED IN OUTSIDE EMPLOYMENT IS ENTITLED TO TAKE LEGISLATIVE LEAVE FROM THEIR OUTSIDE EMPLOYMENT TO FULFILL THE DUTIES OF A LEGISLATOR.

(b) LEGISLATIVE LEAVE:

(I) MUST ONLY LAST FOR THE DURATION THAT THE QUALIFIED MEMBER IS PARTICIPATING IN EITHER A REGULAR OR EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY; AND

(II) MAY BE PAID, UNPAID, OR PARTIALLY PAID AT THE DISCRETION OF THE QUALIFIED MEMBER'S OUTSIDE EMPLOYER.

(4) A QUALIFIED MEMBER WHO PLANS TO TAKE LEGISLATIVE LEAVE SHALL GIVE THEIR OUTSIDE EMPLOYER WRITTEN NOTICE OF THEIR INTENT TO TAKE LEGISLATIVE LEAVE:

(a) NO LATER THAN THIRTY DAYS BEFORE THE BEGINNING OF A REGULAR SESSION OF THE GENERAL ASSEMBLY; AND

(b) AS SOON AS PRACTICABLE BEFORE THE BEGINNING OF AN EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY.

(5) (a) AN OUTSIDE EMPLOYER SHALL NOT TERMINATE A QUALIFIED MEMBER'S OUTSIDE EMPLOYMENT ON THE BASIS THAT THE QUALIFIED MEMBER REQUESTS OR TAKES LEGISLATIVE LEAVE.

(b) UPON RETURN TO THEIR OUTSIDE EMPLOYMENT FOLLOWING LEGISLATIVE LEAVE, A QUALIFIED MEMBER IS ENTITLED TO BE RESTORED TO THE SAME OR AN EQUIVALENT EMPLOYMENT POSITION WITH EQUIVALENT BENEFITS, SENIORITY, PAY, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. NOTHING IN THIS SECTION ENTITLES THE QUALIFIED MEMBER TO:

(I) THE ACCRUAL OF ANY SENIORITY OR OTHER OUTSIDE EMPLOYMENT BENEFITS, INCLUDING SICK AND ANNUAL LEAVE, DURING LEGISLATIVE LEAVE; OR

(II) ANY RIGHT, BENEFIT, OR POSITION OF EMPLOYMENT OTHER THAN THAT WHICH THE QUALIFIED MEMBER WOULD HAVE BEEN ENTITLED TO HAD THE MEMBER NOT TAKEN LEGISLATIVE LEAVE.

(6) THIS SECTION DOES NOT RELIEVE A QUALIFIED MEMBER WHO TAKES LEGISLATIVE LEAVE PURSUANT TO THIS SECTION OF THE QUALIFIED MEMBER'S CONSTITUTIONAL DUTY SET FORTH IN SECTION 2 OF ARTICLE XII OF THE STATE CONSTITUTION.

(7) AN OUTSIDE EMPLOYER IS NOT SUBJECT TO THIS SECTION IF THE OUTSIDE EMPLOYER MUST MAINTAIN THE NONPARTISAN ROLE OF THE OUTSIDE EMPLOYER'S ELECTION-RELATED STAFF.

NONPARTISAN LEGISLATIVE, JUDICIAL, OR

(8) (a) NOTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, A QUALIFIED MEMBER WHO IS ACTIVELY SERVING A FOUR-YEAR TERM IN THE GENERAL ASSEMBLY AT THE TIME OF THE EFFECTIVE DATE OF THIS SECTION IS ONLY ELIGIBLE TO TAKE LEGISLATIVE LEAVE PURSUANT TO THIS SECTION ON AND AFTER JANUARY 1, 2029.

(b) THIS SUBSECTION (8) IS REPEALED SEPTEMBER 1, 2029.

(9) NOTWITHSTANDING SUBSECTIONS (3) AND (5) OF THIS SECTION, AN OUTSIDE EMPLOYER MAY CHOOSE TO OPT OUT FROM PROVIDING LEGISLATIVE LEAVE TO A QUALIFIED MEMBER.

SECTION 2. In Colorado Revised Statutes, 24-50-104, add (7)(e) as follows: 24-50-104. Job evaluation and compensation - state employee reserve fund - created - study - report - definitions.

(7) Leaves - definition.

(e) (I) A QUALIFIED MEMBER OF THE GENERAL ASSEMBLY IS ENTITLED TO TAKE LEGISLATIVE LEAVE AS SPECIFIED IN SECTION 2-2-328.

(II) AS USED IN THIS SUBSECTION (7)(e), UNLESS THE CONTEXT OTHERWISE REQUIRES, "QUALIFIED MEMBER" HAS THE MEANING SET FORTH IN SECTION 2-2-328 (2)(f).

SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.