Deny Leave for Domestic Violence?

Q. My boss denied my request for a couple of days of leave so I can get a restraining order against my ex-husband, who has been stalking me and threatening my safety. I work in Colorado for a private retail business. I am afraid for my safety and my boss won't let me take leave to get help. Can my boss do that?

A. Probably not. Under Colorado law, employers shall permit an employee to request or take up to three working days of leave from work in any twelve-month period, with or without pay, if the employee is the victim of domestic abuse, the victim of stalking, the victim of sexual assault, as these terms are defined by law. This section shall only apply if such employee is using the leave from work to protect himself or herself by:

1. Seeking a civil protection order to prevent domestic abuse;

2. Obtaining medical care or mental health counseling or both for himself or herself or for his or her children to address physical or psychological injuries resulting from the act of domestic abuse, stalking, or sexual assault or other crime involving domestic violence;

3. Making his or her home secure from the perpetrator of the act of domestic abuse, stalking, or sexual assault or other crime involving domestic violence or seeking new housing to escape said perpetrator; or

4) Seeking legal assistance to address issues arising from the act of domestic abuse, stalking, or sexual assault or other crime involving domestic violence and attending and preparing for court-related proceedings arising from said act or crime.

Your employer may require you to exhaust any and all annual or vacation leave, personal leave, and sick leave that may be available to you, unless the employer waives this requirement.

Also, this law prohibits employers from discharging or discriminating against any individual for exercising his or her rights under this section.

This law only applies to employers who employ fifty or more employees and to employees who have been employed with the employer for twelve months or more.

The full text of this Colorado law can be found here: 24-34-402.7. Unlawful action against employees seeking protection.