Colorado

In Colorado, several laws and programs are in place to support pregnant workers and new parents as they balance work and family responsibilities. Below is an overview of these protections:

Pregnancy and Work

Protection Against Pregnancy Discrimination

Both federal and Colorado state laws prohibit employment discrimination based on pregnancy, childbirth, or related medical conditions. The Federal Pregnancy Discrimination Act (PDA) requires employers with 15 or more employees to treat pregnancy and related conditions the same as any other temporary medical condition concerning hiring, firing, pay, job assignments, and promotions. Similarly, the Colorado Anti-Discrimination Act (CADA) extends these protections to employers with one or more employees.

Workplace Accommodations

The Colorado Pregnant Workers Fairness Act (PWFA) mandates that employers provide reasonable accommodations for health conditions related to pregnancy or physical recovery from childbirth, unless doing so would impose an undue hardship. Such accommodations may include more frequent or longer break periods, light duty, or temporary transfer to a less strenuous position. Additionally, the PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless it causes undue hardship.

Workplace Safety for Pregnant Workers

Employers are obligated to ensure a safe working environment for all employees, including those who are pregnant. Pregnant workers concerned about workplace safety can report unsafe conditions to the Occupational Safety and Health Administration (OSHA).

Taking Time Off Work

If you are covered by the Family and Medical Leave Act, you have the right to take 12 weeks of unpaid time off of work per year to address pregnancy needs and other pregnancy related conditions, bond with a new child,without losing your job (or your health insurance, if you have it). Eligibility requirements include:
Working for an employer with 50+ employees within 75 miles
Having worked for the employer for at least 12 months
Logging at least 1,250 hours in the past year

Beginning in January 2024, Colorado's FAMLI program provides eligible workers with up to 12 weeks of paid leave per year to for various family and medical reasons, including pregnancy and childbirth. Workers with serious health conditions related to pregnancy or childbirth complications may qualify for an additional four weeks, totaling up to 16 weeks of leave per year.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the federal PUMP (Providing Urgent Maternal Protections) Act, employers are required to provide:
Reasonable break times for an employee to express breast milk for their nursing child for up to one year after birth.
A private, non-bathroom space that is shielded from view and free from intrusion for expressing milk.

In Colorado, employers must provide unpaid break time to express breast milk for up to two years after the child's birth and make reasonable efforts to provide a private location, other than a toilet stall, for pumping. Learn more

Parental Rights for Sick or Family Leave

If a child or family member has a serious health condition, employees may qualify for unpaid leave under FMLA or paid leave under Colorado's FAMLI program to provide necessary care.

Workplace Protections for New Parents

Equal Pay: Colorado's wage laws ensure equal pay for equal work, regardless of gender or parental status.

Employment Termination: Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA or FAMLI) or requesting pregnancy-related accommodations.

Job Protection: Both FMLA and Colorado's FAMLI program guarantee that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in Colorado

Childcare Assistance

Colorado offers programs to assist working parents with childcare costs. Learn more

Flexible Work Policies: Some Colorado employers may offer flexible work arrangements, remote work options, or additional paid parental leave as part of their benefits packages.

These laws and programs aim to support pregnant workers and new parents in Colorado as they navigate the balance between work and family responsibilities.