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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0137.01 Renee Leone x2695 SENATE BILL 26-087
Senate Committees House Committees
State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
CONCERNING AUTHORIZING LEGISLATIVE LEAVE FROM EMPLOYMENT101
DURING A LEGISLATIVE SESSION FOR CERTAIN MEMBERS OF THE102
GENERAL ASSEMBLY.103
Bill Summary
(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.)
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
HOUSE
3rd Reading Unamended
April 2, 2026
HOUSE
Amended 2nd Reading
March 30, 2026
SENATE
3rd Reading Unamended
March 16, 2026
SENATE
Amended 2nd Reading
March 13, 2026
SENATE SPONSORSHIP
Wallace and Pelton B., Coleman, Gonzales J., Hinric hsen, Jodeh, Kipp, Lindstedt,
Marchman, Weissman
HOUSE SPONSORSHIP
Nguyen and Lindsay, Stewart R.
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.
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:1
SECTION 1. In Colorado Revised Statutes, add 2-2-328 as2
follows:3
2-2-328. Legislative leave and job protection during legislative4
session - exception - legislative intent - definitions - repeal.5
(1) Legislative intent.6
(a) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:7
(I) A REPRESENTATIVE DEMOCRACY FUNCTIONS BEST WHEN THE8
MEMBERSHIP OF THE GENERAL ASSEMBLY REFLECTS THE ECONOMIC ,9
PROFESSIONAL, AND SOCIAL DIVERSITY OF THE PEOPLE IT SERVES;10
(II) SERVICE IN THE GENERAL ASSEMBLY IS COMPENSATED AT A11
LEVEL THAT DOES NOT , ON ITS OWN , PROVIDE A LIVABLE INCOME FOR12
MANY RESIDENTS OF THE STATE;13
(III) AS A RESULT OF LOW LEGISLATIVE COMPENSATION AND THE14
DEMANDS OF LEGISLATIVE SERVICE , QUALIFIED INDIVIDUALS ,15
PARTICULARLY MEMBERS OF THE WORKING CLASS, CAREGIVERS, PUBLIC16
SERVICE EMPLOYEES , AND THOSE IN NONTRADITIONAL OR HOURLY17
PROFESSIONS, ARE OFTEN EFFECTIVELY EXCLUDED FROM SEEKING OR18
HOLDING LEGISLATIVE OFFICE;19
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(IV) T HE ABILITY OF MEMBERS OF THE GENERAL ASSEMBLY TO1
MAINTAIN OUTSIDE , NONLEGISLATIVE EMPLOYMENT IS ESSENTIAL TO2
ENSURING THAT LEGISLATIVE SERVICE REMAINS ACCESSIBLE TO3
INDIVIDUALS FROM DIVERSE ECONOMIC , SOCIAL , AND CULTURAL4
BACKGROUNDS;5
(V) DURING LEGISLATIVE SESSIONS, MEMBERS MAY FACE LOSS OF6
EMPLOYMENT, INCOME, OR PROFESSIONAL STANDING DUE TO ABSENCES7
REQUIRED FOR THE PERFORMANCE OF THEIR OFFICIAL LEGISLATIVE DUTIES;8
(VI) P ROTECTING MEMBERS OF THE GENERAL ASSEMBLY FROM9
ADVERSE EMPLOYMENT ACTIONS BY NONLEGISLATIVE EMPLOYERS DURING10
PERIODS OF LEGISLATIVE SESSION SERVES A COMPELLING PUBLIC INTEREST11
BY REMOVING STRUCTURAL BARRIERS TO PUBLIC SERVICE; AND12
(VII) SUCH PROTECTIONS PROMOTE BROADER PARTICIPATION IN13
GOVERNMENT, REDUCE ECONOMIC BARRIERS TO CANDIDACY AND SERVICE,14
AND STRENGTHEN PUBLIC CONFIDENCE IN THE LEGITIMACY AND15
REPRESENTATIVENESS OF THE LEGISLATIVE PROCESS.16
(b) IT IS THEREFORE THE INTENT OF THE GENERAL ASSEMBLY TO17
SAFEGUARD THE RIGHT OF THE MEMBERS OF THE GENERAL ASSEMBLY TO18
ENGAGE IN LAWFUL, NONLEGISLATIVE EMPLOYMENT WHILE SERVING IN19
OFFICE AND TO PROTECT SUCH MEMBERS FROM DISCRIMINATION ,20
RETALIATION, OR TERMINATION BY OUTSIDE EMPLOYERS DUE TO21
ATTENDANCE OR PARTICIPATION IN LEGISLATIVE SESSIONS.22
(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT23
OTHERWISE REQUIRES:24
(a) "AREA MEDIAN INCOME" MEANS THE MEDIAN INCOME OF THE25
COUNTY IN WHICH A MEMBER LIVES WHEN THE GENERAL ASSEMBLY IS NOT26
IN SESSION, IN RELATION TO HOUSEHOLD SIZE, AS ESTABLISHED ANNUALLY27
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BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN1
DEVELOPMENT.2
(b) "L EGISLATIVE LEAVE " MEANS A LEAVE OF ABSENCE A3
QUALIFIED MEMBER IS ENTITLED TO TAKE FROM THEIR OUTSIDE4
EMPLOYMENT PURSUANT TO THIS SECTION.5
(c) "MEMBER" MEANS A MEMBER OF THE GENERAL ASSEMBLY.6
(d) "OUTSIDE EMPLOYER" MEANS THE EMPLOYER OF A MEMBER'S7
OUTSIDE EMPLOYMENT.8
(e) "OUTSIDE EMPLOYMENT" MEANS A JOB OR EMPLOYMENT THAT9
IS NOT OF A TEMPORARY NATURE THAT A MEMBER IS ENGAGED IN OUTSIDE10
OF THE MEMBER'S DUTIES RELATED TO THE GENERAL ASSEMBLY.11
(f) (I) "QUALIFIED MEMBER" MEANS A MEMBER WHO QUALIFIES TO12
TAKE LEGISLATIVE LEAVE.13
(II) TO QUALIFY FOR LEGISLATIVE LEAVE, A MEMBER MUST NOT14
HAVE AN ANNUAL INDIVIDUAL OR HOUSEHOLD INCOME THAT EXCEEDS ONE15
HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME.16
(3) (a) B EGINNING ON JANUARY 1, 2027, A QUALIFIED MEMBER17
WHO IS ENGAGED IN OUTSIDE EMPLOYMENT IS ENTITLED TO TAKE18
LEGISLATIVE LEAVE FROM THEIR OUTSIDE EMPLOYMENT TO FULFILL THE19
DUTIES OF A LEGISLATOR.20
(b) LEGISLATIVE LEAVE:21
(I) M UST ONLY LAST FOR THE DURATION THAT THE QUALIFIED22
MEMBER IS PARTICIPATING IN EITHER A REGULAR OR EXTRAORDINARY23
SESSION OF THE GENERAL ASSEMBLY; AND24
(II) MAY BE PAID, UNPAID, OR PARTIALLY PAID AT THE DISCRETION25
OF THE QUALIFIED MEMBER'S OUTSIDE EMPLOYER.26
(4) A QUALIFIED MEMBER WHO PLANS TO TAKE LEGISLATIVE27
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LEAVE SHALL GIVE THEIR OUTSIDE EMPLOYER WRITTEN NOTICE OF THEIR1
INTENT TO TAKE LEGISLATIVE LEAVE:2
(a) N O LATER THAN THIRTY DAYS BEFORE THE BEGINNING OF A3
REGULAR SESSION OF THE GENERAL ASSEMBLY; AND4
(b) A S SOON AS PRACTICABLE BEFORE THE BEGINNING OF AN5
EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY.6
(5) (a) A N OUTSIDE EMPLOYER SHALL NOT TERMINATE A7
QUALIFIED MEMBER 'S OUTSIDE EMPLOYMENT ON THE BASIS THAT THE8
QUALIFIED MEMBER REQUESTS OR TAKES LEGISLATIVE LEAVE.9
(b) UPON RETURN TO THEIR OUTSIDE EMPLOYMENT FOLLOWING10
LEGISLATIVE LEAVE, A QUALIFIED MEMBER IS ENTITLED TO BE RESTORED11
TO THE SAME OR AN EQUIVALENT EMPLOYMENT POSITION WITH12
EQUIVALENT BENEFITS , SENIORITY , PAY , AND OTHER TERMS AND13
CONDITIONS OF EMPLOYMENT. NOTHING IN THIS SECTION ENTITLES THE14
QUALIFIED MEMBER TO:15
(I) T HE ACCRUAL OF ANY SENIORITY OR OTHER OUTSIDE16
EMPLOYMENT BENEFITS , INCLUDING SICK AND ANNUAL LEAVE , DURING17
LEGISLATIVE LEAVE; OR18
(II) A NY RIGHT, BENEFIT, OR POSITION OF EMPLOYMENT OTHER19
THAN THAT WHICH THE QUALIFIED MEMBER WOULD HAVE BEEN ENTITLED20
TO HAD THE MEMBER NOT TAKEN LEGISLATIVE LEAVE.21
(6) THIS SECTION DOES NOT RELIEVE A QUALIFIED MEMBER WHO22
TAKES LEGISLATIVE LEAVE PURSUANT TO THIS SECTION OF THE QUALIFIED23
MEMBER'S CONSTITUTIONAL DUTY SET FORTH IN SECTION 2 OF ARTICLE XII24
OF THE STATE CONSTITUTION.25
(7) AN OUTSIDE EMPLOYER IS NOT SUBJECT TO THIS SECTION IF THE26
OUTSIDE EMPLOYER MUST MAINTAIN THE NONPARTISAN ROLE OF THE27
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OUTSIDE EMPLOYER 'S NONPARTISAN LEGISLATIVE , JUDICIAL , OR1
ELECTION-RELATED STAFF.2
(8) (a) NOTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, A3
QUALIFIED MEMBER WHO IS ACTIVELY SERVING A FOUR-YEAR TERM IN THE4
GENERAL ASSEMBLY AT THE TIME OF THE EFFECTIVE DATE OF THIS5
SECTION IS ONLY ELIGIBLE TO TAKE LEGISLATIVE LEAVE PURSUANT TO6
THIS SECTION ON AND AFTER JANUARY 1, 2029.7
(b) THIS SUBSECTION (8) IS REPEALED SEPTEMBER 1, 2029.8
(9) NOTWITHSTANDING SUBSECTIONS (3) AND (5) OF THIS SECTION,9
AN OUTSIDE EMPLOYER MAY CHOOSE TO OPT OUT FROM PROVIDING10
LEGISLATIVE LEAVE TO A QUALIFIED MEMBER.11
SECTION 2. In Colorado Revised Statutes, 24-50-104, add12
(7)(e) as follows:13
24-50-104. Job evaluation and compensation - state employee14
reserve fund - created - study - report - definitions.15
(7) Leaves - definition.16
(e) (I) A QUALIFIED MEMBER OF THE GENERAL ASSEMBLY IS17
ENTITLED TO TAKE LEGISLATIVE LEAVE AS SPECIFIED IN SECTION 2-2-328.18
(II) A S USED IN THIS SUBSECTION (7)(e), UNLESS THE CONTEXT19
OTHERWISE REQUIRES , "QUALIFIED MEMBER " HAS THE MEANING SET20
FORTH IN SECTION 2-2-328 (2)(f).21
SECTION 3. Act subject to petition - effective date. This act22
takes effect at 12:01 a.m. on the day following the expiration of the23
ninety-day period after final adjournment of the general assembly (August24
12, 2026, if adjournment sine die is on May 13, 2026); ex cept that, if a25
referendum petition is filed pursuant to section 1 (3) of article V of the26
state constitution against this act or an item, section, or part of this act27
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within such period, then the act, item, section, or part will not take effect1
unless approved by the people at the general election to be held in2
November 2026 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
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