Could Your Employee Take Four Months Off to Be a Lawmaker? Inside SB26-087

The Bottom Line

Have you ever thought about running for state office, but realized you couldn't afford to lose your day job? This bill would create mandatory job protections—similar to family medical leave—so everyday Coloradans can serve in the legislature without getting fired. If you meet the income and management thresholds, your employer has to hold your spot while you're working at the Capitol.

What This Bill Actually Does

Colorado has a part-time citizen legislature, meaning lawmakers meet for 120 days a year and are paid a relatively modest salary. For a long time, this setup has implicitly favored retired folks, independently wealthy individuals, or professionals with highly flexible careers (like lawyers and business consultants). If you're an hourly worker, a public school teacher, or a mid-level manager, vanishing for four months every spring usually means handing in your resignation. Senate Bill 26-087 is designed to change that math by creating legislative leave.

Starting January 1, 2027, the bill grants job protection to a qualified member of the General Assembly who needs to step away from their outside job to serve during a regular or special legislative session. Much like the federal Family and Medical Leave Act (FMLA), the law forbids an employer from firing a worker just because they requested or took this leave. When the session wraps up, the employee is legally entitled to be restored to their same position or an equivalent one, with the same pay, benefits, and working conditions they had before they left.

This isn't a blanket free pass for every elected official, though. To qualify, a lawmaker's individual or household income cannot exceed 120 percent of the Area Median Income (AMI) for their county, and they cannot directly manage more than 20 employees at their day job. The protected leave applies only while the legislature is actively in session. Furthermore, employers are not required to pay the lawmaker while they're gone—whether the leave is paid, partially paid, or completely unpaid is entirely up to the employer's discretion.

What It Means for You

If you've ever watched state politics and thought, "We need more regular working people in the room," this bill targets the biggest barrier to entry: career suicide. For the average resident—whether you're a construction foreman, a dental hygienist, or an IT specialist—running for state office usually means losing your livelihood. By establishing legislative leave beginning January 1, 2027, the state is essentially offering a pause button on your career. You can serve your community for the 120-day session and know your desk will be waiting for you when you get back.

But you need to look closely at the fine print before launching a campaign. The protections only apply if you meet specific caps. If your household income is above 120 percent of your county's Area Median Income, or if your regular job requires you to directly supervise more than 20 people, you don't qualify for this protection. You're also required to give your boss at least 30 days' written notice before a regular session starts so they can prepare for your absence.

Most importantly, while your job title is protected, your paycheck and certain benefits are not automatically guaranteed. Your employer isn't obligated to pay you a dime while you're at the Capitol. You also won't accrue seniority, sick time, or vacation hours during your absence. Crucially, the state's fiscal note clarifies that unlike traditional family medical leave, this bill does not explicitly protect your employer-sponsored health insurance while you're away. If you decide to run, you'll need to carefully weigh the financial reality of surviving on the state's legislative salary—currently around $43,000—and potentially sorting out your own healthcare for the duration of the session.

What It Means for Your Business

For Colorado employers, this bill introduces a new category of mandatory employee leave to add to your HR handbook by January 1, 2027. If one of your employees gets elected to the General Assembly and qualifies for this program, you are legally prohibited from terminating them for requesting or taking time off to attend a legislative session. When the session ends, you must reinstate them to the same or an equivalent position with matching pay, benefits, and seniority.

While you have to hold the job, the financial burden on your business is strictly limited. The bill explicitly states that legislative leave can be paid, unpaid, or partially paid entirely at your discretion. You are not required to fund their time away, nor do you have to allow them to accrue vacation or sick leave while they're sitting in committee hearings. However, you will need to plan for operational disruptions. The standard Colorado legislative session runs for roughly four months (mid-January to mid-May), meaning you'll need to figure out how to cover that employee's duties—potentially by hiring temporary staff or shifting workloads—without permanently replacing the elected worker.

There are a few key exemptions and boundaries that protect your operations. First, if your business or organization requires the employee to maintain a strictly nonpartisan role (such as certain judicial, election, or legislative staff positions), you are entirely exempt from this requirement. Second, you only have to grant this leave to employees who manage 20 or fewer people and fall under the 120 percent Area Median Income threshold. Executives and highly compensated directors aren't entitled to this protection. As you look ahead, it's worth reviewing your company's leave policies and cross-training protocols to ensure you can absorb a four-month absence if a member of your team decides to run for office.

Follow the Money

According to the nonpartisan Legislative Council Staff, Senate Bill 26-087 won't cost state taxpayers any additional money. The fiscal note projects $0 in state expenditures and $0 in state revenue impact. The Department of Personnel and Administration might have to do some minor administrative work to update rules and HR guidance, but that can be handled within their existing budget.

The only potential hidden costs fall on state agencies, local governments, and school districts in their capacity as employers. If a public school teacher or a county employee gets elected and takes legislative leave, their home agency will have to manage the absence. That could mean paying for a long-term substitute or a temporary contractor to cover their duties for four months. However, because the legislature is relatively small (100 members total) and only a fraction will qualify for or use this specific leave, the state expects these situations to be infrequent and financially manageable within existing local budgets.

Where This Bill Stands

SB26-087 is currently In Committee. The latest official action came on 04/08/2026: Senate Considered House Amendments - Result was to Adhere.

That means the bill is still in the committee stage, and it is currently sitting in the State, Veterans, & Military Affairs. To keep moving, it would need to clear committee and then survive floor votes in both chambers.