State Senators Introduce Bill To Create Paid Family And Medical Leave For All Colorado Employees

Sherman & Howard L.L.C.
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Sherman & Howard L.L.C.

Paid family and medical leave may become a reality for all Colorado employers and employees. Colorado state senators yesterday introduced a bill that would create the Family and Medical Leave Insurance Act (“FAMLI Act”). The bill has failed in years past, but this year’s political climate, specifically Democratic control of the House, could spell victory for the bill.

Although the FAMLI Act bill borrows certain provisions and definitions from the federal Family and Medical Leave Act (FMLA), it would extend the right and obligation of job-protected leave to employers, employees and circumstances not currently covered by the FMLA.

Here are the top ten provisions of the bill:

  1. All Colorado employers would be covered by the FAMLI program.
  2. Leave would be job-protected, meaning the employee would be entitled to reinstatement upon completion of leave.
  3. The program would be administered by a newly created division within the Colorado Department of Labor and Employment.
  4. Leave would be available for the employee's own serious health condition, a family member's serious health conditions, the birth or adoption of a child, or a qualifying exigency related to service in the Armed Forces.
  5. A "serious health condition" would include “domestic abuse, sexual assault or abuse, and stalking." Currently, another Colorado statute provides for three days of unpaid leave for domestic violence-related circumstances.
  6. A “family member" would include not only a blood or legal relative but also any individual with whom the employee “has a significant personal bond that is like a family relationship.”
  7. An employee could take up to fourteen weeks of leave with an additional two weeks available to an employee with a serious health condition related to pregnancy or childbirth.
  8. Employers would not be allowed to require employees to exhaust vacation time, sick time, or paid time off prior to taking family or medical leave.
  9. Both employers and employees would be required to contribute premiums to the program.
  10. The leave and benefits would be "portable" from one employer to another.

The FAMLI program would require even the smallest Colorado employers to provide many weeks of job-protected leave to all employees. Even larger employers already covered by the FMLA would see their leave obligations increase. All employers would be required to contribute premiums to the insurance program regardless of whether or not a particular employee would be taking leave while working for that employer.

We anticipate extensive debate as this bill moves through the Legislature, given the breadth of the proposed program and its significant impact on all Colorado employers. We will provide updates on the bill's progress.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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