Colorado Voters Pass Proposition 118

Colorado Proposition 118 (Colorado Paid Family and Medical Leave Insurance Act) was passed by voters and is slated to go into effect in 2023. 

Here are some key details that will directly impact Colorado Businesses:

  • The law requires every private employer in Colorado, regardless of the number of employees, to allow eligible employees to take up to 12 weeks of leave in connection with a serious health condition or that of a family member, birth or adoption, or in connection with certain military service. For pregnancy-related issues, employees would be entitled to take an additional four weeks of paid leave. 

  • The definition of “family member" includes “any other individual with whom the person has a significant personal bond that is like a family relationship.” This is vague and different from the definition of a family member under the FMLA.

  • “Safe Leave”: Employees are entitled to take paid leave related to domestic violence, stalking, and similar issues. This is also not included under the FMLA.

  • Leave would be concurrent with FMLA leave in some situations, but not in others, such as with "Safe Leave". Employers cannot require employees to use PTO during leave, as they can under the FMLA.

  • The law establishes a fund, based on a premium paid by employers and employees, for wage replacement for those taking leave. 

  • The program would be administered by a new division of the Colorado Department of Labor and Employment.

  • There's a lot of complexity incorporated into this law, and it will be a challenge for business owners to ensure compliance.

Apex HRO is here to help. Not only do we specialize in compliance and risk management, but we also can handle your payroll and benefits administration.

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