Colorado: Voters Approve Paid Family and Medical Leave

On November 3, 2020, Colorado voters approved Prop. 118 which permits employees to take up to 12 weeks of paid family and medical leave within a 12-month period. Qualifying reasons include:

• caring for their own serious health condition;
• caring for a new child during the first year after the birth or adoption or for foster care of a new child;
• caring for a family member with a serious health condition;
• when a family member is on active duty military service or is called for active-duty military service; and
• when the individual or the individual’s family member is a victim of domestic violence, stalking, or sexual assault.

An additional four weeks of leave are allowed for pregnancy or childbirth complications. Individuals are eligible to receive benefits after they have earned $2,500 in wages that were subject to the paid family and medical leave (PFML) premiums and have been employed by the employer for at least 180 days. Leave may be taken intermittently.

The program will be funded through a payroll tax paid for by employers and employees in a 50/50 split. The first premiums will be paid beginning on January 1, 2023, and benefits will begin to be available on January 1, 2024. The maximum benefit is capped at $1,100 per week for 2024. Businesses with less than 10 employees are exempt from paying the premium. Sole proprietors can opt in to the program.

Employers cannot take disciplinary or retaliatory actions against employees for requesting or using paid leave. Employees who take PFML leave are entitled to return to the same position or a position with the same pay, benefits, and seniority or status. Employees cannot lose their health benefits during their leave and are still be required to pay their health insurance premiums while on leave.

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