Amendments for SB19-188

Senate Journal, March 14
After consideration on the merits, the Committee recommends that SB19-188 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.

Amend printed bill, page 5, strike lines 13 through 18 and substitute:

"(2) "COVERED INDIVIDUAL" MEANS AN INDIVIDUAL WHO, DURING
THE INDIVIDUAL'S QUALIFYING YEAR HAS:
(a) ELECTED COVERAGE UNDER SECTION 8-13.3-313;
(b) BEEN EMPLOYED BY AND WORKED FOR ONE OR MORE
EMPLOYERS FOR A COMBINED TOTAL OF AT LEAST SIX HUNDRED EIGHTY
HOURS; OR
(c) IN THE CASE OF AIRLINE FLIGHT CREW MEMBERS, WORKED FOR,
OR BEEN PAID BY, ONE OR MORE EMPLOYERS FOR FIVE HUNDRED FOUR
HOURS.".

Page 15, strike lines 9 through 11 and substitute:

"(4) (a) THE DIVISION SHALL APPROVE OR DENY A CLAIM FOR
BENEFITS WITHIN FOURTEEN DAYS AFTER RECEIVING THE CLAIM.
(b) AFTER EXHAUSTING THE ADMINISTRATIVE PROCESS SPECIFIED
IN THIS SECTION, A COVERED INDIVIDUAL OR THE EMPLOYEE OF A
COVERED INDIVIDUAL MAY APPEAL THE DECISION OF THE DIVISION IN THE
MANNER SPECIFIED IN ARTICLE 74 OF THIS TITLE 8.".

Page 19, after line 3 insert:

"(5) THE DIVISION SHALL, IN A TIMELY MANNER, PROVIDE
ELECTRONIC DATA TO THE DEPARTMENT OF REVENUE WITH INFORMATION
REGARDING TAXPAYERS TO WHOM BENEFITS HAVE BEEN PAID IN
ACCORDANCE WITH THIS PART 3, INCLUDING THE BENEFICIARY'S TAX
IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER, THE AMOUNT OF
BENEFITS PAID, AND THE TAX YEAR IN WHICH BENEFITS WERE RECEIVED.".

Page 19, line 7, strike "PREMIUMS," and substitute "PREMIUMS AND".

Page 19, line 8, strike "(2)(d)," and substitute "(2)(d)."

Page 19, strike line 9 and substitute "MONEY IN THE".

Page 20, line 1, strike "(2)(a)." and substitute "(2)(a); EXCEPT THAT
EMPLOYERS THAT HAVE FOUR OR FEWER EMPLOYEES OR ARE LOCAL
GOVERNMENTS, AS DEFINED IN SECTION 29-1-802 (4), SHALL PAY
ONE-EIGHTH OF THE PREMIUM AMOUNT; AND EMPLOYERS THAT HAVE FIVE
TO TEN EMPLOYEES OR ARE STATE GOVERNMENTS SHALL PAY
ONE-FOURTH OF THE PREMIUM AMOUNT.".

Page 20, strike lines 2 through 6 and substitute "TO WAGES THAT ARE
GREATER THAN ONE HUNDRED FORTY PERCENT OF THE AVERAGE WEEKLY
WAGE PER EMPLOYEE PER WEEK. PREMIUMS ESTABLISHED IN
ACCORDANCE WITH THIS".

Page 20, line 20, after "YEAR." add "THE PREMIUMS ESTABLISHED IN
ACCORDANCE WITH THIS SUBSECTION (2)(a)(II)(B) SHALL NOT EXCEED
NINETY-NINE ONE HUNDREDTHS OF ONE PERCENT OF WAGES PER
EMPLOYEE.".

Page 21, line 4, after "YEAR." add "THE PREMIUMS ESTABLISHED IN
ACCORDANCE WITH THIS SUBSECTION (2)(a)(II)(C) SHALL NOT EXCEED
NINETY-NINE ONE HUNDREDTHS OF ONE PERCENT OF WAGES PER
EMPLOYEE.".

Page 22, strike lines 20 through 27 and insert:

"(5) (a) AN AGGRIEVED INDIVIDUAL MAY BRING A CLAIM AGAINST
AN EMPLOYER FOR A VIOLATION OF THIS SECTION.
(b) THE CLAIM MAY BE RESOLVED THROUGH MEDIATION IF THE
AGGRIEVED INDIVIDUAL AND THE EMPLOYER EACH AGREE.
(c) A CLAIM BROUGHT IN ACCORDANCE WITH THIS SECTION MUST
BE FILED WITHIN TWO YEARS AFTER THE DATE ON WHICH THE AGGRIEVED
INDIVIDUAL KNEW OR SHOULD HAVE KNOWN OF THE VIOLATION.
(d) THE DIVISION SHALL RULE ON THE CLAIM WITHIN ONE
HUNDRED EIGHTY DAYS AFTER THE CLAIM IS FILED. IF THE DIVISION FINDS
THAT AN EMPLOYER HAS VIOLATED THIS SECTION, THE DIVISION MAY
PROVIDE THE AGGRIEVED INDIVIDUAL WITH ECONOMIC DAMAGES,
LIQUIDATED DAMAGES, ATTORNEY FEES, AND EQUITABLE RELIEF.
(e) AN AGGRIEVED INDIVIDUAL SHALL NOT BRING A CIVIL ACTION
IN A COURT OF COMPETENT JURISDICTION UNTIL A CLAIM BROUGHT UNDER
THIS SECTION IS RESOLVED, MEDIATION IS COMPLETE, OR ONE HUNDRED
EIGHTY DAYS ELAPSE FROM THE DATE ON WHICH THE CLAIM WAS FILED.".

Page 23, strike line 3 and substitute "THE FMLA OR PART 2 OF THIS
ARTICLE 13.3. IF A".

Page 27, line 20, after "(1)(b);" insert "AND".

Page 27, strike lines 22 through 24 and substitute "8-13.3-309 (2)(a).".



Senate Journal, April 10
After consideration on the merits, the Committee recommends that SB19-188 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Strike the Business, Labor, and Technology Committee Report, dated
March 13, 2019.

Amend printed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. In Colorado Revised Statutes, add part 3 to article
13.3 of title 8 as follows:
PART 3
FAMILY AND MEDICAL LEAVE INSURANCE
8-13.3-301. Short title. THE SHORT TITLE OF THIS PART 3 IS THE
"FAMILY AND MEDICAL LEAVE INSURANCE ACT" OR "FAMLI ACT".
8-13.3-302. Legislative declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) COLORADO IS A FAMILY-FRIENDLY STATE, AND PROVIDING THE
WORKERS OF COLORADO WITH FAMILY AND MEDICAL LEAVE INSURANCE
WILL ENCOURAGE AN ENTREPRENEURIAL ATMOSPHERE AND ECONOMIC
GROWTH AND PROMOTE A HEALTHY BUSINESS CLIMATE;
(b) THE UNITED STATES IS THE ONLY INDUSTRIALIZED NATION IN
THE WORLD THAT DOES NOT MANDATE ACCESS TO PAID LEAVE BENEFITS.
SIMULTANEOUSLY, NEARLY HALF OF AMERICANS LIVE PAYCHECK TO
PAYCHECK AND ARE UNABLE TO ACCESS TWO THOUSAND DOLLARS IN THE
EVENT OF AN EMERGENCY.
(c) LEAVE UNDER THE FEDERAL "FAMILY AND MEDICAL LEAVE
ACT OF 1993", AS AMENDED, PUB.L. 103-3, CODIFIED AT 29 U.S.C. SEC.
2601 ET SEQ., IS BOTH UNPAID AND UNAVAILABLE TO MORE THAN FORTY
PERCENT OF PRIVATE SECTOR WORKERS IN THE UNITED STATES. THIS PART
3, KNOWN AS THE STATE "FAMILY AND MEDICAL LEAVE INSURANCE ACT"
OR "FAMLI ACT", PROVIDES A NECESSARY SAFETY NET FOR ALL
COLORADO WORKERS, AS PAID FAMILY AND MEDICAL LEAVE ALLOWS
WORKERS TO REMAIN IN THE WORKFORCE, STAY SAFE, SEEK NECESSARY
MEDICAL TREATMENT, AND PROVIDE CARE TO LOVED ONES AT CRITICAL
TIMES.
(d) EVERY WORKER AT SOME POINT IN HIS OR HER LIFE WILL NEED
TO TAKE TIME OFF WORK FOR FAMILY OR HEALTH REASONS, MAKING THIS
AN ISSUE THAT AFFECTS ALL WORKERS. WHEN WORKERS NEED LEAVE BUT
CANNOT TAKE IT, ECONOMIC AND SOCIAL COSTS ACCUMULATE.
(e) PAID LEAVE BENEFITS EMPLOYERS BY IMPROVING
RECRUITMENT OPPORTUNITIES AND REDUCING TURNOVER. THEREFORE, IT
BENEFITS THE PUBLIC TO PROVIDE FAMILY AND MEDICAL LEAVE
INSURANCE FOR COLORADO WORKERS.
(f) THE PREMIUMS COLLECTED UNDER THIS PART 3 ARE USED
EXCLUSIVELY FOR THE PAYMENT OF FAMILY AND MEDICAL LEAVE
INSURANCE BENEFITS AND THE ADMINISTRATION OF THE PROGRAM. THE
DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE IS CREATED AS AN
ENTERPRISE FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION, OPERATING AS A GOVERNMENT-RUN BUSINESS THAT
PROVIDES FAMILY AND MEDICAL LEAVE INSURANCE SERVICES.
(g) EMPLOYEE AND EMPLOYER CONTRIBUTIONS ARE COLLECTED
AT RATES REASONABLY CALCULATED TO PROVIDE THE PROGRAM'S LEAVE
BENEFITS AND SUPPORTING ADMINISTRATION OF THE PROGRAM, AND THE
FISCAL APPROACH IN THIS PART 3 WAS INFORMED BY THE EXPERIENCE OF
OTHER STATE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAMS,
MODELING BASED ON THE COLORADO WORKFORCE, AND INPUT FROM A
VARIETY OF STAKEHOLDERS IN COLORADO;
(h) WORKERS NEED COMPREHENSIVE PAID FAMILY AND MEDICAL
LEAVE TO ADDRESS DOMESTIC ABUSE, SEXUAL ASSAULT OR ABUSE, AND
STALKING, WHICH POSE SERIOUS HEALTH AND SAFETY CONCERNS.
DOMESTIC ABUSE, SEXUAL ASSAULT OR ABUSE, AND STALKING ARE
QUALIFYING PURPOSES FOR FAMILY AND MEDICAL LEAVE UNDER THIS PART
3;
(i) THIS PART 3 REFLECTS THE REALITY AND DIVERSITY OF
COLORADO FAMILIES BY ALLOWING WORKERS TO CARE FOR A RANGE OF
FAMILY MEMBERS AND CLOSE LOVED ONES WHEN THEY ARE DEALING WITH
A SERIOUS HEALTH CONDITION;
(j) JOB PROTECTION IS ESSENTIAL TO ENSURING WORKERS CAN
TAKE THE LEAVE THEY NEED WITHOUT RISKING THEIR JOBS OR THEIR
ECONOMIC SECURITY;
(k) COMPREHENSIVE, UNIVERSAL PAID FAMILY AND MEDICAL
LEAVE IS ESPECIALLY IMPORTANT FOR LOW-INCOME WORKERS LIVING
PAYCHECK TO PAYCHECK. WITHOUT THE LEGAL RIGHTS THEY NEED, THESE
WORKERS ARE DISPROPORTIONATELY MORE LIKELY TO LACK ACCESS TO
PAID LEAVE AND ARE LEAST ABLE TO AFFORD TO TAKE UNPAID LEAVE.
(l) THIS PART 3 OFFERS PORTABLE BENEFITS THAT WORKERS CAN
TAKE WITH THEM AS THEY MOVE FROM JOB TO JOB OR COMBINE MULTIPLE
SOURCES OF INCOME. PORTABLE BENEFITS ARE ESSENTIAL IN A CHANGING
ECONOMY, WHERE MORE AND MORE WORKERS FIND THEMSELVES RELYING
ON INSECURE JOBS OR PIECING TOGETHER MULTIPLE TYPES OF JOBS TO
MAKE ENDS MEET.
(m) RECOGNIZING THAT MANY PEOPLE NOW WORK OUTSIDE THE
TRADITIONAL EMPLOYER-EMPLOYEE STRUCTURE, THIS PART 3 ALSO
ALLOWS SELF-EMPLOYED WORKERS TO PARTICIPATE IN THE PROGRAM IF
THEY CHOOSE, PROVIDING ACCESS TO NEEDED BENEFITS AND ADDED
SECURITY;
(n) PAID FAMILY AND MEDICAL LEAVE KEEPS WORKERS EMPLOYED
AND SAVES EMPLOYERS MONEY THROUGH IMPROVED RETENTION, AS
REPLACING A WORKER TYPICALLY COSTS AT LEAST ONE-FIFTH OF THAT
WORKER'S ANNUAL SALARY;
(o) RESEARCH FROM STATES THAT HAVE IMPLEMENTED PAID
FAMILY AND MEDICAL LEAVE PROGRAMS HAS SHOWN THAT EMPLOYERS
BENEFIT THROUGH IMPROVED WORKER PRODUCTIVITY, PERFORMANCE,
AND MORALE;
(p) WITH ACCESS TO PAID FAMILY AND MEDICAL LEAVE, WORKERS
ARE ABLE TO RECOVER FROM ILLNESS AND RETURN TO FULL PRODUCTIVITY
MORE QUICKLY, WHICH IN TURN HELPS AN EMPLOYER'S BOTTOM LINE.
WHEN WORKERS HAVE TO RETURN TO WORK BEFORE A CHRONIC
CONDITION IS STABILIZED OR BEFORE THEY HAVE HEALED FROM AN
INJURY, THEY ARE MORE LIKELY TO RELAPSE OR REINJURE THEMSELVES.
(q) WITHOUT AN INSURANCE SYSTEM, EMPLOYERS WHO PROVIDE
PAID FAMILY AND MEDICAL LEAVE MAY NEED TO COVER THE FULL COSTS
OUT OF POCKET, WHEREAS AN INSURANCE SYSTEM BENEFITS EMPLOYERS
BY POOLING COSTS AND MAKING IT MORE AFFORDABLE TO PROVIDE PAID
FAMILY AND MEDICAL LEAVE TO THEIR WORKFORCE;
(r) ACCESS TO PAID FAMILY AND MEDICAL LEAVE THROUGH AN
INSURANCE PROGRAM LEVELS THE PLAYING FIELD FOR SMALL BUSINESS
OWNERS, WHO OFTEN CANNOT AFFORD TO OFFER THE SAME GENEROUS
PAID FAMILY AND MEDICAL LEAVE BENEFITS AS LARGER COMPANIES AND
THEREFORE FACE A COMPETITIVE DISADVANTAGE IN HIRING;
(s) AS REPORTED IN 2014 BY THE COUNCIL OF ECONOMIC
ADVISERS, AN AGENCY WITHIN THE EXECUTIVE OFFICE OF THE PRESIDENT,
"[P]AID LEAVE POLICIES CAN HELP BUSINESS RECRUIT TALENTED WORKERS
WHO PLAN TO STAY WITH A FIRM AFTER HAVING CHILDREN… PAID LEAVE
HAS BEEN SHOWN TO INCREASE THE PROBABILITY THAT WOMEN CONTINUE
IN THEIR JOB AFTER HAVING A CHILD, RATHER THAN QUITTING
PERMANENTLY, SAVING EMPLOYERS THE EXPENSE OF RECRUITING AND
TRAINING ADDITIONAL EMPLOYEES." THE REPORT FURTHER FINDS, "[B]Y
ENABLING WORKERS WHO WOULD HAVE OTHERWISE DROPPED OUT OF THE
LABOR FORCE TO INSTEAD TAKE SHORT-TERM LEAVE, SUCH POLICIES
COULD BENEFIT THEIR EMPLOYER'S LONG-TERM PRODUCTIVITY BY
IMPROVING RECRUITMENT, RETENTION, AND WORKER MOTIVATION."
(t) A RECENT UNITED STATES DEPARTMENT OF LABOR STUDY
FOUND THAT LACK OF LEAVE MEANS THAT NEARLY FIVE MILLION WOMEN
IN THE UNITED STATES LEAVE THE WORKFORCE FOR FAMILY CAREGIVING
RESPONSIBILITIES AND THAT IF THOSE WOMEN PARTICIPATED IN THE
ECONOMY AT THE SAME RATE AS THEIR PEERS IN CANADA, A COUNTRY
WITH GENEROUS PAID FAMILY AND MEDICAL LEAVE BENEFITS, ECONOMIC
ACTIVITY IN THE UNITED STATES WOULD BE FIVE HUNDRED BILLION
DOLLARS HIGHER EVERY YEAR, A BENEFIT TO ALL COMPANIES;
(u) ACCORDING TO PEW RESEARCH CENTER, THE PERCENTAGE OF
MOTHERS NOT IN THE WORKFORCE GREW TO TWENTY-NINE PERCENT IN
2012, UP FROM TWENTY-THREE PERCENT IN 1999. A MAJORITY OF
UNEMPLOYED WOMEN REPORTED THAT THEY WERE HOME TO CARE FOR A
FAMILY MEMBER, WHILE ONLY SIX PERCENT SAID THEY WERE HOME
BECAUSE THEY COULD NOT FIND WORK. WHEN WOMEN, WHO COMPRISE
FORTY-SEVEN PERCENT OF THE UNITED STATES' WORKFORCE, LEAVE THE
WORKFORCE, LABOR SUPPLY GOES DOWN AND THE COST OF LABOR FOR
BUSINESS GOES UP. ACCESS TO PAID LEAVE INCREASES LABOR SUPPLY AND
THEREFORE DECREASES LABOR COSTS FOR BUSINESSES, PARTICULARLY IN
TIGHT COMPETITIVE LABOR MARKETS.
8-13.3-303. Definitions. AS USED IN THIS PART 3, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "AVERAGE WEEKLY WAGE" MEANS THE AVERAGE WEEKLY
WAGE DETERMINED IN ACCORDANCE WITH SECTION 8-47-106.
(2) "COVERED INDIVIDUAL" MEANS AN INDIVIDUAL WHO, DURING
THE INDIVIDUAL'S QUALIFYING YEAR HAS:
(a) ELECTED COVERAGE UNDER SECTION 8-13.3-313;
(b) BEEN EMPLOYED BY AND WORKED FOR ONE OR MORE
EMPLOYERS FOR A COMBINED TOTAL OF AT LEAST SIX HUNDRED EIGHTY
HOURS; OR
(c) IN THE CASE OF AIRLINE FLIGHT CREW MEMBERS, WORKED FOR,
OR BEEN PAID BY, ONE OR MORE EMPLOYERS FOR FIVE HUNDRED FOUR
HOURS.
(3) "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
EMPLOYMENT.
(4) "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION.
(5) "DIVISION" MEANS THE DIVISION OF FAMILY AND MEDICAL
LEAVE INSURANCE CREATED IN SECTION 8-13.3-304.
(6) "DOMESTIC ABUSE" MEANS ANY ACT DESCRIBED IN SECTION
13-14-101 (2) OR ANY OTHER CRIME, THE UNDERLYING FACTUAL BASIS OF
WHICH HAS BEEN FOUND BY A COURT ON THE RECORD TO INCLUDE AN ACT
OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1).
(7) "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO SATISFIES
THE REQUIREMENTS OF SECTION 8-13.3-306 AND IS ELIGIBLE TO RECEIVE
FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS AND, EXCEPT AS
OTHERWISE SPECIFIED IN THIS PART 3, FAMILY AND MEDICAL LEAVE.
(8) "EMPLOYEE" MEANS ANY INDIVIDUAL, INCLUDING A
MIGRATORY LABORER, PERFORMING LABOR OR SERVICES FOR THE BENEFIT
OF ANOTHER, IRRESPECTIVE OF WHETHER THE COMMON-LAW
RELATIONSHIP OF MASTER AND SERVANT EXISTS. FOR THE PURPOSES OF
THIS PART 3, AN INDIVIDUAL PRIMARILY FREE FROM CONTROL AND
DIRECTION IN THE PERFORMANCE OF THE LABOR OR SERVICES, BOTH
UNDER THE INDIVIDUAL'S CONTRACT FOR THE PERFORMANCE OF THE
LABOR OR SERVICES AND IN FACT, AND WHO IS CUSTOMARILY ENGAGED IN
AN INDEPENDENT TRADE, OCCUPATION, PROFESSION, OR BUSINESS
RELATED TO THE LABOR OR SERVICES PERFORMED IS NOT AN "EMPLOYEE".
(9) (a) "EMPLOYER" MEANS ANY PERSON ENGAGED IN COMMERCE
OR AN INDUSTRY OR ACTIVITY AFFECTING COMMERCE THAT:
(I) EMPLOYS AT LEAST ONE PERSON FOR EACH WORKING DAY
DURING EACH OF TWENTY OR MORE CALENDAR WORKWEEKS IN THE
CURRENT OR IMMEDIATELY PRECEDING CALENDAR YEAR; OR
(II) PAID WAGES OF ONE THOUSAND FIVE HUNDRED DOLLARS OR
MORE DURING ANY CALENDAR QUARTER IN THE PRECEDING CALENDAR
YEAR.
(b) "EMPLOYER" INCLUDES:
(I) A PERSON WHO ACTS, DIRECTLY OR INDIRECTLY, IN THE
INTEREST OF AN EMPLOYER WITH REGARD TO ANY OF THE EMPLOYEES OF
THE EMPLOYER;
(II) A SUCCESSOR IN INTEREST OF AN EMPLOYER THAT ACQUIRES
ALL OF THE ORGANIZATION, TRADE, OR BUSINESS OR SUBSTANTIALLY ALL
OF THE ASSETS OF ONE OR MORE EMPLOYERS; AND
(III) THE STATE OR A POLITICAL SUBDIVISION OF THE STATE.
(c) "EMPLOYER" DOES NOT INCLUDE A PERSON DESCRIBED IN
SUBSECTION (9)(a) OR (9)(b) OF THIS SECTION THAT IS A CARRIER AS
DEFINED IN 45 U.S.C. SEC. 151.
(10) "FAMILY AND MEDICAL LEAVE" MEANS LEAVE FROM WORK
UNDER THIS PART 3.
(11) "FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS" OR
"BENEFITS" MEANS THE BENEFITS PROVIDED UNDER THE PROGRAM.
(12) "FAMILY MEMBER" MEANS:
(a) A COVERED INDIVIDUAL'S IMMEDIATE FAMILY MEMBER, AS
DEFINED IN SECTION 2-4-401 (3.7);
(b) A CHILD TO WHOM THE COVERED INDIVIDUAL STANDS IN LOCO
PARENTIS OR A PERSON WHO STOOD IN LOCO PARENTIS TO THE COVERED
INDIVIDUAL WHEN THE COVERED INDIVIDUAL WAS A MINOR;
(c) A PERSON FOR WHOM THE COVERED INDIVIDUAL IS
RESPONSIBLE FOR PROVIDING UNPAID PHYSICAL, PSYCHOLOGICAL,
HEALTH, LEGAL, OR FINANCIAL ASSISTANCE, AS WELL AS SUPPORT, OF THE
TYPE TRADITIONALLY PROVIDED BY FAMILY, WITH:
(I) ACCESS TO AND ADMINISTRATION OF MEDICAL CARE;
(II) THE ACTIVITIES OF DAILY LIVING AS DEFINED IN SECTION
25.5-6-104 (2)(a); OR
(III) THE INSTRUMENTAL ACTIVITIES OF DAILY LIVING AS DEFINED
IN SECTION 25.5-6-104 (2)(g); OR
(d) A PERSON WITH WHOM THE COVERED INDIVIDUAL IS IN A
COMMITTED RELATIONSHIP THAT INCLUDES:
(I) SHARED FINANCIAL INTERDEPENDENCE OR DEPENDENCE;
(II) RESPONSIBILITY FOR EACH OTHER'S COMMON WELFARE; AND
(III) EITHER:
(A) THE INTENT TO MARRY OR ENTER INTO A CIVIL UNION IN THE
FUTURE; OR
(B) THE INTENT FOR THE RELATIONSHIP TO LAST INDEFINITELY.
(13) "FMLA" MEANS THE FEDERAL "FAMILY AND MEDICAL LEAVE
ACT OF 1993", AS AMENDED, PUB.L. 103-3, CODIFIED AT 29 U.S.C. SEC.
2601 ET SEQ.
(14) "FMLA LEAVE" MEANS LEAVE FROM WORK AND ALL
BENEFITS AUTHORIZED BY THE FMLA.
(15) "FUND" MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE
FUND CREATED IN SECTION 8-13.3-309.
(16) "HEALTH CARE PROVIDER" MEANS ANY PERSON LICENSED,
CERTIFIED, OR REGISTERED UNDER FEDERAL OR STATE LAW TO PROVIDE
MEDICAL OR EMERGENCY SERVICES. THE TERM INCLUDES PHYSICIANS,
DOCTORS, NURSES, AND MIDWIVES.
(17) "LOCAL GOVERNMENT" HAS THE SAME MEANING AS SET
FORTH IN SECTION 29-1-304.5 (3)(b).
(18) "PREMIUM" MEANS THE PAYMENTS AN INDIVIDUAL AND
EMPLOYER ARE REQUIRED BY THIS PART 3 TO PAY TO THE DIVISION FOR
THE PROGRAM.
(19) "PROGRAM" MEANS THE FAMILY AND MEDICAL LEAVE
INSURANCE PROGRAM ESTABLISHED PURSUANT TO SECTION 8-13.3-305.
(20) "QUALIFYING EXIGENCY" MEANS A NEED ARISING OUT OF A
FAMILY MEMBER'S ACTIVE DUTY SERVICE OR NOTICE OF AN IMPENDING
CALL OR ORDER TO ACTIVE DUTY IN THE ARMED FORCES, INCLUDING, BUT
NOT LIMITED TO, PROVIDING FOR THE CARE OR OTHER NEEDS OF THE
MILITARY MEMBER'S CHILD OR OTHER FAMILY MEMBER, MAKING
FINANCIAL OR LEGAL ARRANGEMENTS FOR THE MILITARY MEMBER,
ATTENDING COUNSELING, ATTENDING MILITARY EVENTS OR CEREMONIES,
SPENDING TIME WITH THE MILITARY MEMBER DURING A REST AND
RECUPERATION LEAVE OR FOLLOWING RETURN FROM DEPLOYMENT, OR
MAKING ARRANGEMENTS FOLLOWING THE DEATH OF THE MILITARY
MEMBER.
(21) "QUALIFYING YEAR" MEANS THE FIRST FOUR OF THE LAST FIVE
COMPLETED CALENDAR QUARTERS OR THE LAST FOUR COMPLETED
CALENDAR QUARTERS IMMEDIATELY PRECEDING THE FIRST DAY OF A
COVERED INDIVIDUAL'S APPLICATION YEAR.
(22) (a) "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS,
INJURY, IMPAIRMENT, OR PHYSICAL OR MENTAL CONDITION THAT
INVOLVES:
(I) INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL
MEDICAL CARE FACILITY; OR
(II) CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
(b) "SERIOUS HEALTH CONDITION" INCLUDES DOMESTIC ABUSE,
SEXUAL ASSAULT OR ABUSE, AND STALKING.
(23) "SEXUAL ASSAULT OR ABUSE" MEANS ANY ACT, ATTEMPTED
ACT, OR THREATENED ACT OF UNLAWFUL SEXUAL BEHAVIOR, AS
DESCRIBED IN SECTION 16-11.7-102 (3), OR SEXUAL ASSAULT, AS
DESCRIBED IN SECTION 18-3-402, COMMITTED BY ANY PERSON AGAINST
ANOTHER PERSON REGARDLESS OF THE RELATIONSHIP BETWEEN THE
ACTOR AND THE VICTIM.
(24) "STALKING" MEANS ANY ACT, ATTEMPTED ACT, OR
THREATENED ACT OF STALKING, AS DESCRIBED IN SECTION 18-3-602.
8-13.3-304. Division of family and medical leave insurance -
creation as an enterprise - authority to issue bonds. (1) THERE IS
HEREBY CREATED IN THE DEPARTMENT THE DIVISION OF FAMILY AND
MEDICAL LEAVE INSURANCE, THE HEAD OF WHICH IS THE DIRECTOR OF THE
DIVISION.
(2) (a) THE DIVISION CONSTITUTES AN ENTERPRISE FOR PURPOSES
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, AS LONG AS
THE DIVISION RETAINS AUTHORITY TO ISSUE REVENUE BONDS AND THE
DIVISION RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL ANNUAL
REVENUES IN GRANTS, AS DEFINED IN SECTION 24-77-102 (7), FROM ALL
COLORADO STATE AND LOCAL GOVERNMENTS COMBINED. FOR AS LONG AS
IT CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SECTION, THE DIVISION
IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE
CONSTITUTION.
(b) THE ENTERPRISE ESTABLISHED PURSUANT TO THIS SUBSECTION
(2) HAS ALL THE POWERS AND DUTIES AUTHORIZED BY THIS PART 3
PERTAINING TO FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS. THE
FUND CONSTITUTES PART OF THE ENTERPRISE ESTABLISHED PURSUANT TO
THIS SUBSECTION (2).
(c) NOTHING IN THIS SUBSECTION (2) LIMITS OR RESTRICTS THE
AUTHORITY OF THE DIVISION TO EXPEND ITS REVENUES CONSISTENT WITH
THIS PART 3.
(d) THE DIVISION IS HEREBY AUTHORIZED TO ISSUE REVENUE
BONDS FOR THE EXPENSES OF THE DIVISION, WHICH BONDS MAY BE
SECURED BY ANY REVENUES OF THE DIVISION. REVENUE FROM THE BONDS
ISSUED PURSUANT TO THIS SUBSECTION (2) SHALL BE DEPOSITED INTO THE
FUND.
8-13.3-305. Family and medical leave insurance program -
creation - division duties - outreach and education - rules. (1) (a) THE
DIVISION SHALL ESTABLISH AND ADMINISTER A FAMILY AND MEDICAL
LEAVE INSURANCE PROGRAM TO GRANT FAMILY AND MEDICAL LEAVE TO
ELIGIBLE INDIVIDUALS AND PAY FAMILY AND MEDICAL LEAVE INSURANCE
BENEFITS TO ELIGIBLE INDIVIDUALS AS SPECIFIED IN THIS PART 3.
(b) STARTING JULY 1, 2020, THE DIVISION SHALL ESTABLISH AND
IMPLEMENT THE PROGRAM, INCLUDING SETTING PREMIUM AMOUNTS BY
RULE IN ACCORDANCE WITH SECTION 8-13.3-309 (2)(a).
(2) THE DIVISION SHALL ESTABLISH PROCEDURES AND FORMS FOR
FILING CLAIMS FOR BENEFITS UNDER THE PROGRAM. THE DIVISION SHALL
NOTIFY AN EMPLOYER WITHIN FIVE BUSINESS DAYS AFTER A COVERED
INDIVIDUAL FILES A CLAIM FOR BENEFITS UNDER SECTION 8-13.3-306.
(3) THE DIVISION SHALL USE INFORMATION-SHARING AND
INTEGRATION TECHNOLOGY TO FACILITATE THE DISCLOSURE OF RELEVANT
INFORMATION OR RECORDS PERTAINING TO A COVERED INDIVIDUAL IF THE
COVERED INDIVIDUAL CONSENTS TO THE DISCLOSURE IN ACCORDANCE
WITH THIS PART 3.
(4) INFORMATION CONTAINED IN THE DIVISION'S FILES AND
RECORDS PERTAINING TO A COVERED INDIVIDUAL UNDER THIS PART 3 ARE
CONFIDENTIAL AND NOT OPEN TO PUBLIC INSPECTION; EXCEPT THAT A
COVERED INDIVIDUAL OR A PERSON AUTHORIZED BY A COVERED
INDIVIDUAL, AS EVIDENCED BY A SIGNED AUTHORIZATION FROM THE
COVERED INDIVIDUAL, MAY REVIEW THE FILES AND RECORDS OR RECEIVE
SPECIFIC INFORMATION FROM THE FILES AND RECORDS. IN ADDITION, A
PUBLIC EMPLOYEE MAY ACCESS AND USE THE INFORMATION IN THE
PERFORMANCE OF THE PUBLIC EMPLOYEE'S OFFICIAL DUTIES.
(5) (a) BY JULY 1, 2022, AND FOR AS LONG AS THE PROGRAM
CONTINUES, THE DIVISION SHALL DEVELOP AND IMPLEMENT OUTREACH
SERVICES TO EDUCATE THE PUBLIC ABOUT THE AVAILABILITY OF FAMILY
AND MEDICAL LEAVE AND BENEFITS UNDER THIS PART 3 FOR COVERED
INDIVIDUALS.
(b) THE DIVISION SHALL ENSURE THAT THE OUTREACH
INFORMATION EXPLAINS, IN AN EASY-TO-UNDERSTAND FORMAT, AT LEAST
THE FOLLOWING:
(I) ELIGIBILITY REQUIREMENTS;
(II) THE CLAIMS PROCESS;
(III) WEEKLY BENEFIT AMOUNTS AND MAXIMUM BENEFITS
PAYABLE;
(IV) NOTICE AND DOCUMENTATION REQUIREMENTS;
(V) REINSTATEMENT AND NONDISCRIMINATION RIGHTS;
(VI) CONFIDENTIALITY OF FILES AND RECORDS;
(VII) THE RELATIONSHIP BETWEEN EMPLOYMENT PROTECTION,
LEAVE FROM EMPLOYMENT, AND WAGE REPLACEMENT BENEFITS UNDER
THIS PART 3 AND OTHER LAWS, COLLECTIVE BARGAINING AGREEMENTS,
AND EMPLOYER POLICIES; AND
(VIII) ANY OTHER DETAILS OR INFORMATION ABOUT THE
PROGRAM THE DIVISION DEEMS APPROPRIATE.
(c) THE DIVISION SHALL DEVELOP A PROGRAM NOTICE THAT
DETAILS THE PROGRAM REQUIREMENTS, BENEFITS, CLAIMS PROCESS,
PAYROLL DEDUCTION REQUIREMENTS, AND OTHER PERTINENT PROGRAM
INFORMATION. EACH EMPLOYER SHALL POST THE PROGRAM NOTICE IN A
PROMINENT LOCATION IN THE WORKPLACE AND NOTIFY ITS EMPLOYEES OF
THE PROGRAM, IN WRITING, UPON HIRING AND UPON LEARNING OF AN
EMPLOYEE EXPERIENCING AN EVENT THAT TRIGGERS ELIGIBILITY
PURSUANT TO SECTION 8-13.3-306.
(d) THE DIVISION SHALL PROVIDE THE INFORMATION REQUIRED BY
THIS SUBSECTION (5) IN A MANNER THAT IS CULTURALLY COMPETENT AND
LINGUISTICALLY APPROPRIATE.
(e) THE DIVISION MAY, ON ITS OWN OR THROUGH A CONTRACT
WITH AN OUTSIDE VENDOR, USE A PORTION OF THE MONEY IN THE FUND TO
DEVELOP, IMPLEMENT, AND ADMINISTER OUTREACH SERVICES.
8-13.3-306. Family and medical leave insurance benefits -
application - eligibility - rules. (1) BEGINNING JANUARY 1, 2024,
EXCEPT AS PROVIDED IN SUBSECTION (4) OF THIS SECTION, AN INDIVIDUAL
IS ELIGIBLE TO TAKE FAMILY AND MEDICAL LEAVE AND TO RECEIVE
FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS IF THE INDIVIDUAL:
(a) IS TAKING FAMILY AND MEDICAL LEAVE FOR ONE OF THE
FOLLOWING PURPOSES:
(I) A SERIOUS HEALTH CONDITION;
(II) CARING FOR A NEW CHILD DURING THE FIRST YEAR AFTER THE
BIRTH OR ADOPTION OF THE CHILD OR THE PLACEMENT OF THE CHILD
THROUGH FOSTER CARE;
(III) CARING FOR A FAMILY MEMBER WHO HAS A SERIOUS HEALTH
CONDITION; OR
(IV) A QUALIFYING EXIGENCY;
(b) FILES A CLAIM FOR BENEFITS IN A FORM AND MANNER
REQUIRED BY THE DIRECTOR BY RULE;
(c) IS A COVERED INDIVIDUAL;
(d) CONSENTS TO THE DISCLOSURE OF INFORMATION OR RECORDS
DEEMED CONFIDENTIAL UNDER STATE LAW PURSUANT TO SECTION
8-13.3-305 (4); AND
(e) (I) IF CURRENTLY EMPLOYED, ATTESTS, IN THE APPLICATION
FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS, THAT THE
INDIVIDUAL NOTIFIED THE INDIVIDUAL'S EMPLOYER OF THE INTENT TO
TAKE FAMILY AND MEDICAL LEAVE FROM WORK FOR ONE OF THE PURPOSES
SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION.
(II) IN ANY CASE IN WHICH THE NECESSITY FOR FAMILY AND
MEDICAL LEAVE IS FORESEEABLE, THE INDIVIDUAL SHALL PROVIDE THE
INDIVIDUAL'S EMPLOYER WITH NOT LESS THAN THIRTY DAYS' NOTICE
BEFORE THE DATE THE LEAVE IS TO BEGIN OF THE INDIVIDUAL'S INTENTION
TO TAKE LEAVE UNDER THIS PART 3. IF THE NECESSITY FOR LEAVE IS NOT
FORESEEABLE OR PROVIDING THIRTY DAYS' NOTICE IS NOT POSSIBLE, THE
INDIVIDUAL SHALL PROVIDE THE NOTICE AS SOON AS PRACTICABLE.
(2) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (1) OF THIS
SECTION, THE DIVISION SHALL REQUIRE A COVERED INDIVIDUAL WHO
APPLIES FOR BENEFITS TO:
(a) ATTEST TO THE NEED FOR LEAVE AND THAT THE COVERED
INDIVIDUAL:
(I) (A) HAS A SERIOUS HEALTH CONDITION;
(B) BECAUSE OF A BIRTH, ADOPTION, OR PLACEMENT THROUGH
FOSTER CARE, IS CARING FOR A NEW CHILD DURING THE FIRST YEAR AFTER
BIRTH, ADOPTION, OR PLACEMENT OF THE CHILD;
(C) IS CARING FOR A FAMILY MEMBER WHO HAS A SERIOUS HEALTH
CONDITION; OR
(D) IS TAKING LEAVE FOR A QUALIFYING EXIGENCY;
(II) IS NOT RECEIVING UNEMPLOYMENT INSURANCE BENEFITS; AND
(b) FOR LEAVE DESCRIBED IN SUBSECTION (1)(a)(I) OR (1)(a)(III)
OF THIS SECTION, SUBMIT A CERTIFICATION FROM THE HEALTH CARE
PROVIDER PROVIDING HEALTH CARE TO THE COVERED INDIVIDUAL OR THE
COVERED INDIVIDUAL'S FAMILY MEMBER, AS APPLICABLE, SUPPORTING
THE CLAIM THAT THE COVERED INDIVIDUAL OR THE COVERED
INDIVIDUAL'S FAMILY MEMBER HAS A SERIOUS HEALTH CONDITION AND
ESTIMATING THE FREQUENCY AND DURATION OF LEAVE NEEDED. TO
PROVIDE EVIDENCE THAT THE COVERED INDIVIDUAL OR THE COVERED
INDIVIDUAL'S FAMILY MEMBER HAS A SERIOUS HEALTH CONDITION
RELATED TO DOMESTIC ABUSE, SEXUAL ASSAULT OR ABUSE, OR STALKING,
THE COVERED INDIVIDUAL MAY PROVIDE DOCUMENTS, INCLUDING, BUT
NOT LIMITED TO:
(I) A POLICE REPORT WRITTEN WITHIN THE PRIOR SIXTY DAYS;
(II) A VALID PROTECTION ORDER; OR
(III) A WRITTEN STATEMENT ESTIMATING THE FREQUENCY AND
DURATION OF LEAVE NEEDED FROM A HEALTH CARE PROVIDER OR
APPLICATION ASSISTANT, AS DEFINED IN SECTION 24-30-2103 (4), WHO
EXAMINED OR CONSULTED WITH THE COVERED INDIVIDUAL OR COVERED
INDIVIDUAL'S FAMILY MEMBER.
(3) (a) SUBJECT TO LIMITATIONS ESTABLISHED BY THE DIRECTOR
BY RULE, A COVERED INDIVIDUAL'S FAMILY MEMBER MAY, WHEN THE
COVERED INDIVIDUAL IS UNABLE TO DO SO DUE TO A SERIOUS HEALTH
CONDITION:
(I) FILE A CLAIM FOR BENEFITS ON BEHALF OF THE COVERED
INDIVIDUAL PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION;
(II) NOTIFY THE COVERED INDIVIDUAL'S EMPLOYER ON BEHALF OF
THE COVERED INDIVIDUAL PURSUANT TO SUBSECTION (1)(e) OF THIS
SECTION; OR
(III) SUBMIT CERTIFICATION FROM A HEALTH CARE PROVIDER ON
BEHALF OF THE COVERED INDIVIDUAL PURSUANT TO SUBSECTION (2)(b) OF
THIS SECTION.
(b) A COVERED INDIVIDUAL'S FAMILY MEMBER SHALL NOT FILE,
NOTIFY, OR SUBMIT UNDER SUBSECTION (3)(a) OF THIS SECTION IF THE
FAMILY MEMBER IS THE INDIVIDUAL ACCUSED OF DOMESTIC ABUSE,
SEXUAL ASSAULT OR ABUSE, OR STALKING AGAINST THE COVERED
INDIVIDUAL FOR WHICH THE COVERED INDIVIDUAL IS REQUESTING FAMILY
AND MEDICAL LEAVE INSURANCE BENEFITS.
(c) A COVERED INDIVIDUAL SHALL NOT BE ADVERSELY AFFECTED
IF A FAMILY MEMBER FAILS TO ACT IN ACCORDANCE WITH SUBSECTION
(3)(a) OF THIS SECTION.
(d) SECTION 8-13.3-307 (2)(a) APPLIES IF A FAMILY MEMBER DOES
NOT FILE A CLAIM, FURNISH NOTICE, OR SUBMIT CERTIFICATION ON BEHALF
OF THE COVERED INDIVIDUAL UNDER SUBSECTION (3)(a) OF THIS SECTION.
(4) A COVERED INDIVIDUAL WHO OTHERWISE MEETS THE
REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION IS ELIGIBLE FOR
FAMILY AND MEDICAL LEAVE AND BENEFITS:
(a) REGARDLESS OF WHETHER THE COVERED INDIVIDUAL IS
CURRENTLY EMPLOYED OR IS WORKING AT AN ADDITIONAL JOB WHILE
TAKING FAMILY AND MEDICAL LEAVE; OR
(b) IF THE COVERED INDIVIDUAL FAILS TO FILE AN APPLICATION
FOR BENEFITS PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION, NOTIFY
THE INDIVIDUAL'S EMPLOYER PURSUANT TO SUBSECTION (1)(e) OF THIS
SECTION, OR SUBMIT A CERTIFICATION PURSUANT TO SUBSECTION (2)(b)
OF THIS SECTION, BUT THE PAYMENT OF BENEFITS IS SUBJECT TO THE
LIMITATIONS SPECIFIED IN SECTION 8-13.3-307 (2)(a).
(5) (a) THE DIVISION SHALL APPROVE OR DENY A CLAIM FOR
BENEFITS WITHIN FOURTEEN DAYS AFTER RECEIVING THE CLAIM.
(b) THE DIRECTOR SHALL ESTABLISH A SYSTEM FOR
ADMINISTRATIVE REVIEW AND DETERMINATION OF CLAIMS IN THE SAME
MANNER AS SECTION 8-74-102 AND PURSUANT TO ADDITIONAL RULES AS
PRESCRIBED BY THE DIRECTOR.
(c) A COVERED INDIVIDUAL MAY APPEAL THE DETERMINATION OF
THE DIVISION AND OBTAIN A HEARING IN THE SAME MANNER AS SPECIFIED
IN SECTION 8-74-103. THE HEARING OFFICER'S DECISION MAY BE APPEALED
IN THE SAME MANNER AS SPECIFIED IN SECTION 8-4-111.5 (5).
(d) IF A COVERED INDIVIDUAL FILES A CIVIL ACTION IN A COURT OF
COMPETENT JURISDICTION TO ENFORCE A JUDGMENT MADE UNDER THIS
SECTION, ANY FILING FEE UNDER ARTICLE 32 OF TITLE 13 SHALL BE
WAIVED.
8-13.3-307. Duration of benefits - payment intervals.
(1) (a) THE MAXIMUM NUMBER OF WEEKS FOR WHICH AN ELIGIBLE
INDIVIDUAL MAY TAKE FAMILY AND MEDICAL LEAVE AND FOR WHICH
FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS ARE PAYABLE TO AN
ELIGIBLE INDIVIDUAL FOR A PURPOSE SPECIFIED IN SECTION 8-13.3-306
(1)(a) IN ANY CONSECUTIVE FIFTY-TWO-WEEK PERIOD IS TWELVE WEEKS.
(b) THE MAXIMUM NUMBER OF TOTAL WEEKS FOR WHICH AN
ELIGIBLE INDIVIDUAL MAY TAKE FAMILY AND MEDICAL LEAVE AND FOR
WHICH FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS ARE PAYABLE
TO AN ELIGIBLE INDIVIDUAL IN AGGREGATE FOR SEPARATE PURPOSES
SPECIFIED IN SECTION 8-13.3-306 (1)(a) IN ANY CONSECUTIVE
FIFTY-TWO-WEEK PERIOD IS TWELVE WEEKS.
(2) (a) FAILURE BY A COVERED INDIVIDUAL WHO IS OTHERWISE
ELIGIBLE UNDER SECTION 8-13.3-306 TO FILE A CLAIM FOR BENEFITS
PURSUANT TO SECTION 8-13.3-306 (1)(b), FURNISH NOTICE TO AN
EMPLOYER PURSUANT TO SECTION 8-13.3-306 (1)(e), OR SUBMIT
CERTIFICATION FROM A HEALTH CARE PROVIDER IN THE MANNER SPECIFIED
IN SECTION 8-13.3-306 (2)(b) DOES NOT INVALIDATE A CLAIM FOR
BENEFITS OR AN ELIGIBLE INDIVIDUAL'S ELIGIBILITY FOR BENEFITS, BUT
THE DIVISION IS NOT REQUIRED TO PAY BENEFITS FOR A PERIOD OF MORE
THAN TWO WEEKS PRIOR TO THE DATE ON WHICH THE ELIGIBLE INDIVIDUAL
FILES THE REQUIRED APPLICATION, FURNISHES NOTICE TO THE
INDIVIDUAL'S EMPLOYER, OR SUBMITS THE CERTIFICATION FROM THE
HEALTH CARE PROVIDER, AS APPLICABLE, UNLESS THE ELIGIBLE
INDIVIDUAL DEMONSTRATES TO THE SATISFACTION OF THE DIVISION THAT:
(I) GOOD CAUSE EXISTS, AS DETERMINED BY THE DIVISION, FOR
THE ELIGIBLE INDIVIDUAL'S FAILURE TO TIMELY SUBMIT THE APPLICATION
OR CERTIFICATION OR FURNISH THE NOTICE TO THE INDIVIDUAL'S
EMPLOYER; AND
(II) THE ELIGIBLE INDIVIDUAL SUBMITTED THE APPLICATION AND
CERTIFICATION AND NOTIFIED THE INDIVIDUAL'S EMPLOYER AS SOON AS
POSSIBLE.
(b) THE DIVISION SHALL NOTIFY THE ELIGIBLE INDIVIDUAL'S
EMPLOYER OF THE DIVISION'S DETERMINATION MADE PURSUANT TO THIS
SUBSECTION (2).
(3) THE DIVISION SHALL MAKE THE FIRST PAYMENT OF BENEFITS
TO AN ELIGIBLE INDIVIDUAL WITHIN TWO WEEKS AFTER THE ELIGIBLE
INDIVIDUAL FILES THE CLAIM FOR BENEFITS AND SHALL MAKE
SUBSEQUENT PAYMENTS WEEKLY OR BIWEEKLY.
8-13.3-308. Amount of benefits - maximum weekly benefit.
(1) (a) THE DIVISION SHALL DETERMINE AN ELIGIBLE INDIVIDUAL'S
WEEKLY BENEFIT AMOUNT, SUBJECT TO SUBSECTION (1)(b) OF THIS
SECTION, AS FOLLOWS:
(I) NINETY PERCENT OF THE ELIGIBLE INDIVIDUAL'S WEEKLY WAGE
FOR ALL WAGES THAT ARE LESS THAN FIFTY PERCENT OF THE AVERAGE
WEEKLY WAGE; AND
(II) FIFTY PERCENT OF THE ELIGIBLE INDIVIDUAL'S WEEKLY WAGE
FOR ALL WAGES THAT EQUAL OR EXCEED FIFTY PERCENT OF THE AVERAGE
WEEKLY WAGE.
(b) THE MAXIMUM WEEKLY BENEFIT AMOUNT DETERMINED UNDER
SUBSECTION (1)(a) OF THIS SECTION MUST NOT EXCEED ONE THOUSAND
DOLLARS PER WEEK. STARTING JANUARY 1, 2025, THE DIVISION SHALL
ANNUALLY ADJUST THE MAXIMUM WEEKLY BENEFIT AMOUNT TO AN
AMOUNT EQUAL TO NINETY PERCENT OF THE AVERAGE WEEKLY WAGE.
(c) THE DIVISION SHALL CALCULATE AN ELIGIBLE INDIVIDUAL'S
WEEKLY BENEFIT AMOUNT BASED ON THE ELIGIBLE INDIVIDUAL'S WEEKLY
WAGE EARNED FROM THE JOB FROM WHICH THE ELIGIBLE INDIVIDUAL IS
TAKING FAMILY AND MEDICAL LEAVE. IF THE ELIGIBLE INDIVIDUAL IS ABLE
TO CONTINUE WORKING AT AN ADDITIONAL JOB WHERE THE INDIVIDUAL
IS NOT TAKING LEAVE WHILE TAKING FAMILY AND MEDICAL LEAVE, THE
DIVISION SHALL NOT CONSIDER THE ELIGIBLE INDIVIDUAL'S WEEKLY WAGE
EARNED FROM THE ADDITIONAL JOB WHEN CALCULATING THE ELIGIBLE
INDIVIDUAL'S WEEKLY BENEFIT AMOUNT.
(2) FOR PURPOSES OF CALCULATING AN ELIGIBLE INDIVIDUAL'S
WEEKLY BENEFIT IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION,
THE ELIGIBLE INDIVIDUAL'S WEEKLY WAGE IS ONE-THIRTEENTH OF THE
WAGES PAID DURING THE QUARTER OF THE ELIGIBLE INDIVIDUAL'S BASE
PERIOD, AS DEFINED IN SECTION 8-70-103 (2), OR ALTERNATIVE BASE
PERIOD, AS DEFINED IN SECTION 8-70-103 (1.5), IN WHICH THE TOTAL
WAGES WERE HIGHEST. FOR PURPOSES OF THIS SUBSECTION (2), WAGES
INCLUDE , BUT ARE NOT LIMITED TO, SALARY, WAGES, TIPS, COMMISSIONS,
AND OTHER COMPENSATION AS DETERMINED BY THE DIRECTOR BY RULE.
(3) AN ELIGIBLE INDIVIDUAL MAY TAKE INTERMITTENT LEAVE IN
INCREMENTS OF ONE HOUR OR SHORTER IF CONSISTENT WITH THE
INCREMENTS THE EMPLOYER TYPICALLY USES TO MEASURE EMPLOYEE
LEAVE; EXCEPT THAT BENEFITS ARE NOT PAYABLE UNTIL THE ELIGIBLE
INDIVIDUAL ACCUMULATES AT LEAST ONE DAY OR EIGHT HOURS OF
FAMILY AND MEDICAL LEAVE.
(4) THE DIVISION SHALL NOT REDUCE THE WEEKLY BENEFIT
AMOUNT BY THE AMOUNT OF WAGE REPLACEMENT THAT AN ELIGIBLE
INDIVIDUAL RECEIVES WHILE ON FAMILY AND MEDICAL LEAVE UNDER ANY
OF THE FOLLOWING CONDITIONS, UNLESS THE AGGREGATE AMOUNT AN
ELIGIBLE INDIVIDUAL WOULD RECEIVE WOULD EXCEED THE ELIGIBLE
INDIVIDUAL'S WEEKLY WAGE:
(a) A TEMPORARY DISABILITY POLICY OR PROGRAM OF AN
EMPLOYER;
(b) A PAID FAMILY OR MEDICAL LEAVE POLICY OF AN EMPLOYER;
OR
(c) ACCRUED PAID LEAVE, INCLUDING, BUT NOT LIMITED TO, SICK,
VACATION, OR PERSONAL TIME, THAT AN ELIGIBLE INDIVIDUAL
VOLUNTARILY ELECTS TO TAKE.
(5) (a) AN EMPLOYER MAY PAY FAMILY AND MEDICAL LEAVE
INSURANCE BENEFITS DIRECTLY TO AN ELIGIBLE INDIVIDUAL AND SEEK
REIMBURSEMENT AS PROVIDED IN THIS SUBSECTION (5).
(b) EXCEPT AS PROVIDED IN SUBSECTION (5)(c) OF THIS SECTION,
IF AN EMPLOYER MAKES ADVANCE PAYMENTS TO AN EMPLOYEE THAT ARE
EQUAL TO OR GREATER THAN THE AMOUNT REQUIRED UNDER THIS PART 3,
DURING ANY PERIOD OF FAMILY AND MEDICAL LEAVE FOR WHICH THE
EMPLOYEE IS ENTITLED TO THE BENEFITS PROVIDED BY THIS PART 3, THE
DIVISION SHALL REIMBURSE THE EMPLOYER FROM THE FUND IN AN
AMOUNT EQUAL TO ANY BENEFITS DUE OR TO BECOME DUE FOR THE
EMPLOYEE UNDER THIS PART 3 IF THE EMPLOYER'S CLAIM FOR
REIMBURSEMENT IS FILED WITH THE DIVISION PRIOR TO THE DIVISION'S
PAYMENT OF BENEFITS TO THE EMPLOYEE.
(c) IF AN EMPLOYER THAT PROVIDES FAMILY AND MEDICAL LEAVE
INSURANCE BENEFITS THROUGH A PRIVATE PLAN APPROVED PURSUANT TO
SECTION 8-13.3-315 MAKES ADVANCE PAYMENTS TO AN EMPLOYEE THAT
ARE EQUAL TO OR GREATER THAN THE AMOUNT REQUIRED UNDER THIS
PART 3, DURING ANY PERIOD OF FAMILY AND MEDICAL LEAVE FOR WHICH
THE EMPLOYEE IS ENTITLED TO THE BENEFITS PROVIDED BY THIS PART 3,
THE ENTITY THAT ISSUED THE PRIVATE PLAN SHALL REIMBURSE THE
EMPLOYER IN AN AMOUNT EQUAL TO ANY BENEFITS DUE OR TO BECOME
DUE FOR THE EXISTING FAMILY AND MEDICAL LEAVE, IF THE EMPLOYER'S
CLAIM FOR REIMBURSEMENT IS FILED WITH THE ENTITY THAT ISSUED THE
PRIVATE PLAN PRIOR TO PAYMENT OF THE BENEFITS UNDER THE PRIVATE
PLAN TO THE EMPLOYEE.
(d) THIS SUBSECTION (5) DOES NOT DIMINISH ANY RIGHTS OR
REMEDIES FOR THE EMPLOYEE UNDER THIS PART 3, INCLUDING BUT NOT
LIMITED TO ALL RIGHTS PROVIDED UNDER SECTION 8-13.3-310.
(6) THE DIVISION SHALL, IN A TIMELY MANNER, PROVIDE
ELECTRONIC DATA TO THE DEPARTMENT OF REVENUE WITH INFORMATION
REGARDING TAXPAYERS TO WHOM BENEFITS HAVE BEEN PAID IN
ACCORDANCE WITH THIS PART 3, INCLUDING THE BENEFICIARY'S TAX
IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER, THE AMOUNT OF
BENEFITS PAID, AND THE TAX YEAR IN WHICH BENEFITS WERE RECEIVED.
8-13.3-309. Family and medical leave insurance fund -
creation - employee premiums - rules. (1) (a) THERE IS HEREBY
CREATED IN THE STATE TREASURY THE FAMILY AND MEDICAL LEAVE
INSURANCE FUND. THE FUND CONSISTS OF PREMIUMS PAID PURSUANT TO
SUBSECTION (2) OF THIS SECTION AND REVENUES FROM REVENUE BONDS
ISSUED IN ACCORDANCE WITH SECTION 8-13.3-304 (2)(d). MONEY IN THE
FUND MAY BE USED ONLY TO PAY REVENUE BONDS; TO REIMBURSE
EMPLOYERS WHO PAY FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS
DIRECTLY TO EMPLOYEES IN ACCORDANCE WITH SECTION 8-13.3-308
(5)(a); TO REIMBURSE MEMBERS OF THE FAMILY AND MEDICAL LEAVE
INSURANCE ADVISORY BOARD IN ACCORDANCE WITH SECTION 8-13.3-317
(4); AND TO PAY BENEFITS UNDER, AND TO ADMINISTER, THE PROGRAM
PURSUANT TO THIS PART 3, INCLUDING TECHNOLOGY COSTS TO
ADMINISTER THE PROGRAM AND OUTREACH SERVICES DEVELOPED UNDER
SECTION 8-13.3-305 (5). INTEREST EARNED ON THE INVESTMENT OF
MONEY IN THE FUND REMAINS IN THE FUND. ANY MONEY REMAINING IN
THE FUND AT THE END OF A FISCAL YEAR REMAINS IN THE FUND AND DOES
NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND. STATE MONEY
IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE DIVISION FOR THE
PURPOSE OF THIS SECTION. THE GENERAL ASSEMBLY SHALL NOT
APPROPRIATE MONEY FROM THE FUND FOR THE GENERAL EXPENSES OF THE
STATE.
(b) THE DIVISION MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,
AND DONATIONS, INCLUDING PROGRAM-RELATED INVESTMENTS AND
COMMUNITY REINVESTMENT FUNDS, TO FINANCE THE COSTS OF
ESTABLISHING AND IMPLEMENTING THE PROGRAM.
(2) (a) (I) EFFECTIVE JANUARY 1, 2023, EACH INDIVIDUAL
EMPLOYED BY AN EMPLOYER IN THIS STATE SHALL PAY SIXTY PERCENT
AND EACH EMPLOYER IN THE STATE SHALL PAY FORTY PERCENT OF THE
PREMIUM AMOUNT DETERMINED IN ACCORDANCE WITH THIS SUBSECTION
(2)(a). THE DIRECTOR SHALL NOT APPLY THE PREMIUM TO WAGES THAT
EXCEED EIGHTY PERCENT OF THE CONTRIBUTION AND BENEFIT BASE LIMIT
ESTABLISHED ANNUALLY BY THE UNITED STATES SOCIAL SECURITY
ADMINISTRATION FOR PURPOSES OF THE FEDERAL "OLD-AGE, SURVIVORS,
AND DISABILITY INSURANCE AMENDMENTS OF 1965", AS AMENDED,
PUB.L. 89-97. PREMIUMS ESTABLISHED IN ACCORDANCE WITH THIS
SUBSECTION (2) ARE FEES AND NOT TAXES.
(II) (A) FOR THE 2023 AND 2024 CALENDAR YEARS, THE PREMIUM
AMOUNT IS SIXTY-FOUR ONE-HUNDREDTHS OF ONE PERCENT OF WAGES PER
EMPLOYEE.
(B) FOR THE 2025 CALENDAR YEAR, THE DIRECTOR SHALL SET THE
PREMIUM BASED ON A PERCENT OF EMPLOYEE WAGES AND AT THE RATE
NECESSARY TO OBTAIN A TOTAL AMOUNT OF PREMIUM CONTRIBUTIONS
EQUAL TO ONE HUNDRED FIFTY PERCENT OF THE BENEFITS PAID DURING
THE IMMEDIATELY PRECEDING CALENDAR YEAR PLUS AN AMOUNT EQUAL
TO ONE HUNDRED PERCENT OF THE COST OF ADMINISTRATION OF THE
PAYMENT OF THOSE BENEFITS DURING THE IMMEDIATELY PRECEDING
CALENDAR YEAR. THE PREMIUMS ESTABLISHED IN ACCORDANCE WITH THIS
SUBSECTION (2)(a)(II)(B) MUST NOT EXCEED NINETY-NINE ONE
HUNDREDTHS OF ONE PERCENT OF WAGES PER EMPLOYEE.
(C) FOR THE 2026 CALENDAR YEAR AND EACH CALENDAR YEAR
THEREAFTER, THE DIRECTOR SHALL SET THE PREMIUM BASED ON A
PERCENT OF EMPLOYEE WAGES AND AT THE RATE NECESSARY TO OBTAIN
A TOTAL AMOUNT OF PREMIUM CONTRIBUTIONS EQUAL TO BETWEEN ONE
HUNDRED TWENTY-FIVE AND ONE HUNDRED FIFTY PERCENT OF THE
BENEFITS PAID DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR
PLUS AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE COST OF
ADMINISTRATION OF THE PAYMENT OF THOSE BENEFITS DURING THE
IMMEDIATELY PRECEDING CALENDAR YEAR. THE PREMIUMS ESTABLISHED
IN ACCORDANCE WITH THIS SUBSECTION (2)(a)(II)(C) MUST NOT EXCEED
NINETY-NINE ONE HUNDREDTHS OF ONE PERCENT OF WAGES PER
EMPLOYEE.
(b) EACH EMPLOYER SHALL COLLECT THE EMPLOYEE'S SHARE OF
THE PREMIUM AMOUNT FROM EACH EMPLOYEE AS A PAYROLL DEDUCTION
FROM THE EMPLOYEE'S WAGES EACH PAYROLL PERIOD AND SHALL REMIT
THE EMPLOYEE'S SHARE AND THE EMPLOYER'S SHARE OF THE PREMIUM
AMOUNT TO THE DIVISION, WHICH SHALL TRANSMIT THE PREMIUMS TO THE
STATE TREASURER FOR DEPOSIT IN THE FUND.
(3) NOTWITHSTANDING SUBSECTION (2) OF THIS SECTION, IF A
LOCAL GOVERNMENT HAS DECLINED PARTICIPATION IN THE PROGRAM IN
ACCORDANCE WITH SECTION 8-13.3-314:
(a) THE LOCAL GOVERNMENT IS NOT REQUIRED TO PAY THE
PREMIUMS IMPOSED IN THIS SECTION OR COLLECT PREMIUMS FROM
EMPLOYEES WHO HAVE ELECTED COVERAGE PURSUANT TO SECTION
8-13.3-313.
(b) AN EMPLOYEE OF THE LOCAL GOVERNMENT IS NOT REQUIRED
TO PAY THE PREMIUMS IMPOSED IN THIS SECTION UNLESS THE EMPLOYEE
HAS ELECTED COVERAGE PURSUANT TO SECTION 8-13.3- 313.
8-13.3-310. Employment protection - discrimination
prohibited - rules. (1) (a) AN ELIGIBLE INDIVIDUAL WHO WAS EMPLOYED
BY AN EMPLOYER FOR NINETY DAYS OR LONGER AND WHO TAKES FAMILY
AND MEDICAL LEAVE UNDER THIS PART 3 FOR THE INTENDED PURPOSE OF
THE LEAVE IS ENTITLED, ON RETURN FROM THE LEAVE:
(I) TO BE RESTORED BY THE EMPLOYER TO THE POSITION OF
EMPLOYMENT HELD BY THE ELIGIBLE INDIVIDUAL WHEN THE LEAVE
COMMENCED; OR
(II) TO BE RESTORED TO AN EQUIVALENT POSITION WITH
EQUIVALENT EMPLOYMENT BENEFITS, PAY, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT.
(b) THIS SUBSECTION (1) DOES NOT APPLY TO A SEASONAL
WORKER, AS DEFINED IN SECTION 8-73-106.
(2) AN EMPLOYER SHALL NOT DISCHARGE, DEMOTE, OR OTHERWISE
DISCRIMINATE OR TAKE ANY ADVERSE EMPLOYMENT ACTION AGAINST AN
INDIVIDUAL BECAUSE THE INDIVIDUAL:
(a) FILED FOR, APPLIED FOR, OR USED BENEFITS UNDER THIS PART
3;
(b) COMMUNICATED TO THE EMPLOYER AN INTENT TO FILE A
CLAIM FOR BENEFITS, A COMPLAINT, OR AN APPEAL;
(c) TESTIFIED, AGREED TO TESTIFY, OR OTHERWISE ASSISTED IN
ANY PROCEEDING UNDER THIS PART 3; OR
(d) TOOK, OR ATTEMPTED TO TAKE, FAMILY AND MEDICAL LEAVE.
(3) AN EMPLOYER SHALL NOT REDUCE AN ELIGIBLE INDIVIDUAL'S
BENEFITS THAT HAVE ACCRUED PRIOR TO THE DATE ON WHICH THE FAMILY
AND MEDICAL LEAVE COMMENCED BASED ON THE ELIGIBLE INDIVIDUAL'S
CONDUCT SPECIFIED IN SUBSECTION (2) OF THIS SECTION.
(4) DURING ANY PERIOD OF FAMILY AND MEDICAL LEAVE TAKEN
UNDER THIS PART 3, AN EMPLOYER SHALL MAINTAIN ANY EXISTING
HEALTH BENEFITS OF THE ELIGIBLE INDIVIDUAL FOR THE DURATION OF THE
LEAVE AS IF THE ELIGIBLE INDIVIDUAL CONTINUED TO WORK FROM THE
DATE THE ELIGIBLE INDIVIDUAL COMMENCED FAMILY AND MEDICAL
LEAVE.
(5) (a) THE DIVISION SHALL ENFORCE THIS SECTION, INCLUDING
ESTABLISHING A SYSTEM UTILIZING MULTIPLE MEANS OF COMMUNICATION
TO RECEIVE COMPLAINTS REGARDING NONCOMPLIANCE WITH THIS
SECTION. ANY INDIVIDUAL AGGRIEVED BY A VIOLATION OF THIS SECTION
MAY FILE A COMPLAINT WITH THE DIVISION AGAINST AN EMPLOYER FOR A
VIOLATION OF THIS SECTION.
(b) UPON RECEIVING A COMPLAINT ALLEGING A VIOLATION OF THIS
SECTION, THE DIVISION SHALL INVESTIGATE THE COMPLAINT IN A TIMELY
MANNER AND MAY RESOLVE THE CLAIM THROUGH MEDIATION BETWEEN
THE AGGRIEVED INDIVIDUAL AND THE EMPLOYER IF THE AGGRIEVED
INDIVIDUAL AND THE EMPLOYER EACH AGREE TO MEDIATE AND AGREE TO
THE RESOLUTION.
(c) A CLAIM BROUGHT IN ACCORDANCE WITH THIS SECTION MUST
BE FILED WITHIN TWO YEARS AFTER THE DATE OF THE LAST EVENT
CONSTITUTING THE ALLEGED VIOLATION FOR WHICH THE ACTION IS
BROUGHT.
(d) THE DIVISION SHALL CONSULT WITH AND KEEP COMPLAINANTS
NOTIFIED REGARDING THE STATUS OF THEIR COMPLAINT, ANY RESULTING
INVESTIGATION, AND ANY NOTICE OF VIOLATION REGARDING THEIR CLAIM.
IF THE DIVISION RULES THAT A VIOLATION HAS OCCURRED, THE DIVISION
SHALL ISSUE TO THE OFFENDING EMPLOYER A NOTICE OF VIOLATION AND
ANY FINES PURSUANT TO SUBSECTION (5)(h) OF THIS SECTION. THE
DIRECTOR MAY GRANT A REASONABLE PERIOD OF TIME, BUT IN NO EVENT
LONGER THAN FOURTEEN DAYS AFTER THE DAY OF NOTIFICATION, FOR
CORRECTION OF THE VIOLATION. IF THE VIOLATION IS CORRECTED WITHIN
THAT PERIOD, NO FINE SHALL BE IMPOSED. THE DIRECTOR SHALL, BY RULE,
PROVIDE DETAILS REGARDING THE WAIVER OF FINES AND PRESCRIBE THE
FORM AND WORDING OF NOTICES OF VIOLATION, INCLUDING INFORMATION
ON APPEALING THE DECISION OF THE DIVISION.
(e) THE DIVISION SHALL RULE ON A CLAIM WITHIN ONE HUNDRED
EIGHTY DAYS AFTER THE CLAIM IS FILED.
(f) AN AGGRIEVED INDIVIDUAL SHALL NOT BRING A CIVIL ACTION
IN A COURT OF COMPETENT JURISDICTION UNTIL:
(I) A CLAIM BROUGHT UNDER THIS SECTION HAS BEEN RULED UPON
BY THE DIVISION;
(II) MEDIATION IS COMPLETE AND THE CLAIM IS RESOLVED; OR
(III) ONE HUNDRED EIGHTY DAYS HAVE ELAPSED FROM THE DATE
ON WHICH THE CLAIM WAS FILED.
(g) AN EMPLOYER WHO VIOLATES THIS SECTION IS SUBJECT TO THE
DAMAGES AND EQUITABLE RELIEF AVAILABLE UNDER 29 U.S.C. SEC. 2617
(a)(1), INCLUDING ECONOMIC DAMAGES, LIQUIDATED DAMAGES,
ATTORNEY FEES, AND EQUITABLE RELIEF INCLUDING, BUT NOT LIMITED TO,
REINSTATEMENT TO EMPLOYMENT. IF THE AGGRIEVED INDIVIDUAL FILES
A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION AFTER A FINDING
BY THE DIVISION THAT AN EMPLOYER HAS VIOLATED THIS SECTION, ANY
FILING FEE UNDER ARTICLE 32 OF TITLE 13 SHALL BE WAIVED.
(h) THE DIRECTOR, BY RULE, SHALL ESTABLISH A FINE STRUCTURE
FOR EMPLOYERS WHO VIOLATE THIS SECTION. THE DIRECTOR SHALL
TRANSFER ANY FINES COLLECTED PURSUANT TO THIS SECTION TO THE
STATE TREASURER FOR DEPOSIT IN THE FUND.
(6) NOTHING IN THIS SECTION RELIEVES AN EMPLOYER OF ANY
OBLIGATION UNDER A COLLECTIVE BARGAINING AGREEMENT.
(7) THIS SECTION DOES NOT APPLY TO AN EMPLOYEE OF A LOCAL
GOVERNMENT THAT HAS ELECTED COVERAGE PURSUANT TO SECTION
8-13.3-313.
8-13.3-311. Coordination of benefits - rules. (1) (a) LEAVE
TAKEN UNDER THIS PART 3 RUNS CONCURRENTLY WITH ANY FMLA LEAVE
OR LEAVE TAKEN UNDER PART 2 OF THIS ARTICLE 13.3. IF A PERIOD OF
FAMILY AND MEDICAL LEAVE RECEIVED BY AN EMPLOYEE UNDER THIS
PART 3 IS CONCURRENTLY DESIGNATED AS LEAVE PURSUANT TO THE
FMLA OR PART 2 OF THIS ARTICLE 13.3, THE EMPLOYER SHALL NOTIFY
THE EMPLOYEE OF THE DESIGNATION AND SHALL ALSO PROVIDE THE
EMPLOYEE WITH THE NOTICE REQUIRED UNDER 29 CFR 825.300 (d).
(b) AN EMPLOYER MAY REQUIRE THAT PAYMENT MADE OR LEAVE
TAKEN UNDER THIS PART 3 BE MADE OR TAKEN CONCURRENTLY OR
OTHERWISE COORDINATED WITH PAYMENT MADE OR LEAVE ALLOWED
UNDER THE TERMS OF DISABILITY OR FAMILY CARE LEAVE UNDER AN
EMPLOYER POLICY OR EMPLOYMENT CONTRACT, AS APPLICABLE. THE
EMPLOYER SHALL GIVE ITS EMPLOYEES WRITTEN NOTICE OF THIS
REQUIREMENT.
(c) NOTWITHSTANDING SUBSECTIONS (1)(a) AND (1)(b) OF THIS
SECTION, AN EMPLOYER SHALL NOT REQUIRE AN EMPLOYEE TO USE OR
EXHAUST TIME OFF UNDER AN EMPLOYER POLICY, INCLUDING PAID TIME
OFF, VACATION TIME, OR SICK TIME, PRIOR TO USE OF FAMILY AND
MEDICAL LEAVE UNDER THIS PART 3. IN ADDITION, AN EMPLOYER SHALL
NOT REQUIRE AN EMPLOYEE TO CHARGE ALL OR PART OF THE EMPLOYEE'S
FAMILY AND MEDICAL LEAVE UNDER THIS PART 3 TO UNUSED ACCRUALS
OR OTHER PAID TIME OFF, INCLUDING VACATION TIME AND SICK TIME,
EXCEPT WHERE THE EMPLOYER MAINTAINS A SEPARATE BANK OF PAID
TIME SOLELY FOR THE PURPOSE OF PAID FAMILY AND MEDICAL LEAVE
UNDER THIS PART 3.
(d) SUBJECT TO THE LIMITATIONS UNDER SECTION 8-13.3-308 (4),
AN EMPLOYEE MAY SUPPLEMENT THE FAMILY AND MEDICAL LEAVE
INSURANCE BENEFITS THE EMPLOYEE IS RECEIVING THROUGH THE
PROGRAM, THROUGH VACATION, SICK, OR OTHER PAID TIME OFF, TO
ENSURE THAT THE EMPLOYEE IS RECEIVING ONE HUNDRED PERCENT OF THE
EMPLOYEE'S WEEKLY WAGE. NOTHING IN THIS SUBSECTION (1)(d)
REQUIRES AN EMPLOYEE TO RECEIVE OR USE, OR AN EMPLOYER TO
PROVIDE, ADDITIONAL PAID TIME OFF AS DESCRIBED THIS SUBSECTION
(1)(d).
(2) (a) FOR A COVERED INDIVIDUAL WHO IS ELIGIBLE FOR FAMILY
AND MEDICAL LEAVE INSURANCE BENEFITS DUE TO A SERIOUS HEALTH
CONDITION RESULTING FROM AN ACCIDENT, INJURY, OR OCCUPATIONAL
DISEASE FOR WHICH THE RIGHT OF COMPENSATION EXISTS UNDER SECTION
8-41-301, THE WEEKLY BENEFIT AMOUNT SHALL BE REDUCED, BUT NOT
BELOW ZERO, BY AN AMOUNT EQUAL TO SEVENTY-FIVE PERCENT OF:
(I) ANY TEMPORARY DISABILITY BENEFITS PAID FOR THAT WEEK
PURSUANT TO SECTION 8-42-105 OR 8-42-106; OR
(II) THE PERMANENT TOTAL DISABILITY BENEFITS PAID PURSUANT
TO SECTION 8-42-111.
(b) NOTWITHSTANDING ANY OTHER LAW, BENEFITS PAID TO AN
INDIVIDUAL PURSUANT TO THE "WORKERS' COMPENSATION ACT OF
COLORADO", ARTICLES 40 TO 47 OF THIS TITLE 8, SHALL NOT BE REDUCED
OR OFFSET BASED ON THE RECEIPT OF FAMILY AND MEDICAL LEAVE
INSURANCE BENEFITS PURSUANT TO THIS PART 3.
(c) COMBINED WORKERS' COMPENSATION BENEFITS AND FAMILY
AND MEDICAL LEAVE INSURANCE BENEFITS PAID IN ACCORDANCE WITH
SUBSECTION (2)(a) OF THIS SECTION MUST NOT EXCEED A COVERED
INDIVIDUAL'S WEEKLY WAGE. WHERE COMBINED BENEFITS WOULD
OTHERWISE EXCEED THE COVERED INDIVIDUAL'S WEEKLY WAGE, THE
OFFSET PROVIDED FOR IN SUBSECTION (2)(a) OF THIS SECTION SHALL BE
INCREASED TO ENSURE COMBINED BENEFITS DO NOT EXCEED THE COVERED
INDIVIDUAL'S WEEKLY WAGE.
(d) (I) WHERE BENEFITS HAVE BEEN PAID PRIOR TO A
DETERMINATION OF ELIGIBILITY FOR TEMPORARY DISABILITY BENEFITS OR
PERMANENT TOTAL DISABILITY BENEFITS UNDER THE "WORKERS'
COMPENSATION ACT OF COLORADO", ARTICLES 40 TO 47 OF THIS TITLE 8,
FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS MAY BE
RETROACTIVELY REDUCED AS SET FORTH IN SUBSECTION (2)(a) OF THIS
SECTION ONCE WORKERS' COMPENSATION BENEFITS HAVE BEEN PAID. THE
DIRECTOR MAY ADOPT RULES TO DEVELOP A PROCEDURE FOR RECOVERING
EXCESS BENEFITS, WHICH MAY INCLUDE THE ASSERTION OF A LIEN
AGAINST ANY TEMPORARY DISABILITY BENEFITS OR PERMANENT TOTAL
DISABILITY BENEFITS PAID PURSUANT TO ARTICLES 40 TO 47 OF THIS TITLE
8. IF A WORKERS' COMPENSATION CLAIM IS BROUGHT BY THE COVERED
INDIVIDUAL, AND THE COVERED INDIVIDUAL INCURS A PERSONAL
LIABILITY TO PAY ATTORNEY FEES AND COSTS, THE AMOUNT OF THE LIEN
MUST NOT EXCEED THE FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS
PAID, LESS THE AMOUNT OF THOSE ATTORNEY FEES AND COSTS.
(II) A LIEN OR RECOVERY OF EXCESS BENEFITS PURSUANT TO THIS
SUBSECTION (2)(d) IS NOT A REDUCTION OR OFFSET OF BENEFITS PAID TO
AN INDIVIDUAL FOR PURPOSES OF SUBSECTION (2)(a) OF THIS SECTION.
(e) WHERE INDIVIDUALS ARE CONCURRENTLY ELIGIBLE FOR
BENEFITS DUE TO A SERIOUS HEALTH CONDITION RESULTING FROM AN
ACCIDENT, INJURY, OR OCCUPATIONAL DISEASE FOR WHICH THE RIGHT OF
COMPENSATION EXISTS UNDER SECTION 8-41-301 AND UNDER THIS PART
3 FOR A PURPOSE UNRELATED TO THAT SERIOUS HEALTH CONDITION, THE
FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS SHALL BE REDUCED BY
AN AMOUNT TO BE DETERMINED BY THE DIRECTOR BY RULE. COMBINED
WORKERS' COMPENSATION BENEFITS AND FAMILY AND MEDICAL LEAVE
INSURANCE BENEFITS PAID IN ACCORDANCE WITH THIS SUBSECTION (2)(e)
MUST NOT EXCEED A COVERED INDIVIDUAL'S WEEKLY WAGE. THE
DIRECTOR SHALL ADOPT RULES TO ESTABLISH THE PROCESS AND REQUIRED
DOCUMENTATION REQUIRED FOR CONCURRENT RECEIPT OF BENEFITS.
(3) (a) THIS PART 3 DOES NOT DIMINISH:
(I) THE RIGHTS, PRIVILEGES, OR REMEDIES OF AN EMPLOYEE UNDER
A COLLECTIVE BARGAINING AGREEMENT, EMPLOYER POLICY, OR
EMPLOYMENT CONTRACT; OR
(II) AN EMPLOYER'S OBLIGATION TO COMPLY WITH A COLLECTIVE
BARGAINING AGREEMENT, EMPLOYER POLICY, OR EMPLOYMENT
CONTRACT, AS APPLICABLE, THAT PROVIDES GREATER LEAVE THAN FMLA
LEAVE OR FAMILY AND MEDICAL LEAVE.
(b) AFTER THE EFFECTIVE DATE OF THIS PART 3, AN EMPLOYER
POLICY ADOPTED OR RETAINED MUST NOT DIMINISH AN EMPLOYEE'S RIGHT
TO BENEFITS UNDER THIS PART 3. ANY AGREEMENT BY AN EMPLOYEE TO
WAIVE THE EMPLOYEE'S RIGHTS UNDER THIS PART 3 IS VOID AS AGAINST
PUBLIC POLICY.
8-13.3-312. Erroneous payments - disqualification for benefits
- penalties - rules. (1) A COVERED INDIVIDUAL WHO, IN CONNECTION
WITH AN APPLICATION FOR BENEFITS UNDER THE PROGRAM, WILLFULLY
MAKES A FALSE STATEMENT OR MISREPRESENTATION REGARDING A
MATERIAL FACT OR WILLFULLY FAILS TO REPORT A MATERIAL FACT IS
DISQUALIFIED FROM:
(a) FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS FOR ONE
YEAR FROM THE DATE THE DIVISION DISCOVERS THE FALSE STATEMENT,
MISREPRESENTATION, OR WILLFUL FAILURE TO REPORT A MATERIAL FACT;
AND
(b) EMPLOYMENT PROTECTION, AS PROVIDED IN SECTION
8-13.3-310 (1)(a).
(2) IF FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS ARE PAID
ERRONEOUSLY OR AS A RESULT OF WILLFUL MISREPRESENTATION, OR IF A
CLAIM FOR FAMILY AND MEDICAL LEAVE INSURANCE BENEFITS IS REJECTED
AFTER BENEFITS ARE PAID, THE DIVISION MAY SEEK REPAYMENT OF
BENEFITS FROM THE RECIPIENT. THE DIRECTOR SHALL EXERCISE
DISCRETION TO WAIVE, IN WHOLE OR IN PART, THE AMOUNT OF ANY
REPAYMENTS WHERE THE RECOVERY WOULD BE AGAINST EQUITY AND
GOOD CONSCIENCE. THE DIRECTOR MAY ADOPT RULES TO DEVELOP A
PROCEDURE FOR RECOVERING ERRONEOUS PAYMENTS OF BENEFITS.
8-13.3-313. Elective coverage - withdrawal from coverage -
rules. (1) AN EMPLOYEE OF A LOCAL GOVERNMENT THAT HAS DECLINED
PARTICIPATION IN THE PROGRAM PURSUANT TO SECTION 8-13.3-314 OR A
SELF-EMPLOYED PERSON, INCLUDING AN INDEPENDENT CONTRACTOR, SOLE
PROPRIETOR, PARTNER, OR JOINT VENTURER, MAY ELECT COVERAGE
UNDER THE PROGRAM FOR AN INITIAL PERIOD OF NOT LESS THAN THREE
YEARS OR A SUBSEQUENT PERIOD OF NOT LESS THAN ONE YEAR
IMMEDIATELY FOLLOWING ANOTHER PERIOD OF COVERAGE. THE
EMPLOYEE OF A LOCAL GOVERNMENT OR SELF-EMPLOYED PERSON MUST
FILE A NOTICE OF ELECTION IN WRITING WITH THE DIRECTOR IN THE FORM
AND MANNER REQUIRED BY THE DIVISION. THE ELECTION BECOMES
EFFECTIVE ON THE DATE THE NOTICE IS FILED.
(2) AN EMPLOYEE OF A LOCAL GOVERNMENT OR A SELF-EMPLOYED
PERSON WHO HAS ELECTED COVERAGE MAY WITHDRAW FROM COVERAGE
BY FILING WRITTEN NOTICE WITH THE DIRECTOR WITHIN THIRTY DAYS
AFTER THE END OF THE THREE-YEAR PERIOD OF COVERAGE OR AT OTHER
TIMES THE DIRECTOR MAY PRESCRIBE BY RULE. THE WITHDRAWAL FROM
COVERAGE TAKES EFFECT NO SOONER THAN THIRTY DAYS AFTER THE
SELF-EMPLOYED PERSON FILES THE NOTICE.
(3) AN EMPLOYEE OF A LOCAL GOVERNMENT OR A SELF-EMPLOYED
PERSON WHO HAS ELECTED COVERAGE SHALL PAY ONLY THE EMPLOYEE
PORTION OF THE PREMIUM AMOUNT ESTABLISHED PURSUANT TO SECTION
8-13.3-309 (2)(a).
(4) AN EMPLOYEE OF A LOCAL GOVERNMENT OR A SELF-EMPLOYED
PERSON WHO HAS ELECTED COVERAGE IN ACCORDANCE WITH THIS
SECTION SHALL REMIT THE EMPLOYEE PORTION OF THE PREMIUM AMOUNT
DIRECTLY TO THE DIVISION, IN THE FORM AND MANNER REQUIRED BY THE
DIRECTOR BY RULE.
8-13.3-314. Local government employers' ability to decline
participation in program - rules. (1) A LOCAL GOVERNMENT MAY
DECLINE PARTICIPATION IN THE FAMILY AND MEDICAL LEAVE INSURANCE
PROGRAM IN THE FORM AND MANNER DETERMINED BY THE DIRECTOR BY
RULE.
(2) AN EMPLOYEE OF A LOCAL GOVERNMENT THAT HAS DECLINED
PARTICIPATION IN THE PROGRAM IN ACCORDANCE WITH THIS SECTION MAY
ELECT COVERAGE AS SPECIFIED IN SECTION 8-13.3-313.
(3) THE DIRECTOR SHALL PROMULGATE REASONABLE RULES FOR
THE IMPLEMENTATION OF THIS SECTION. AT A MINIMUM, THE RULES MUST
INCLUDE:
(a) THE PROCESS BY WHICH A LOCAL GOVERNMENT MAY DECLINE
PARTICIPATION IN THE PROGRAM;
(b) THE PROCESS BY WHICH A LOCAL GOVERNMENT THAT HAS
PREVIOUSLY DECLINED PARTICIPATION IN THE PROGRAM MAY
SUBSEQUENTLY ELECT COVERAGE IN THE PROGRAM; AND
(c) THE NOTICE THAT A LOCAL GOVERNMENT IS REQUIRED TO
PROVIDE ITS EMPLOYEES REGARDING WHETHER THE LOCAL GOVERNMENT
IS PARTICIPATING IN THE PROGRAM, THE ABILITY OF THE EMPLOYEES OF A
LOCAL GOVERNMENT THAT HAS DECLINED PARTICIPATION TO ELECT
COVERAGE PURSUANT TO SECTION 8-13.3-313, AND ANY OTHER
NECESSARY REQUIREMENTS.
8-13.3-315. Employer option to provide family and medical
leave benefits through a private plan - approval requirements - rules.
(1) AN EMPLOYER MAY APPLY TO THE DIVISION FOR APPROVAL TO
PROVIDE ITS EMPLOYEES THE FAMILY AND MEDICAL LEAVE INSURANCE
BENEFITS TO WHICH THE EMPLOYEES ARE ENTITLED UNDER THIS PART 3
THROUGH A PRIVATE PLAN INSTEAD OF THROUGH THE FUND ESTABLISHED
PURSUANT TO SECTION 8-13.3-309.
(2) THE DIVISION SHALL NOT APPROVE AN EMPLOYER'S REQUEST
TO OFFER BENEFITS THROUGH A PRIVATE PLAN UNLESS THE PRIVATE PLAN:
(a) CONFERS ALL OF THE SAME RIGHTS, PROTECTIONS, AND
BENEFITS PROVIDED TO COVERED INDIVIDUALS UNDER THIS PART 3,
INCLUDING:
(I) PROVIDING BENEFITS TO A COVERED INDIVIDUAL FOR THE
REASONS SET FORTH IN SECTION 8-13.3-306 (1)(a) FOR THE MAXIMUM
NUMBER OF WEEKS REQUIRED IN SUBSECTIONS 8-13.3-307 (1)(a) AND
(1)(b), IN A BENEFIT YEAR;
(II) ALLOWING FAMILY AND MEDICAL LEAVE TO BE TAKEN FOR ALL
PURPOSES SPECIFIED IN SECTION 8-13.3-306(1)(a);
(III) ALLOWING FAMILY AND MEDICAL LEAVE UNDER SECTION
8-13.3-306 (1)(a) TO BE TAKEN TO CARE FOR ANY FAMILY MEMBER;
(IV) ALLOWING FAMILY AND MEDICAL LEAVE UNDER SECTION
8-13.3-306 (1)(a) TO BE TAKEN BY A COVERED INDIVIDUAL WITH A
SERIOUS HEALTH CONDITION OR TO CARE FOR A FAMILY MEMBER WITH A
SERIOUS HEALTH CONDITION;
(V) PROVIDING A WAGE REPLACEMENT RATE DURING ALL FAMILY
AND MEDICAL LEAVE OF AT LEAST THE AMOUNT PROVIDED IN SECTION
8-13.3-308 (1)(a);
(VI) PROVIDING A MAXIMUM WEEKLY BENEFIT DURING ALL
FAMILY AND MEDICAL LEAVE OF AT LEAST THE AMOUNT SPECIFIED IN
SECTION 8-13.3-308 (1)(b);
(VII) ALLOWING FAMILY AND MEDICAL LEAVE TO BE TAKEN
INTERMITTENTLY AS AUTHORIZED BY SECTION 8-13.3-308 (3);
(VIII) IMPOSING NO ADDITIONAL CONDITIONS OR RESTRICTIONS ON
THE USE OF FAMILY AND MEDICAL LEAVE OR BENEFITS BEYOND THOSE
EXPLICITLY AUTHORIZED BY THIS PART 3 OR RULES ISSUED PURSUANT TO
THIS PART 3;
(IX) ALLOWING ANY INDIVIDUAL COVERED UNDER A PRIVATE
PLAN WHO IS ELIGIBLE TO TAKE FAMILY AND MEDICAL LEAVE UNDER THIS
PART 3 TO TAKE FAMILY AND MEDICAL LEAVE UNDER THE PRIVATE PLAN;
AND
(X) PROVIDING THAT THE COST TO A COVERED INDIVIDUAL UNDER
A PRIVATE PLAN IS NOT GREATER THAN THE COST CHARGED TO THE
COVERED INDIVIDUAL IF THE COVERED INDIVIDUAL WERE PAYING
PREMIUMS INTO THE FUND CREATED IN SECTION 8-13.3-309.
(b) PROVIDES FOR ALL COVERED INDIVIDUALS THROUGHOUT THEIR
PERIOD OF EMPLOYMENT; AND
(c) (I) IF THE PRIVATE PLAN IS IN THE FORM OF SELF-INSURANCE,
FURNISHES A BOND TO THE STATE, WITH A SURETY COMPANY AUTHORIZED
TO TRANSACT BUSINESS IN THE STATE, IN THE FORM AND AMOUNT
REQUIRED BY THE DIVISION; OR
(II) IF THE PRIVATE PLAN IS IN THE FORM OF A THIRD PARTY THAT
PROVIDES FOR INSURANCE, ISSUES THE FORMS OF THE POLICY BY AN
INSURER APPROVED BY THE DIVISION.
(3) THE DIVISION MAY WITHDRAW THE APPROVAL GRANTED UNDER
THIS SECTION FOR:
(a) FAILURE TO PAY BENEFITS;
(b) FAILURE TO PAY BENEFITS TIMELY AND IN A MANNER
CONSISTENT WITH THE PAYMENT OF BENEFITS PURSUANT TO SECTION
8-13.3-307 AND 8-13.3-308;
(c) FAILURE TO MAINTAIN AN ADEQUATE SURETY BOND AS
REQUIRED IN SUBSECTION (2)(c)(I) OF THIS SECTION;
(d) MISUSE OF PRIVATE PLAN MONEY;
(e) FAILURE TO SUBMIT REPORTS OR COMPLY WITH AUDITS OR
OTHER COMPLIANCE REQUIREMENTS ESTABLISHED BY THE DIRECTOR BY
RULE;
(f) FAILURE TO COMPLY WITH THIS PART 3 OR THE RULES
PROMULGATED PURSUANT TO THIS PART 3;
(g) VIOLATION OF THE TERMS AND CONDITIONS OF THE PRIVATE
PLAN; OR
(h) ANY OTHER REASON AS MAY BE DETERMINED BY THE DIRECTOR
BY RULE.
(4) THE DIRECTOR, BY RULE, SHALL ESTABLISH A FINE STRUCTURE
FOR EMPLOYERS AND ENTITIES OFFERING PRIVATE PLANS THAT VIOLATE
THIS SECTION. THE DIRECTOR SHALL TRANSFER ANY FINES COLLECTED
PURSUANT TO THIS SUBSECTION (4) TO THE STATE TREASURER FOR DEPOSIT
INTO THE FUND.
(5) (a) AN EMPLOYER OFFERING FAMILY AND MEDICAL LEAVE AND
BENEFITS THROUGH A PRIVATE PLAN APPROVED IN ACCORDANCE WITH
THIS SECTION SHALL COMPLY WITH SECTION 8-13.3-310 AND 8-13.3-311
(1)(c).
(b) A COVERED INDIVIDUAL UNDER A PRIVATE PLAN APPROVED
PURSUANT TO THIS SECTION RETAINS ALL APPLICABLE RIGHTS AND
REMEDIES UNDER SECTION 8-13.3-310.
(6) A DENIAL OF FAMILY AND MEDICAL LEAVE OR BENEFITS BY AN
EMPLOYER OR AN ENTITY OFFERING A PRIVATE PLAN MAY BE APPEALED AS
PROVIDED IN SECTION 8-13.3-306 (5).
(7) A COVERED INDIVIDUAL WHO IS ELIGIBLE TO RECEIVE BENEFITS
FROM AN EMPLOYER THROUGH AN APPROVED PRIVATE PLAN PURSUANT TO
THIS SECTION IS NOT ELIGIBLE TO RECEIVE BENEFITS FROM THE FUND
WHEN TAKING FAMILY AND MEDICAL LEAVE FROM THE EMPLOYER
COVERED BY THE PRIVATE PLAN.
(8) THE DIRECTOR SHALL ANNUALLY DETERMINE THE TOTAL
AMOUNT EXPENDED BY THE DIVISION FOR COSTS ARISING OUT OF THE
ADMINISTRATION OF PRIVATE PLANS. EACH ENTITY OFFERING A PRIVATE
PLAN PURSUANT TO THIS SECTION SHALL REIMBURSE THE DIVISION FOR
THE COSTS ARISING OUT OF THE PRIVATE PLANS IN THE AMOUNT, FORM,
AND MANNER DETERMINED BY THE DIRECTOR BY RULE. THE DIRECTOR
SHALL TRANSFER PAYMENTS RECEIVED PURSUANT TO THIS SECTION TO THE
STATE TREASURY FOR DEPOSIT IN THE FUND.
8-13.3-316. Department to perform actuarial and feasibility
studies - report to the governor, general assembly, and the board -
repeal. (1) THE DEPARTMENT SHALL CONTRACT FOR THE SERVICES OF A
QUALIFIED PRIVATE ACTUARY TO PERFORM AN ACTUARIAL STUDY OF THE
FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM ESTABLISHED
PURSUANT TO SECTION 8-13.3-305.
(2) (a) THE DEPARTMENT SHALL STUDY THE FEASIBILITY OF
CONTRACTING WITH A THIRD PARTY TO ADMINISTER THE PROGRAM
CREATED IN THIS PART 3. IN DETERMINING WHETHER A THIRD PARTY
SHOULD ADMINISTER THE PROGRAM, THE DEPARTMENT SHALL CONSIDER
WHETHER DOING SO WOULD BE COST-EFFECTIVE, IN THE SHORT TERM AND
IN THE LONG TERM FOR BOTH THE STATE AND COVERED INDIVIDUALS, AND
LEAD TO MORE EFFICIENT PROGRAM ADMINISTRATION AND BENEFIT
MANAGEMENT WHILE ASSURING QUALITY, WORKER EXPERIENCE,
AFFORDABILITY, COVERAGE, AND PROGRAM ACCOUNTABILITY.
(b) IN FULFILLING THE REQUIREMENTS OF THIS SUBSECTION (2),
THE DEPARTMENT SHALL MAKE A REQUEST FOR INFORMATION FROM THIRD
PARTIES THAT MAY BE WILLING TO ADMINISTER THE PROGRAM.
(3) NO LATER THAN MARCH 1, 2020, THE DEPARTMENT SHALL
PROVIDE THE GOVERNOR; THE SENATE BUSINESS, LABOR, AND
TECHNOLOGY COMMITTEE, OR ITS SUCCESSOR COMMITTEE; THE HOUSE OF
REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE, OR ITS
SUCCESSOR COMMITTEE; AND THE ADVISORY BOARD CREATED IN SECTION
8-13.3-317 WITH THE RESULTS OF THE STUDIES.
(4) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, AFTER
RECEIVING THE RECOMMENDATION OF THE ADVISORY BOARD, SHALL
DETERMINE HOW TO ADMINISTER THE PROGRAM USING THE CRITERIA
SPECIFIED IN SUBSECTION (2)(a) OF THIS SECTION.
(5) THIS SECTION IS REPEALED, EFFECTIVE OCTOBER 1, 2020.
8-13.3-317. Family and medical leave insurance program
advisory board - repeal. (1) THERE IS HEREBY CREATED IN THE DIVISION
THE FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM ADVISORY
BOARD, REFERRED TO IN THIS SECTION AS THE "BOARD".
(2) (a) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS
APPOINTED BY THE GOVERNOR:
(I) THREE MEMBERS WHO ARE WORKERS OR REPRESENT AN
ORGANIZATION THAT REPRESENT WORKERS' INTERESTS IN PAID FAMILY
AND MEDICAL LEAVE, EACH OF WHOM SHALL BE APPOINTED FROM A LIST
OF AT LEAST THREE NAMES SUBMITTED BY A RECOGNIZED STATEWIDE
ORGANIZATION THAT PROMOTES WORKERS' RIGHTS;
(II) THREE MEMBERS WHO ARE PRIVATE EMPLOYERS WITH A
RANGE OF BUSINESS SIZE AND EXPERIENCE IN PROVIDING EMPLOYEES WITH
PAID FAMILY AND MEDICAL LEAVE, EACH OF WHOM SHALL BE APPOINTED
FROM A LIST OF AT LEAST THREE NAMES SUBMITTED BY A RECOGNIZED
STATEWIDE ORGANIZATION OF EMPLOYERS;
(III) ONE MEMBER WHO IS A REPRESENTATIVE OF A STATE POLICY
ORGANIZATION THAT WORKS ON ISSUES OF ECONOMIC OPPORTUNITY;
(IV) ONE MEMBER WHO IS A PRIVATE INSURER WITH EXPERIENCE
IN ADMINISTERING TEMPORARY DISABILITY OR FAMILY AND MEDICAL
LEAVE INSURANCE BENEFITS;
(V) ONE MEMBER WHO REPRESENTS A STATE POLICY
ORGANIZATION THAT WORKS ON HEALTH ADVOCACY;
(VI) ONE LABOR ECONOMIST WITH DEMONSTRATED RESEARCH OR
EXPERTISE IN STUDYING PAID FAMILY AND MEDICAL LEAVE, LABOR
STANDARDS, AND THE DATA NECESSARY TO DO SO;
(VII) ONE MEMBER WHO IS A REPRESENTATIVE OF A STATE
DOMESTIC VIOLENCE AND SEXUAL ASSAULT ORGANIZATION;
(VIII) ONE MEMBER WHO IS A REPRESENTATIVE OF A STATE
ORGANIZATION THAT HAS EXPERTISE WITH MILITARY FAMILY ADVOCACY;
(IX) ONE MEMBER WHO IS A REPRESENTATIVE OF ORGANIZED
LABOR; AND
(X) TWO NONVOTING MEMBERS, ONE OF WHOM MUST REPRESENT
THE DEPARTMENT.
(b) THE GOVERNOR SHALL CONSIDER ETHNICITY, GENDER, AND
GEOGRAPHIC REPRESENTATION IN APPOINTING THE MEMBERS OF THE
BOARD.
(c) THE GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS TO
THE BOARD AS SOON AS PRACTICABLE AFTER THE EFFECTIVE DATE OF THIS
SECTION.
(3) EACH MEMBER OF THE BOARD SERVES AT THE PLEASURE OF
THE GOVERNOR.
(4) NOTWITHSTANDING SECTION 2-2-326, EACH MEMBER OF THE
BOARD SERVES WITHOUT COMPENSATION BUT IS ENTITLED TO RECEIVE
REIMBURSEMENT FROM MONEY IN THE FUND CREATED IN SECTION
8-13.3-309 OR APPROPRIATIONS FROM THE GENERAL ASSEMBLY FOR
ACTUAL AND NECESSARY EXPENSES THE MEMBER INCURS IN THE
PERFORMANCE OF THE MEMBER'S DUTIES AS A MEMBER OF THE BOARD.
(5) (a) THE MEMBER REPRESENTING THE DEPARTMENT SHALL CALL
THE FIRST MEETING OF THE BOARD.
(b) THE BOARD SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS.
(c) THE BOARD SHALL MEET AT LEAST FOUR TIMES EVERY YEAR.
THE CHAIR MAY CALL SUCH ADDITIONAL MEETINGS AS ARE NECESSARY
FOR THE BOARD TO COMPLETE ITS DUTIES.
(6) THE BOARD SHALL:
(a) NO LATER THAN JUNE 1, 2020, MAKE RECOMMENDATIONS TO
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT BASED ON THE ACTUARIAL
AND FEASIBILITY STUDIES PROVIDED TO THE BOARD PURSUANT TO SECTION
8-13.3-316 (3), USING THE CRITERIA SPECIFIED IN SECTION 8-13.3-316
(2)(a);
(b) PROVIDE COMMENT ON DEPARTMENT RULE-MAKING, POLICIES,
IMPLEMENTATION OF THIS PART 3, UTILIZATION OF BENEFITS, AND OTHER
INITIATIVES;
(c) STUDY ISSUES THE BOARD DETERMINES TO REQUIRE ITS
CONSIDERATION; AND
(d) REVIEW THE REPORT FROM THE DIVISION SUBMITTED IN
ACCORDANCE WITH SECTION 8-13.3-319.
(7) UPON REQUEST BY THE BOARD, THE DIVISION SHALL PROVIDE
OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES AS MAY BE NECESSARY
TO IMPLEMENT THIS SECTION.
(8) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.
BEFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN
ACCORDANCE WITH SECTION 2-3-1203.
8-13.3-318. Federal income tax - state income tax. (1) (a) IF
THE FEDERAL INTERNAL REVENUE SERVICE DETERMINES THAT FAMILY AND
MEDICAL LEAVE INSURANCE BENEFITS UNDER THIS PART 3 ARE SUBJECT TO
FEDERAL INCOME TAX, THE DIVISION SHALL INFORM AN INDIVIDUAL FILING
A NEW CLAIM FOR BENEFITS, AT THE TIME OF FILING, THAT:
(I) THE FEDERAL INTERNAL REVENUE SERVICE HAS DETERMINED
THAT BENEFITS ARE SUBJECT TO FEDERAL INCOME TAX;
(II) REQUIREMENTS EXIST PERTAINING TO ESTIMATED TAX
PAYMENTS;
(III) THE INDIVIDUAL MAY ELECT TO HAVE FEDERAL INCOME TAX
DEDUCTED AND WITHHELD FROM THE INDIVIDUAL'S PAYMENT OF BENEFITS
IN THE AMOUNT SPECIFIED IN THE FEDERAL "INTERNAL REVENUE CODE OF
1986", AS AMENDED; AND
(IV) THE INDIVIDUAL IS PERMITTED TO CHANGE A PREVIOUSLY
ELECTED WITHHOLDING STATUS.
(b) AMOUNTS DEDUCTED AND WITHHELD FROM BENEFITS UNDER
THIS SECTION MUST REMAIN IN THE FUND UNTIL TRANSFERRED TO THE
FEDERAL INTERNAL REVENUE SERVICE AS A PAYMENT OF INCOME TAX.
(c) THE DIRECTOR SHALL FOLLOW ALL PROCEDURES SPECIFIED BY
THE FEDERAL INTERNAL REVENUE SERVICE PERTAINING TO DEDUCTING
AND WITHHOLDING INCOME TAX.
(2) BENEFITS RECEIVED PURSUANT TO THIS PART 3 ARE NOT
SUBJECT TO STATE INCOME TAX PURSUANT TO SECTION 39-22-104 (4)(z).
8-13.3-319. Reports. (1) BY SEPTEMBER 1, 2024, AND BY EACH
SEPTEMBER 1 THEREAFTER, THE DIVISION SHALL SUBMIT A REPORT ON
PROJECTED AND ACTUAL PROGRAM PARTICIPATION, SPECIFYING INCOME
LEVEL, GENDER, RACE, AND ETHNICITY OF PARTICIPANTS AND PURPOSE
AND DURATION OF LEAVE; PREMIUM RATES; FUND BALANCES; AND
OUTREACH EFFORTS TO:
(a) THE SENATE COMMITTEES ON BUSINESS, LABOR, AND
TECHNOLOGY AND HEALTH AND HUMAN SERVICES, OR THEIR SUCCESSOR
COMMITTEES;
(b) THE HOUSE OF REPRESENTATIVES COMMITTEES ON HEALTH
AND INSURANCE AND BUSINESS AFFAIRS AND LABOR, OR THEIR SUCCES
Senate Journal, April 16
After consideration on the merits, the Committee recommends that SB19-188 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend the Finance Committee Report, dated April 9, 2019, page 31,
after line 31 insert:

"SECTION 6. Appropriation. (1) For the 2019-20 state fiscal
year, $55,552 is appropriated to the department of labor and employment.
This appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $50,000 for an actuarial study; and
(b) $5,552 for the family and medical leave insurance advisory
board.".

Renumber succeeding section accordingly.

Page 1 of the printed bill, line 102, strike "PROGRAM." and substitute
"PROGRAM, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.".


Appro-
priations


Senate Journal, April 24
SB19-188 by Senator(s) Winter and Williams A., Bridges, Court, Danielson, Donovan, Fenberg,
Fields, Ginal, Gonzales, Lee, Moreno, Pettersen, Todd; also Representative(s) Gray and
Duran, Arndt, Buckner, Caraveo, Coleman, Cutter, Esgar, Exum, Froelich, Galindo,
Gonzales-Gutierrez, Herod, Hooton, Jackson, Jaquez Lewis, Kennedy, Kipp, Lontine,
McLachlan, Melton, Michaelson Jenet, Mullica, Roberts, Singer, Sirota, Sullivan, Tipper,
Titone, Valdez A.--Concerning the creation of a family and medical leave insurance
program.

Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, March 14, pages 469-470 and placed in members' bill files.)

Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, April 10, pages 744-762 and placed in members' bill files.)

Amendment No. 3, Appropriations Committee Amendment.
(Printed in Senate Journal, April 16, page 875 and placed in members' bill files.)

Amendment No. 4(L.130), by Senators Williams and Winter.

Strike the Appropriations Committee Report, dated April 16, 2019.

Strike the Finance Committee Report, dated April 9, 2019.

Strike the Business, Labor, and Technology Committee Report, dated
March 13, 2019.

Amend printed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. In Colorado Revised Statutes, add part 3 to article
13.3 of title 8 as follows:
PART 3
FAMILY AND MEDICAL LEAVE IMPLEMENTATION
8-13.3-301. Legislative declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) COLORADO IS A FAMILY-FRIENDLY STATE, AND PROVIDING THE
WORKERS OF COLORADO WITH FAMILY AND MEDICAL LEAVE INSURANCE
WILL ENCOURAGE AN ENTREPRENEURIAL ATMOSPHERE AND ECONOMIC
GROWTH AND PROMOTE A HEALTHY BUSINESS CLIMATE;
(b) THE UNITED STATES IS THE ONLY INDUSTRIALIZED NATION IN
THE WORLD THAT DOES NOT MANDATE ACCESS TO PAID LEAVE BENEFITS.
S IM U LT A N E O U S LY , N E A R LY H A LF O F AM E R IC A N S LIV E
PAYCHECK-TO-PAYCHECK AND ARE UNABLE TO ACCESS TWO THOUSAND
DOLLARS IN THE EVENT OF AN EMERGENCY.
(c) THIS PART 3 PREPARES FOR THE IMPLEMENTATION OF A PAID
FAMILY AND MEDICAL LEAVE PROGRAM IN THE STATE BY COMPLETING A
THOROUGH ANALYSIS OF PAID FAMILY AND MEDICAL LEAVE PROGRAMS BY
EXPERTS IN THE FIELD, THE ESTABLISHMENT OF A FAMILY AND MEDICAL
LEAVE IMPLEMENTATION TASK FORCE, AND ACTUARIAL AND THIRD-PARTY
STUDIES.
(d) AS SPECIFIED IN THIS PART 3, THE TIMELINE FOR THE ANALYSIS
AND IMPLEMENTATION OF A STATEWIDE PAID FAMILY AND MEDICAL LEAVE
PROGRAM IS AS FOLLOWS:
(I) BY JULY 1, 2019, APPOINTING AUTHORITIES ARE REQUIRED TO
MAKE THEIR APPOINTMENTS TO THE TASK FORCE;
(II) BY OCTOBER 1, 2019, THE DEPARTMENT IS REQUIRED TO
PROVIDE THE TASK FORCE WITH THE RESULTS OF A THIRD-PARTY STUDY
AND PAID FAMILY AND MEDICAL LEAVE PLAN RECOMMENDATIONS FROM
THE EXPERTS IN THE FIELD; AND THE TASK FORCE IS REQUIRED TO ACCEPT
AND CONSIDER PUBLIC COMMENTS REGARDING THE ADMINISTRATION AND
ESTABLISHMENT OF A PAID FAMILY AND MEDICAL LEAVE PROGRAM;
(III) BY NOVEMBER 1, 2019, THE TASK FORCE SHALL MAKE ITS
INITIAL RECOMMENDATION ON A FAMILY AND MEDICAL LEAVE PROGRAM
FOR EMPLOYEES IN THE STATE AND PROVIDE THE RECOMMENDATION TO AN
ACTUARY CONTRACTED BY THE DEPARTMENT;
(IV) BY DECEMBER 1, 2019, AN INDEPENDENT ACTUARIAL
ANALYSIS MUST BE COMPLETED AND SUBMITTED TO THE TASK FORCE;
(V) BY JANUARY 8, 2020, THE TASK FORCE SHALL REPORT ITS
FINAL RECOMMENDATION ON A PAID FAMILY AND MEDICAL LEAVE
PROGRAM FOR ALL EMPLOYEES IN THE STATE;
(VI) BY JULY 1, 2020, THE FAMILY AND MEDICAL LEAVE PROGRAM
WILL BE ESTABLISHED;
(VII) BY JANUARY 1, 2022, THE PUBLIC EDUCATION AND
OUTREACH CAMPAIGN WILL BEGIN;
(VIII) BY JANUARY 1, 2023, THE FAMILY AND MEDICAL LEAVE
PROGRAM FUNDING WILL BEGIN; AND
(IX) BY JANUARY 1, 2024, THE FAMILY AND MEDICAL LEAVE
PROGRAM WILL START PAYING BENEFITS.
(e) THE INTENT OF THIS PART 3 IS TO ASSIST IN THE PREPARATION
OF LEGISLATION IN THE 2020 LEGISLATIVE SESSION ESTABLISHING A PAID
FAMILY AND MEDICAL LEAVE PROGRAM IN THE STATE.
8-13.3-302. Definitions. AS USED IN THIS PART 3, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
EMPLOYMENT.
(2) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT.
(3) "TASK FORCE" MEANS THE FAMILY AND MEDICAL LEAVE
IMPLEMENTATION TASK FORCE CREATED IN SECTION 8-13.3-304 (1).
8-13.3-303. Department to perform analyses. (1) (a) THE
DEPARTMENT SHALL ANALYZE THE FEASIBILITY OF CONTRACTING WITH A
THIRD PARTY TO ADMINISTER PARTS OF A PAID FAMILY AND MEDICAL
LEAVE PROGRAM FOR ALL EMPLOYEES IN THE STATE AS AN ALTERNATIVE
TO STATE ADMINISTRATION OF ALL ASPECTS OF SUCH A PROGRAM. IN
DETERMINING WHETHER A THIRD PARTY SHOULD ADMINISTER PARTS OF A
PAID FAMILY AND MEDICAL LEAVE PROGRAM, THE DEPARTMENT SHALL
CONSIDER WHETHER DOING SO WOULD BE COST-EFFECTIVE, IN THE SHORT
TERM AND IN THE LONG TERM FOR BOTH THE STATE AND COVERED
INDIVIDUALS, AND LEAD TO MORE EFFICIENT PROGRAM ADMINISTRATION
AND BENEFIT MANAGEMENT WHILE ASSURING QUALITY, WORKER
EXPERIENCE , AFFORDABILITY , COVERAGE , AND PROGRAM
ACCOUNTABILITY, AS COMPARED TO IF THE STATE ADMINISTERS ALL
ASPECTS OF THE PROGRAM.
(b) IN FULFILLING THE REQUIREMENTS OF THIS SUBSECTION (1),
THE DEPARTMENT SHALL MAKE A REQUEST FOR INFORMATION FROM THIRD
PARTIES THAT MAY BE WILLING TO ADMINISTER SINGLE OR MULTIPLE
PARTS OF A PAID FAMILY AND MEDICAL LEAVE PROGRAM. THE REQUESTS
FOR INFORMATION PURSUANT TO THIS SUBSECTION (1)(b) MUST SOLICIT
INFORMATION FROM THIRD PARTIES THAT INCLUDES, BUT IS NOT LIMITED
TO, THE THIRD PARTY'S:
(I) PRIOR EXPERIENCE WITH PAID FAMILY AND MEDICAL LEAVE
INSURANCE OR PROVIDING MONETARY BENEFITS IN COLORADO RELATED
TO EMPLOYEES TAKING LEAVE FROM WORK DUE TO SERIOUS HEALTH
CONDITIONS, PARENTAL BONDING, OR OTHER FAMILY AND MEDICAL LEAVE
PURPOSES;
(II) COMMITMENT TO AFFIRMATIVE ACTION, DIVERSITY, EQUITY,
AND INCLUSION POLICIES;
(III) LANGUAGE ACCESS EXPERIENCE AND CULTURAL
COMPETENCY; AND
(IV) CURRENT OR EXPECTED EMPLOYEE PAY RATES AND BENEFITS.
(c) ANY STUDY PURSUANT TO THIS SECTION MUST CONSIDER:
(I) THE ESTIMATED DIFFERENCE IN ADMINISTRATIVE COSTS
CHARGED BY THIRD PARTIES AS COMPARED TO A STATE-RUN PAID FAMILY
AND MEDICAL LEAVE PROGRAM;
(II) THE ESTIMATED DIFFERENCE IN CLAIMS PROCESSING SPEEDS;
(III) THE STATE'S COSTS TO OVERSEE ANY THIRD PARTY
ADMINISTRATION, INCLUDING COSTS TO CONDUCT ANNUAL AUDITS AND
REVIEW REGULAR REPORTS FROM THE THIRD PARTY;
(IV) THE ABILITY OF A THIRD PARTY TO SATISFY NECESSARY
WORKER PRIVACY AND CONFIDENTIALITY REQUIREMENTS;
(V) THE ABILITY OF A THIRD PARTY TO ACCESS EXISTING STATE
DATA OR TO EFFECTIVELY INTERFACE WITH THE DEPARTMENT'S SYSTEMS
AND INFORMATION;
(VI) THE POTENTIAL COSTS AND CHALLENGES ASSOCIATED WITH
TERMINATING A THIRD-PARTY CONTRACT DUE TO QUALITY OR
COMPLIANCE CONCERNS FOLLOWING IMPLEMENTATION OF THE PROGRAM,
AS WELL AS THE FEASIBILITY OF TIMELY SUBSTITUTING ADMINISTRATION
BY THE STATE OR A DIFFERENT THIRD PARTY WITHOUT A DISRUPTION IN
BENEFITS AND ADMINISTRATION; AND
(VII) A TIMELINE THAT PRESUMES A PAID FAMILY AND MEDICAL
LEAVE PROGRAM THAT IS ESTABLISHED BY JULY 1, 2020; BEGINS PUBLIC
EDUCATION AND OUTREACH ON JANUARY 1, 2022; ESTABLISHES THE
FUNDING STREAM ON JANUARY 1, 2023; AND STARTS PAYING BENEFITS ON
JANUARY 1, 2024.
(d) THE DEPARTMENT'S STUDY MUST SPECIFICALLY ADDRESS THE
EFFECT OF USING A THIRD-PARTY ADMINISTRATOR ON THE FOLLOWING
ASPECTS OF A PAID FAMILY AND MEDICAL LEAVE PROGRAM:
(I) CLAIMS APPEALS AND ADMINISTRATIVE ENFORCEMENT;
(II) PREMIUM RATES SETTING AND COLLECTION OF PREMIUMS;
(III) APPROVAL AND OVERSIGHT OF PRIVATE PLANS, IF
APPLICABLE; AND
(IV) MANAGEMENT OF ELECTIVE COVERAGE OF EMPLOYEES WHO
MAY NOT BE INCLUDED IN THE PROGRAM.
(2) (a) (I) THE DEPARTMENT SHALL CONTRACT WITH AT LEAST
THREE EXPERTS IN THE FIELD OF PAID FAMILY AND MEDICAL LEAVE
SELECTED BY THE TASK FORCE. THE EXPERTS MUST BE LOCAL AND
NATIONAL EXPERTS:
(A) WITH DEMONSTRATED EXPERIENCE STUDYING THE HEALTH,
ECONOMIC, AND SOCIAL BENEFITS OF ACCESS TO PAID LEAVE; THE COST
AND ECONOMIC IMPACT OF PAID LEAVE; AND THE DRAFTING AND
IMPLEMENTATION OF PAID FAMILY AND MEDICAL LEAVE PROGRAMS AT
THE STATE LEVEL; AND
(B) WHO HAVE SOME FAMILIARITY WITH CROSS-STATE
COMPARISONS.
(II) THE DEPARTMENT SHALL GATHER RECOMMENDATIONS FROM
THE EXPERTS UNDER CONTRACT WITH THE DEPARTMENT PURSUANT TO
THIS SUBSECTION (2)(a) ON THE ESTABLISHMENT OF A PAID FAMILY AND
MEDICAL LEAVE PROGRAM FOR EMPLOYEES IN THE STATE. THE
RECOMMENDATIONS MUST SPECIFY THE PARAMETERS THAT ENSURE THAT
A PROGRAM:
(A) IS AFFORDABLE FOR THE LOWEST WAGE WORKERS;
(B) IS EQUITABLE ACROSS WORKERS OF ALL INCOMES AND
CLASSIFICATIONS;
(C) IS ACCESSIBLE PARTICULARLY TO WORKERS LEAST LIKELY TO
HAVE ACCESS TO PAID LEAVE TODAY;
(D) IS ADEQUATE; AND
(E) INCLUDES A MINIMUM DURATION OF LEAVE THAT MEETS
EVIDENCE-BASED STANDARDS AND WAGE REPLACEMENT THAT IS
SUFFICIENT TO ALLOW THE LOWEST WAGE WORKERS TO PARTICIPATE.
(b) THE RECOMMENDATIONS MUST REVIEW, EVALUATE, AND
ASSESS AT LEAST THE FOLLOWING ELEMENTS, WITHOUT LIMITATION:
(I) THE PURPOSES OF THE LEAVE, INCLUDING SERIOUS ILLNESS,
CARING FOR A LOVED ONE WITH A SERIOUS ILLNESS, BONDING WITH A NEW
CHILD, AND NEEDS ARISING FROM MILITARY DEPLOYMENT AND THE
EFFECTS OF DOMESTIC VIOLENCE, STALKING, AND SEXUAL ASSAULT;
(II) SELF-EMPLOYED WORKERS' ACCESS TO PAID FAMILY AND
MEDICAL LEAVE AND A MECHANISM TO ALLOW SELF-EMPLOYED WORKERS
TO PARTICIPATE;
(III) ELIGIBILITY TO TAKE LEAVE;
(IV) THE DEFINITION OF FAMILY OR FAMILY MEMBER FOR WHOM
AN INDIVIDUAL MAY TAKE LEAVE FOR PURPOSES OF PROVIDING CARE;
(V) JOB PROTECTION AND OTHER EMPLOYMENT PROTECTIONS,
INCLUDING THEIR EFFECT ON AN INDIVIDUAL'S ABILITY TO TAKE LEAVE;
(VI) THE DURATION OF LEAVE;
(VII) THE AMOUNT OF THE WAGE REPLACEMENT;
(VIII) THE MAXIMUM WEEKLY WAGE REPLACEMENT AMOUNT;
(IX) THE PROGRAM FUNDING STRUCTURE;
(X) PROGRAM IMPLEMENTATION;
(XI) THE ROLE OF THIRD-PARTY VENDORS ON PROGRAM
SUSTAINABILITY;
(XII) THE SOLVENCY OF A PAID FAMILY AND MEDICAL LEAVE FUND
UNDER VARIOUS MODELS;
(XIII) THE PORTABILITY OF PAID FAMILY AND MEDICAL LEAVE
BENEFITS;
(XIV) THE SUSTAINABILITY OF A PAID FAMILY AND MEDICAL
LEAVE PROGRAM;
(XV) HOW A PAID FAMILY AND MEDICAL LEAVE PROGRAM WOULD
INTERACT WITH OTHER BENEFITS; AND
(XVI) A TIMELINE THAT PRESUMES A PAID FAMILY AND MEDICAL
LEAVE PROGRAM THAT IS ESTABLISHED BY JULY 1, 2020; BEGINS
EDUCATION AND OUTREACH ON JANUARY 1, 2022; ESTABLISHES THE
FUNDING STREAM ON JANUARY 1, 2023; AND STARTS PAYING BENEFITS ON
JANUARY 1, 2024.
(3) NO LATER THAN OCTOBER 1, 2019:
(a) THE DEPARTMENT SHALL PROVIDE THE TASK FORCE CREATED
IN SECTION 8-13.3-304 WITH:
(I) THE RESULTS OF THE THIRD-PARTY STUDY CONDUCTED
PURSUANT TO SUBSECTION (1) OF THIS SECTION; AND
(II) PAID FAMILY AND MEDICAL LEAVE PLAN RECOMMENDATIONS
FROM EXPERTS CONSULTED IN ACCORDANCE WITH SUBSECTION (2) OF THIS
SECTION; AND
(b) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
SHALL PROVIDE THE TASK FORCE WITH A REPORT DETAILING THE HEALTH
BENEFITS RELATED TO PAID FAMILY AND MEDICAL LEAVE.
(4) THE DEPARTMENT SHALL CONTRACT FOR THE SERVICES OF A
QUALIFIED PRIVATE ACTUARY TO PERFORM AN ACTUARIAL STUDY OF THE
INITIAL RECOMMENDATION FOR A FAMILY AND MEDICAL LEAVE PROGRAM
CREATED BY THE TASK FORCE PURSUANT TO SECTION 8-13.3-304 (8)(b).
THE ACTUARIAL STUDY SHALL BE PROVIDED TO THE TASK FORCE NO LATER
THAN DECEMBER 1, 2019.
8-13.3-304. Family and medical leave implementation task
force. (1) THERE IS HEREBY CREATED IN THE DEPARTMENT THE FAMILY
AND MEDICAL LEAVE IMPLEMENTATION TASK FORCE.
(2) THE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS:
(a) THREE MEMBERS WHO ARE WORKERS OR REPRESENT AN
ORGANIZATION THAT REPRESENTS WORKERS' INTERESTS IN PAID FAMILY
AND MEDICAL LEAVE, EACH OF WHOM SHALL BE APPOINTED FROM A LIST
OF AT LEAST THREE NAMES SUBMITTED BY A RECOGNIZED STATEWIDE
ORGANIZATION THAT PROMOTES WORKERS' RIGHTS;
(b) THREE MEMBERS WHO ARE PRIVATE EMPLOYERS WITH A RANGE
OF BUSINESS SIZE AND EXPERIENCE IN PROVIDING EMPLOYEES WITH PAID
FAMILY AND MEDICAL LEAVE, EACH OF WHOM SHALL BE APPOINTED FROM
A LIST OF AT LEAST THREE NAMES SUBMITTED BY A RECOGNIZED
STATEWIDE ORGANIZATION OF EMPLOYERS;
(c) ONE MEMBER WHO IS A REPRESENTATIVE OF A STATE POLICY
ORGANIZATION THAT WORKS ON ISSUES OF ECONOMIC OPPORTUNITY;
(d) ONE MEMBER WHO IS A PRIVATE INSURER WITH EXPERIENCE IN
ADMINISTERING TEMPORARY DISABILITY OR FAMILY AND MEDICAL LEAVE
INSURANCE BENEFITS;
(e) ONE MEMBER WHO REPRESENTS A STATE POLICY
ORGANIZATION THAT WORKS ON HEALTH ADVOCACY;
(f) ONE LABOR ECONOMIST WITH DEMONSTRATED RESEARCH OR
EXPERTISE IN STUDYING PAID FAMILY AND MEDICAL LEAVE AND LABOR
STANDARDS, AND THE DATA NECESSARY TO DO SO;
(g) ONE MEMBER WHO IS A REPRESENTATIVE OF A STATEWIDE
DOMESTIC VIOLENCE ORGANIZATION;
(h) ONE MEMBER WHO IS A PROFESSIONAL FROM A RECOGNIZED
INSTITUTION OF HIGHER EDUCATION AND WHO HAS EXPERTISE IN
STUDYING PAID FAMILY AND MEDICAL LEAVE;
(i) ONE MEMBER WHO IS A REPRESENTATIVE OF ORGANIZED LABOR;
AND
(j) TWO NONVOTING MEMBERS, ONE OF WHOM MUST REPRESENT
THE DEPARTMENT.
(3) THE MEMBERS OF THE TASK FORCE ARE APPOINTED AS
FOLLOWS:
(a) THE GOVERNOR SHALL APPOINT ONE MEMBER;
(b) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
APPOINT FOUR MEMBERS;
(c) THE PRESIDENT OF THE SENATE SHALL APPOINT FOUR
MEMBERS;
(d) THE HOUSE MINORITY LEADER SHALL APPOINT TWO MEMBERS;
(e) THE SENATE MINORITY LEADER SHALL APPOINT TWO MEMBERS;
(f) THE EXECUTIVE DIRECTOR SHALL APPOINT ONE NONVOTING
MEMBER; AND
(g) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL
SHALL APPOINT ONE NONVOTING MEMBER.
(4) (a) THE APPOINTING AUTHORITIES SHALL MAKE THE
APPOINTMENTS TO THE TASK FORCE NO LATER THAN JULY 1, 2019.
(b) IN MAKING THE APPOINTMENTS, THE APPOINTING AUTHORITIES
SHALL ENSURE THAT THE APPOINTMENTS REFLECT COMMUNITIES OF
COLOR, RURAL COMMUNITIES, AND HISTORICALLY UNDERUTILIZED
BUSINESSES, AS DEFINED IN SECTION 24-49.5-105 (4).
(c) THE DEPARTMENT SHALL ASSIST AND COORDINATE THE
APPOINTING AUTHORITIES TO ENSURE THAT MEMBERS APPOINTED TO THE
TASK FORCE PURSUANT TO SUBSECTION (3) OF THIS SECTION MEET THE
MEMBERSHIP REQUIREMENTS SPECIFIED IN SUBSECTION (2) OF THIS
SECTION.
(5) EACH MEMBER OF THE TASK FORCE SERVES AT THE PLEASURE
OF THE APPOINTING AUTHORITY.
(6) EACH MEMBER OF THE TASK FORCE SERVES WITHOUT
COMPENSATION BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FOR
ACTUAL AND NECESSARY EXPENSES THE MEMBER INCURS IN THE
PERFORMANCE OF THE MEMBER'S DUTIES AS A MEMBER OF THE TASK
FORCE.
(7) (a) THE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR
SHALL CALL THE FIRST MEETING OF THE TASK FORCE.
(b) THE TASK FORCE SHALL ELECT A CHAIR FROM AMONG ITS
VOTING MEMBERS.
(8) (a) NO LATER THAN OCTOBER 1, 2019, THE TASK FORCE SHALL
ACCEPT AND CONSIDER PUBLIC COMMENTS REGARDING THE
ADMINISTRATION AND ESTABLISHMENT OF A PAID FAMILY AND MEDICAL
LEAVE PROGRAM IN THE STATE.
(b) NO LATER THAN NOVEMBER 1, 2019, THE TASK FORCE SHALL
MAKE AN INITIAL RECOMMENDATION ON A FAMILY AND MEDICAL LEAVE
PROGRAM FOR EMPLOYEES IN THE STATE AND PROVIDE THE
RECOMMENDATION TO THE ACTUARY CONTRACTED BY THE DEPARTMENT
PURSUANT TO SECTION 8-13.3-303 (4). IN MAKING THE RECOMMENDATION,
THE TASK FORCE SHALL CONSIDER THE INFORMATION IT RECEIVES
PURSUANT TO SECTION 8-13.3-303 (3).
(c) NO LATER THAN JANUARY 8, 2020, AFTER CONSIDERATION OF
THE ACTUARIAL ANALYSIS PERFORMED ON THE TASK FORCE'S INITIAL
RECOMMENDATION, THE TASK FORCE SHALL REPORT ITS FINAL
RECOMMENDATION ON A PAID FAMILY AND MEDICAL LEAVE PROGRAM FOR
ALL EMPLOYEES IN THE STATE, ALONG WITH THE THIRD-PARTY
ADMINISTRATION STUDY MADE PURSUANT TO SECTION 8-13.3-303 (1), AND
THE ACTUARIAL STUDY MADE PURSUANT TO SECTION 8-13.3-303 (4) TO:
(I) THE SENATE COMMITTEES ON FINANCE AND BUSINESS, LABOR,
AND TECHNOLOGY, OR THEIR SUCCESSOR COMMITTEES;
(II) THE HOUSE OF REPRESENTATIVES COMMITTEES ON FINANCE
AND BUSINESS AFFAIRS AND LABOR, OR THEIR SUCCESSOR COMMITTEES;
AND
(III) THE GOVERNOR.
(d) RECOMMENDATIONS MADE BY THE TASK FORCE PURSUANT TO
THIS SUBSECTION (8) MUST BE BASED ON A TIMELINE THAT PRESUMES A
PAID FAMILY AND MEDICAL LEAVE PROGRAM THAT IS ESTABLISHED BY
JULY 1, 2020; BEGINS EDUCATION AND OUTREACH ON JANUARY 1, 2022;
ESTABLISHES THE FUNDING STREAM ON JANUARY 1, 2023; AND STARTS
PAYING BENEFITS ON JANUARY 1, 2024.
(9) UPON REQUEST BY THE TASK FORCE, THE DEPARTMENT SHALL
PROVIDE OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES AS MAY BE
NECESSARY TO IMPLEMENT THIS SECTION.
SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".

Page 1 of the bill, line 102, strike "PROGRAM." and substitute "PROGRAM,
AND, IN CONNECTION THEREWITH, CREATING AN IMPLEMENTATION
PLAN FOR A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM.".


Amendment No. 5(L.131), by Senators Winter and Fenberg.

Amend the Winter and Williams floor amendment (SB188_L.130), page
1, line 28, strike "3, THE" and substitute "3:
(I) THE".

Page 1, line 31, strike "(I)" and substitute "(A)".

Page 1, line 33, strike "(II)" and substitute "(B)".

Page 2, line 2, strike "(III)" and substitute "(C)".

Page 2, line 6, strike "(IV)" and substitute "(D)".

Page 2, line 8, strike"(V)" and substitute "(E)".

Page 2, after line 10 insert:

"(II) THE TIMELINE MAY ALSO BE ASSUMED AS FOLLOWS:".

Page 2, line 11, strike "(VI)" and substitute "(A)".

Page 2, line 13, strike "(VII)" and substitute "(B)".

Page 2, line 15, strike "(VIII)" and substitute "(C)".

Page 2, line 17 strike "(IX)" and substitute "(D)".

Page 8, line 6, strike "MUST BE BASED ON" and substitute "SHOULD
ATTEMPT TO MEET".


Amendment No. 6(L.133), by Senator Sonnenberg.

Amend the Winter and Williams floor amendment (SB188_L.130), page
8, after line 13 insert:

"8-13.3-305. Paid family and medical leave program
implementation authorization. THE DEPARTMENT SHALL NOT
IMPLEMENT THE RECOMMENDED PLAN FOR A PAID FAMILY AND MEDICAL
LEAVE PROGRAM UNLESS THE GENERAL ASSEMBLY, ACTING BY BILL,
DIRECTS THE DEPARTMENT TO IMPLEMENT THE PROGRAM. IF THE
DEPARTMENT IS DIRECTED TO IMPLEMENT THE PLAN, IT SHALL BEGIN
IMPLEMENTATION BY A DATE SPECIFIED BY THE GENERAL ASSEMBLY
ACTING BY BILL.".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

House Journal, April 27
43 SB19-188 be amended as follows, and as so amended, be referred to
44 the Committee on Appropriations with favorable
45 recommendation:
46
47 Amend reengrossed bill, page 7, line 14, strike "GATHER
48 RECOMMENDATIONS" and substitute "COMMISSION A REPORT".
49
50 Page 9, line 14, strike "PAID" and substitute "THE PAID".
51
52 Page 9, lines 14 and 15, strike "RECOMMENDATIONS FROM EXPERTS
53 CONSULTED" and substitute "REPORT FROM EXPERTS COMMISSIONED".
54
55 Page 12, line 13, strike "OCTOBER" and substitute "SEPTEMBER".
1 Page 12, line 16, after the period add "THE TASK FORCE SHALL RECEIVE
2 PUBLIC COMMENT FOR A MINIMUM OF THIRTY DAYS.".
3
4 Strike "COMMENTS" and substitute "COMMENT" on: Page 3, line 16; and
5 Page 12, line 14.
6
7

House Journal, April 29
21 SB19-188 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Amend reengrossed bill, page 13, after line 26 insert:
26
27 "SECTION 2. Appropriation. (1) For the 2019-20 state fiscal
28 year, $165,487 is appropriated to the department of labor and
29 employment for use by executive director's office. This appropriation is
30 from the general fund and is based on an assumption that the office will
31 require an additional 0.5 FTE. To implement this act, the office may use
32 this appropriation for activities related to developing an implementation
33 plan for a family and medical leave insurance program.
34 (2) For the 2019-20 state fiscal year, $17,004 is appropriated to
35 the department of public health and environment for use by the
36 prevention services division. This appropriation is from the general fund
37 and is based on an assumption that the division will require an additional
38 0.1 FTE. To implement this act, the division may use this appropriation
39 to develop a report on health benefits related to paid family leave.".
40
41 Renumber succeeding section accordingly.
42
43 Page 1, line 104, strike "PROGRAM." and substitute "PROGRAM AND
44 MAKING AN APPROPRIATION.".
45
46