Virtual Luncheon - Prop 118: A Brave New World
The Paid Family Leave ballot initiative passed in Colorado on November 3rd.
Here are some of the key provisions:
- 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 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.
As you can see, this new law is long and complicated. It's going to be a real challenge for HR managers and executives with responsibilities relating to employment. Litigation is sure to ensue and there are robust enforcement mechanisms, including a civil action by aggrieved employees for front pay, back pay, reinstatement, and attorneys fees. Because of the significant differences between this law and the FMLA, you cannot simply rely on the procedures you have had in place for FMLA compliance. Business leaders and managers should take a hard look at their policies and practices in light of this new law and seek advice from employment counsel.
Learn more on December 16th with Colin Walker, Employment Lawyer with Fairfield and Woods, P.C.
Learn more on December 16th with Colin Walker, Employment Lawyer with Fairfield and Woods, P.C.
Virtual Luncheon - Prop 118: A Brave ...
Date and Time
Wednesday Dec 16, 2020
11:30 AM - 12:30 PM MST
Location
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