Colorado Supreme Court Upholds Expanded Paid Vacation Program

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The Colorado Supreme Court has upheld Proposition 118, which requires most employers to provide workers with 12 weeks of paid family and medical leave starting in 2024.

The ballot initiative was approved by voters in 2020, surpassing nearly 60%.

Chronos Builders LLC challenged Proposition 118, titled Colorado Paid Family and Medical Leave Insurance (FAMI). The Grand Junction-based homebuilder claimed the law violated Section (8)(a) of the Taxpayer Bill of Rights (TABOR) which requires a flat tax rate for income. He also claimed that the bonuses were an unconstitutional additional tax burden.

In an email to the CPR, Advance Colorado, the conservative advocacy group that asked Chronos Builders, said it was reviewing the decision.

Judge Monica M. Marquez wrote in her opinion that FAMI does not violate TABOR because it is not an income tax law or a change in such a law. Premiums collected are contributions held in the Family and Medical Leave Insurance Fund.

State Senator Faith Winter (D-Westminster) was not surprised by the decision.

“Proposition 118 is extremely important to ensure that no Coloradans have to make a decision between caring for themselves and a loved one and a paycheck,” Winter said. “At present, only 80% of Coloradans have access to paid family leave. Once we implement [Proposition] 118, all Coloradans will have access to paid family and medical leave.

Proposition 118 received 58% of votes statewide in 2020. It created FAMI to provide what Judge Marquez called a “necessary safety net” for all workers in Colorado to meet personal care needs. and family.

The program includes:

  • Birth, adoption, foster care
  • Caring for a family member with a serious health condition.
  • Serious health condition
  • Allowable requirement leave
  • victim of domestic violence

The proposal also obliges employers to grant workers one hour of sick leave for every thirty hours of work.

Employers with nine or fewer employees only have to pay half the premium and can deduct up to that amount from that employee’s salary. Employers with ten or more are responsible for the entire premium and can deduct half of the employee’s salary. The Family and Medical Leave Insurance Division was created under AMIF to administer the program.

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