Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Wednesday, November 4, 2020

Colorado Passes Paid Family and Medical Leave

Colorado Voters Say Yes to a Paid Family and Medical Leave Act Program

Colorado voters have approved a new paid family and medical leave law. The measure had the support of 57 percent of voters as of 9:30 p.m., with a sizable lead of nearly 400,000 votes.

 

Under Proposition 118, Colorado would require that employers provide 12 weeks of paid time off for childbirth and family emergencies. Eight other states and Washington, D.C., have created similar programs in the last two decades.

 

"I am happy for the workers of Colorado," said State Sen. Faith Winter, a paid leave proponent The new law will ensure that mothers don't have to return to work mere days after giving birth, she said, and that cancer patients can take time to heal.***

 

Labor reformers have been trying to pass a similar law in Colorado since 2014, but it has failed each time in the legislature. This year, after legislative efforts fell apart yet again, advocates instead decided to put the measure on the ballot. It’s the first time that voters in any state have been asked to decide on a paid leave law.

 

The supporting campaign had raised nearly $6.5 million as of mid-October, mostly from the North Fund and the Sixteen Thirty Fund, national liberal nonprofits that don’t disclose their donors.

 

Business interests have fought similar measures in Colorado for years — but they ultimately were outspent by a 10-to-1 ratio, said opposition campaign co-chair Dave Davia. It was difficult to raise money amid a bruising pandemic year and with 10 other statewide ballot measures competing for funding, he said.

 

See Lily, Paid Family Leave Has Never Been on a Ballot--Until this Year

 

As voters cast ballots for national, state and local candidates, they will also be asked to vote on Proposition 118, to create a paid family and medical leave program. If passed, it would be the ninth state, plus D.C., to do so.

 

This is the first time it has been directly on a state ballot. In the past, it has always originated from a state legislature or, in the case of D.C., the city council.

 

If passed, workers in Colorado could expect up to 12 weeks of paid leave, with an additional four weeks for qualifying childbirth or pregnancy complications.***

 

In Colorado, the new measure would include maternity, paternity, medical leave, or time off to care for a family member. The program would work like other social insurance programs with employees and employers contributing to a fund, equivalent to 0.45 percent of an employee’s wages. Employers have the option to pay up to 100 percent of the contributions.

 

Businesses with fewer than 10 employees would not have to contribute, but their employees still receive the time off. The average Colorado worker would contribute less than $4 a week, according to the Fairness Project.

 

The measure has received bipartisan support, including from advocates for small businesses, who say owners don’t want to compete with large corporations for benefits.

https://lawprofessors.typepad.com/gender_law/2020/11/colorado-passes-paid-family-and-medical-leave.html

Family, Legislation, Work/life | Permalink

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