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Bill > SB074


CO SB074

CO SB074
Highly Specialized Employment Leave Protection Exemption


summary

Introduced
01/22/2025
In Committee
01/22/2025
Crossed Over
Passed
Dead
02/11/2025

Introduced Session

2025 Regular Session

Bill Summary

Under current law, when an employee takes leave from a job pursuant to the state's paid family and medical leave insurance program, the employer is required to hold the employee's job until the employee returns and maintain the employee's health-care benefits during the duration of their leave. Section 1 of the bill creates an exemption from these requirements for an employer that has a workforce of 51% or more highly specialized employees. The bill requires an employer to apply to and get approval from the division of family and medical leave insurance (division) in the department of labor and employment before the employer can qualify for the exemption. An employer that qualifies must reapply annually to maintain the exemption. Lastly, section 1 defines a highly specialized employee as an employee whose job description or duties: ! Involve responsibilities that are not easily transferrable; ! Require a specific or unique advanced degree that limits the pool of replacements; or ! Require a rare or in-high-demand skill set. Section 2 requires the division to establish a standardized application process for employers to apply for the highly specialized employees exemption by submitting documentation that proves that the employer has a workforce of 51% or more highly specialized employees. On or before March 1, 2026, the director of the division is required to adopt necessary rules to implement the application process.

AI Summary

This bill modifies Colorado's paid family and medical leave insurance program by creating a new exemption for employers with a workforce comprising 51% or more highly specialized employees. The bill defines a "highly specialized employee" as someone whose job involves responsibilities that are not easily transferable, requires a unique advanced degree or certification that limits potential replacements, or demands a rare or in-high-demand skill set. Starting June 1, 2026, such employers can apply to the division of family and medical leave insurance for an exemption from the standard requirements to hold an employee's job and maintain health-care benefits during leave. Employers must apply annually to the division and submit documentation proving they meet the highly specialized employee threshold. The division is required to establish a standardized application process and adopt necessary rules by March 1, 2026. The bill aims to provide flexibility for employers in industries with unique staffing challenges, recognizing that replacing certain highly specialized employees can be difficult during extended leave periods. The legislation will take effect after the standard legislative review process, with potential voter approval in November 2026 if a referendum petition is filed.

Committee Categories

Military Affairs and Security

Sponsors (2)

Last Action

Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (on 02/11/2025)

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