Colorado 2025 Regular Session

Colorado Senate Bill SB074 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0691.01 Renee Leone x2695
8	8	SENATE BILL 25-074
9	9	Senate Committees House Committees
10	10	State, Veterans, & Military Affairs
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING CREATING AN EXEMPTION TO THE EMPLOYMENT101
14	14	PROTECTION REQUIREMENTS UNDER THE "PAID FAMILY AND102
15	15	M
16	16	EDICAL LEAVE INSURANCE ACT" FOR AN EMPLOYER THAT103
17	17	HAS A WORKFORCE CONSISTING OF A MAJORITY OF HIGHLY104
18	18	SPECIALIZED EMPLOYEES .105
19	19	Bill Summary
20	20	(Note: This summary applies to this bill as introduced and does
21	21	not reflect any amendments that may be subsequently adopted. If this bill
22	22	passes third reading in the house of introduction, a bill summary that
23	23	applies to the reengrossed version of this bill will be available at
24	24	http://leg.colorado.gov
25	25	.)
26	26	Under current law, when an employee takes leave from a job
27	27	pursuant to the state's paid family and medical leave insurance program,
28	28	SENATE SPONSORSHIP
29	29	Bright,
30	30	HOUSE SPONSORSHIP
31	31	Barron,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. the employer is required to hold the employee's job until the employee
35	35	returns and maintain the employee's health-care benefits during the
36	36	duration of their leave.
37	37	Section 1 of the bill creates an exemption from these requirements
38	38	for an employer that has a workforce of 51% or more highly specialized
39	39	employees. The bill requires an employer to apply to and get approval
40	40	from the division of family and medical leave insurance (division) in the
41	41	department of labor and employment before the employer can qualify for
42	42	the exemption. An employer that qualifies must reapply annually to
43	43	maintain the exemption. Lastly, section 1 defines a highly specialized
44	44	employee as an employee whose job description or duties:
45	45	! Involve responsibilities that are not easily transferrable;
46	46	! Require a specific or unique advanced degree that limits
47	47	the pool of replacements; or
48	48	! Require a rare or in-high-demand skill set.
49	49	Section 2 requires the division to establish a standardized
50	50	application process for employers to apply for the highly specialized
51	51	employees exemption by submitting documentation that proves that the
52	52	employer has a workforce of 51% or more highly specialized employees.
53	53	On or before March 1, 2026, the director of the division is required to
54	54	adopt necessary rules to implement the application process.
55	55	Be it enacted by the General Assembly of the State of Colorado:1
56	56	SECTION 1. In Colorado Revised Statutes, 8-13.3-509, amend2
57	57	(8); and add (9) as follows:3
58	58	8-13.3-509. Leave and employment protection - exceptions -4
59	59	definition. (8) This section does not apply to:5
60	60	(a) An employee of a local government that has elected coverage6
61	61	pursuant to section 8-13.3-514;
62	62	OR7
63	63	(b) (I) O
64	64	N AND AFTER JUNE 1, 2026, AN EMPLOYEE WHO WORKS8
65	65	FOR AN EMPLOYER THAT HAS A WORKFORCE COMPRISED OF FIFTY -ONE9
66	66	PERCENT OR MORE HIGHLY SPECIALIZED EMPLOYEES .10
67	67	(II) P
68	68	URSUANT TO A STANDARDIZED APPLICATION PROCESS11
69	69	ADOPTED BY THE DIVISION IN ACCORDANCE WITH SECTION 8-13.3-516 (8),12
70	70	AN EMPLOYER THAT HAS A WORKFORCE COMPRISED OF FIFTY -ONE13
71	71	SB25-074-2- PERCENT OR MORE HIGHLY SPECIALIZED EMPLOYEES MUST APPLY TO AND1
72	72	GET APPROVAL FROM THE DIVISION TO QUALIFY FOR THE HIGHLY2
73	73	SPECIALIZED EMPLOYEES EXEMPTION SET FORTH IN SUBSECTION (8)(b)(I)3
74	74	OF THIS SECTION. AN EMPLOYER THAT THE DIVISION QUALIFIES FOR THE4
75	75	EXEMPTION MUST REAPPLY ANNUALLY TO MAINTAIN THE EXEMPTION . 5
76	76	(9) A
77	77	S USED IN THIS SECTION, "HIGHLY SPECIALIZED EMPLOYEE"6
78	78	MEANS AN EMPLOYEE WHOSE JOB DESCRIPTION OR DUTIES :7
79	79	(a) I
80	80	NVOLVE RESPONSIBILITIES THAT ARE NOT EASILY8
81	81	TRANSFERABLE TO OTHER EMPLOYEES WITHOUT SIGNIFICANT TRAINING ;9
82	82	(b) R
83	83	EQUIRE A SPECIFIC OR UNIQUE ADVANCED DEGREE ,10
84	84	CERTIFICATION, OR TECHNICAL QUALIFICATION THAT LIMITS THE POOL OF11
85	85	POTENTIAL REPLACEMENTS FOR THAT JOB ; OR12
86	86	(c) R
87	87	EQUIRE A SKILL SET THAT IS RARE OR IN HIGH DEMAND , AS13
88	88	EVIDENCED BY LONG AVERAGE HIRING TIMES FOR SIMILAR JOBS AND14
89	89	REGIONAL OR INDUSTRY-SPECIFIC SHORTAGES OF QUALIFIED APPLICANTS.15
90	90	SECTION 2. In Colorado Revised Statutes, 8-13.3-516, add (8)16
91	91	as follows:17
92	92	8-13.3-516. Family and medical leave insurance program -18
93	93	rules. (8) (a) T
94	94	HE DIVISION SHALL ESTABLISH A STANDARDIZED19
95	95	APPLICATION PROCESS BY WHICH AN EMPLOYER MAY APPLY ANNUALLY TO20
96	96	THE DIVISION FOR THE HIGHLY SPECIALIZED EMPLOYEE EXEMPTION SET21
97	97	FORTH IN SECTION 8-13.3-509 (8)(b).22
98	98	(b) T
99	99	HE STANDARDIZED APPLICATION PROCESS MUST REQUIRE AN23
100	100	EMPLOYER APPLYING FOR THE HIGHLY SPECIALIZED EMPLOYEE EXEMPTION24
101	101	TO SUBMIT DOCUMENTATION ESTABLISHING THAT FIFTY -ONE PERCENT OR25
102	102	MORE OF THE EMPLOYER 'S EMPLOYEES ARE HIGHLY SPECIALIZED , AS26
103	103	DEFINED IN SECTION 8-13.3-509 (9).27
104	104	SB25-074
105	105	-3- (c) ON OR BEFORE MARCH 1, 2026, THE DIRECTOR SHALL ADOPT1
106	106	NECESSARY RULES TO IMPLEMENT THE STANDARDIZED APPLICATION2
107	107	PROCESS. 3
108	108	SECTION 3. Act subject to petition - effective date. This act4
109	109	takes effect at 12:01 a.m. on the day following the expiration of the5
110	110	ninety-day period after final adjournment of the general assembly; except6
111	111	that, if a referendum petition is filed pursuant to section 1 (3) of article V7
112	112	of the state constitution against this act or an item, section, or part of this8
113	113	act within such period, then the act, item, section, or part will not take9
114	114	effect unless approved by the people at the general election to be held in10
115	115	November 2026 and, in such case, will take effect on the date of the11
116	116	official declaration of the vote thereon by the governor.12
117	117	SB25-074
118	118	-4-