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Update Colorado Employment Security Act

Concerning employment security, and, in connection therewith, amending the definition of "immediate family", removing a requirement that a claimant suffering from domestic violence provide written documentation of the domestic violence in order to establish the claimant's eligibility for benefits, and limiting the meaning of certain instances of the term "remuneration" to describe a severance allowance.
2020 Regular Session
Labor & Employment
Bill Summary

For the purposes of establishing a worker's eligibility for benefits under the "Colorado Employment Security Act" (Act), the bill relocates the definition of "immediate family" and amends the definition to include:

  • A sibling of the worker who is under 18 years of age and for whom the worker stands in loco parentis; and
  • A sibling of the worker who is incapable of self-care due to a mental or physical disability or a long-term illness.

Under current law, a worker who separates from a job because of domestic violence may be eligible for benefits under the Act if the worker reasonably believes that the worker's continued employment would jeopardize the safety of the worker or any member of the worker's immediate family and the worker provides the division of unemployment insurance either:

  • An active or recently issued protective order or other order documenting the domestic violence or a police record documenting recent domestic violence; or
  • A statement substantiating recent domestic violence from a qualified professional from whom the worker has sought assistance for the domestic violence, such as a counselor, shelter worker, member of the clergy, attorney, or health worker.

The bill eliminates the requirement that a worker provide either form of documentation in order to establish the worker's eligibility for benefits under the Act.

The bill substitutes the term "severance allowance" for "remuneration" in a provision that concerns remuneration received by an individual who has been separated from employment.

The bill states that, subject to the approval of the executive director of the department of labor and employment, the director of the division of unemployment insurance (division) may enter into an interagency agreement with the department of law for assistance in enforcing certain provisions concerning the misclassification of employees by an employer.

The bill requires that fines imposed by the division or by the attorney general pursuant to enforcing laws concerning employment security shall be transferred to the department of labor and employment and credited to the unemployment revenue fund.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)




Bill Text