Colorado Legislative Council Staff



State General Fund Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-282

Rep. Veiga

Sen. Pascoe


Bill Status:

Fiscal Analyst:

January 19, 1998

House Business Affairs

Will Meyer (866-4976)



Summary of Legislation

            The provisions of this bill would permit employees who work for employers with 25 or more employees to take family and medical leave. It would apply only to those employees not covered under the provisions of the federal “Family and Medical Leave Act of 1993”. The bill would entitle an eligible employee to take up to 12 weeks of unpaid leave: (1) within the first year after the birth of a child or placement of an adoptive or foster child; (2) to care for a family member with a serious health condition; or (3) because of an employee’s own serious health condition. The bill would become effective upon signature of the Governor.

            The bill would require the Executive Director of the Department of Labor and Employment to issue rules regarding intermittent or reduced schedule leave that would allow taking of such leave to the extent permitted by federal law and to the extent that the leave will not result in the loss of an employee’s exempt status under the “Fair Labor Standards Act of 1938”. The bill also would require the Executive Director to promulgate rules necessary to implement the provisions of the bill. The bill would authorize the Director of the Division of Labor to administer and enforce the provisions of the bill. The federal act covers all public entities including the state, and units of local government.


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund



State Expenditures

General Fund

Department of Law - Cash Fund Exempt*




FTE Position Change



Local Government Impact — None.

              * The cash fund exempt expenditure of the Department of Law would be out of the expenditures of the Department of Labor and Employment.

State Expenditures

            The Department of Labor and Employment would require additional services of attorneys in the Department of Law to promulgate necessary rules. It is estimated that the department would require 90 hours of attorney and paralegal time at a cost of $48 per hour, for a total cost of $4,320 GF in FY 1998/99.

            In addition to the expenditures required to promulgate necessary rules, the Director of the Division of Labor would require additional expenditures to investigate alleged violations and to enforce the provisions of the bill. It is not possible to accurately estimate the number of employers with more than 25 employees, but less than 50 employees. Further, it is not possible to estimate the number of complaints that will be filed against those employers.

            However, the director would take necessary actions to attempt to resolve complaints by use of an expedited administrative proceeding. The director also would be authorized to bring an action in any court of competent jurisdiction to recover damages against employers that violate the provisions of this bill. The costs of each complaint filed by an employee is conditional on the validity of the case and the complexity of the issues.

Spending Authority

            This fiscal note implies that the Department of Labor and Employment would require additional General Fund spending authority of $4,320 in FY 1998/99. Out of that amount, the Department of Law would require $4,320 in cash fund exempt spending authority.

Departments Contacted

            Labor and Employment          Personnel