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Second Regular Session
Sixty-first General Assembly
LLS NO. 980359.01 BWM
HOUSE BILL 981154
STATE OF COLORADO
BY REPRESENTATIVES T. Williams, Agler, Dean, S. Johnson, McPherson, Pfiffner, Sinclair, Taylor, and Tucker;
also SENATOR Schroeder.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING REQUIREMENTS RELATED TO THE PAYMENT OF
UNEMPLOYMENT INSURANCE BENEFITS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
To be eligible for unemployment insurance benefits, requires that a claimant comply with provisions established by the division of employment and training in the department of labor and employment for written medical statements issued by a licensed practicing physician on any matters related to health. Specifies that an employer will not be chargeable for unemployment insurance benefits paid because an employee quits a job for compelling personal reasons not attributable to the employment. Also specifies that an employer will not be so chargeable for such benefits if an employee does not work due to an authorized and approved leave of absence, including, but not limited to, those approved under the federal "Family and Medical Leave Act".
To be eligible for unemployment insurance benefits
resulting from termination due to a strike or labor dispute, requires
that an employee must abandon the labor dispute, unconditionally
offer to return to work, and be refused employment by the employer
in order to be considered terminated as a result of permanent
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. The introductory portion to 873107 (1) (c) (I), Colorado Revised Statutes, is amended, and the said 873107 (1) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
873107. Eligibility conditions penalty. (1) Any unemployed individual shall be eligible to receive benefits with respect to any week only if the division finds that:
(c) (I) He is able to work and is
available for all work deemed suitable pursuant to the provisions
of section 873108
(b) (I) INCLUDING
REQUIRING A WRITTEN MEDICAL STATEMENT ISSUED BY A LICENSED PRACTICING
PHYSICIAN ON ANY MATTERS RELATED TO HEALTH, and, with respect
(j) EXCEPT THAT SUCH INDIVIDUAL SHALL NOT BE ELIGIBLE WHEN THE INDIVIDUAL IS NOT WORKING DUE TO AN AUTHORIZED AND APPROVED VOLUNTARY LEAVE OF ABSENCE.
SECTION 2. 873108 (5) (e) (XXII), Colorado Revised Statutes, is amended to read:
873108. Benefit awards. (5) Disqualification. (e) Subject to the maximum reduction consistent with federal law, and insofar as consistent with interstate agreements, if a separation from employment occurs for any of the following reasons, the employer from whom such separation occurred shall not be charged for benefits which are attributable to such employment and, because any payment of benefits which are attributable to such employment out of the fund as defined in section 870103 (13) shall be deemed to have an adverse effect on such employer's account in such fund, no payment of such benefits shall be made from such fund:
(XXII) Quitting under conditions involving
THAT do not, under other provisions of this section, provide for
an award of benefits, INCLUDING COMPELLING PERSONAL REASONS;
SECTION 3. Effective date applicability. (1) This act shall take effect August 15, 1998; except that, if a referendum petition is filed against this act or an item, section, or part of this act within the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to claims for unemployment insurance benefits filed on or after the applicable effective date of this act.