What is being proposed?
The Paid Sick Leave initiative on the November 1, 2011 Denver
ballot would require all employees in Denver (including part-time
and temporary employees) to be provided paid sick leave.
Businesses with 10 or more employees must provide up to 9-days of paid sick and safe time per year and companies with fewer than 10 employees must provide up to 5-days of paid sick and safe time per year.
How did this get on the ballot?
In Denver, an ordinance may be placed on the ballot by submitting a petition with signatures totaling 5% (or more) of the last mayoral vote. The Denver Paid Sick Leave petition needed only 3,973 signatures to be determined valid and put on the ballot for a vote of the people.
Is this proposal just for Denver?
Yes, the initiative is being proposed for only the City & County of Denver and does not include the State of Colorado as a whole or any other city or county outside of Denver. This means businesses with employees in Denver will be paying an added cost that is not required outside of city limits.
How can paid sick leave be used?
Paid sick leave can be taken for a wide variety of reasons, including any mental or physical illness of the employee, the employee's family or other individual with a close affinity to the employee. No advance notice or doctor's note is required unless absence extends beyond three days.
It has become clear how easy this law could be abused, as employees can literally walk off the job or no call/no show without having to provide notice or a reason.
How does this affect Denver businesses?
Having to comply with this government mandate will increase the cost to business at the worst time possible-an economic downturn. Added costs to business will impact jobs, wages and other benefits. This mandate will impact small and family-owned businesses the hardest because they have the fewest resources to comply with it. Beyond the costs, small businesses are concerned about sufficient staffing if this passes, as any employee or group of employees will literally be allowed to leave the job or not show up on any given date.
How does this affect government employees?
The initiative only targets private businesses in Denver and exempts government employees at the state and federal level.
How would this be enforced?
Denver's Agency for Human Rights and Community Relations will be responsible for implementation and enforcement. The Agency, with a total staff of only eight employees, is granted broad powers to adopt rules and procedures for enforcement.
If a complaint regarding paid sick leave is filed by an employee, the ordinance presumes the employer is guilty and places the burden of proof upon the employer to prove that no adverse action against the employee was taken.
What if a business already provides paid sick leave to employees?
If an employer already provides paid sick leave, this proposal would require all provisions in the ordinance to be the minimum level provided and also force Denver employers into compliance with the numerous other elements of the ordinance, including not having employees be required to provide notice and being presumed guilty if a complaint is filed.
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