Amount of benefits.

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[Editor's note: This section is effective upon proclamation of the governor for the votes cast November 3, 2020.] (1) The amount of family and medical leave insurance benefits shall be determined as follows:

(a) The weekly benefit shall be determined as follows:

  1. The portion of the covered individual's average weekly wage that is equal to or lessthan 50 percent of the state average weekly wage shall be replaced at a rate of 90 percent; and

  2. The portion of the covered individual's average weekly wage that is more than 50 percent of the state average weekly wage shall be replaced at a rate of 50 percent.

(b) The maximum weekly benefit is 90 percent of the state average weekly wage, except that for paid family and medical leave beginning before January 1, 2025, the maximum weekly benefit is 1,100 dollars.

(2) The division shall calculate a covered individual's weekly benefit amount based on the covered individual's average weekly wage earned from the job or jobs from which the covered individual is taking paid family and medical leave, up to the maximum total benefit established in section 8-13.3-506 (1)(b). If a covered individual taking paid family and medical leave from a job continues working at an additional job or jobs during this time, the division shall not consider the covered individual's average weekly wage earned from the additional job or jobs when calculating the covered individual's weekly benefit amount. A covered individual with multiple jobs may elect whether to take leave from one job or multiple jobs.

Source: Initiated 2020: Entire part added, Proposition 118, effective upon proclamation of the Governor.

Editor's note: This section was originally numbered as 18-13.3-406 in Proposition 118 but was renumbered on revision for ease of location.


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