Colorado state employees will have access to a Paid Family Medical Leave program starting January 2021, Gov. Jared Polis’ office announced Monday.

The new program will be the first time state employees have access to pay if they need to care for a loved one, recover from a serious illness or be at home with a new child.

“I am proud to say that Paid Leave will now be a reality for State Employees, many of whom have worked day and night during this past year to ensure that we can save the lives of Coloradans and come out stronger from this public health crisis,” Polis said in a news release.

The program’s funding is to come through the Group Benefits Plan Reserve Fund, which pays for health, dental and life benefits for state employees. The fund accrued enough money to cover the program’s 2021 expenses, as employees used less medical benefits during the pandemic. After 2021, funding will be jointly pursued between the Colorado Workers for Innovative and New Solutions, an organization that supports state employees, and the General Assembly.

“This is a good step in the right direction and we look forward to negotiating our first contract with the state with an equally collaborative spirit,” Colorado Workers for Innovative and New Solutions Executive Director Hilary Glasgow said. “We know the best way to take care of Coloradans is to take care of our state employees who make the way for a vibrant and flourishing Colorado.”

Last January, only 13 states plus Washington, D.C., and Puerto Rico offered paid family leave. Two more states have signed on since then, including Colorado, as a result of the passage of Prop 118.

Whether Polis has the authority to enact paid family leave is still a big question mark, even with voters approving a paid family and medical leave program that doesn’t begin until 2024.

State law [CRS 24-50-104 (1)(g)] states “the general assembly shall approve any changes to leave benefits granted by statute before such changes are implemented. The state personnel director shall prescribe by procedure any nonstatutory benefits.”

Last January, the Joint Budget Committee unanimously rejected a similar attempt by Polis in his budget request for the 2020-21 year. The cost was estimated at $10 million, and that was for an eight-week program.

Related: Governor’s budget request for 2020-21 hits a wall

However, JBC Chair Sen. Dominick Moreno, a Commerce City Democrat, endorsed the governor’s plan in the statement Monday. “I am excited the state is able to provide this important benefit to our hardworking state employees for the next calendar year,” Moreno said. “I appreciate that the administration and Colorado WINS consulted with us on extending this benefit to Colorado state workers.”

But Polis hasn’t asked the JBC for the spending authority to implement the program, and Moreno told Colorado Politics Monday the JBC has not discussed paid leave as a benefit for state employees. The JBC held hearings on state employee benefits and compensation on Dec. 7 and that issue did not come up.

Moreno acknowledged that Polis’ decision means state employees will get access to paid leave three years before employees in local governments, as well as those in the private sector, will have that access.

“Voters have endorsed the idea of providing paid leave,” he added, but also said the statutory authority question is not “completely settled.” He also doubts the legislature’s attorneys are likely to change their opinion from what they wrote last January.

Moreno explained that the paid leave authorized by Polis is more or less a temporary benefit until the general benefit kicks in for all workers in 2024.

 Colorado Politics’ Marianne Goodland contributed to this report.