Employers Have an Opportunity to Comment on Colorado’s Family and Medical Leave Insurance Benefit Rules

Employers Have an Opportunity to Comment on Colorado’s Family and Medical Leave Insurance Benefit Rules

By Ken Stable, Law Clerk

On November 3, 2020, Colorado voters approved Proposition 118 which mandates paid family and medical leave (“PFML”) for all Colorado employees similar to eight (8) other states and the District of Columbia.[1] Starting January 1, 2024, FAMLI will allow employees to receive up to twelve (12) weeks of paid leave.[2] The leave is funded through a payroll tax paid for by both employers and employees 50/50.[3] Colorado’s FAMLI will apply to employers with ten or more employees.[4]

The FAMLI will be governed by the Colorado Department of Labor and Employment’s (“CDLE”) Colorado Medical Leave Insurance Division (“Division”), which is currently conducting rulemaking for FAMLI on Regulations Concerning Benefits and Employer Participation Requirements (“Benefit Rules”).[5]

Some of the key rules under considerations include:

· Employers would have to register with the FAMLI Division by January 1, 2023, regardless of whether an employer declines participation or meets their obligations under an approved private plan;

· Wage reports are required to be submitted by the Employer to the Division on the same quarterly schedule as they submit premiums to the Division.  If an employer fails to timely submit wage reports, the Division may assess a fine of up to $50.00 per employee; and

· Employers must post FAMLI “Notice” requirements or the employer may not discipline an employee who does not give proper notice for their leave.

The next public hearing on Benefits Rules, is scheduled for August 2, 2022. For full details, future hearing dates, and to submit public comments to the FAMLI Division regarding the proposed rule ahead of the hearing, visit the FAMLI Website. Campbell Litigation will continue to monitor the FAMLI rulemaking process.

[1] Colorado Proposition 118 paid medical and Family Leave Initiative (2020), Ballotpedia, https://ballotpedia.org/Colorado_Proposition_118,_Paid_Medical_and_Family_Leave_Initiative_(2020)#cite_note-bluebook-8 (last visited Jul 14, 2022).

[2] Id.

[3] Id.

[4] Id

[5] Proposed/adopted rules, Family and Medical Leave Insurance, https://famli.colorado.gov/proposed/adopted-rules (last visited Jul 14, 2022).