REGULATIONS CONCERNING LOCAL GOVERNMENT PARTICIPATION WITH THE PAID FAMILY MEDICAL LEAVE PROGRAM

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DEPARTMENT OF LABOR AND EMPLOYMENT

Division of Family and Medical Leave Insurance

REGULATIONS CONCERNING LOCAL GOVERNMENT PARTICIPATION WITH THE

PAID FAMILY MEDICAL LEAVE PROGRAM

7 CCR 1107-2

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

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2.1

Statements of Authority, Purpose, and Incorporation by Reference

1.

This regulation is adopted pursuant to the authority in section C.R.S. § 8-13.3-

501 et seq. and is intended to be consistent with the requirements of the State

Administrative Procedures Act, C.R.S. § 24-4-101 et seq. (the “APA”), and the

Paid Family and Medical Leave Insurance Act, C.R.S. § 8-13.3-501 through 524

(the “FAMLI Act”).

2.

The general purpose of these rules is to exercise the authority of this Division to

enforce and implement the FAMLI Act with regard to local governments.

3.

If any part of these rules is held invalid, the remainder shall remain valid, and if

any part is held not wholly invalid, but in need of narrowing, it will be retained in

narrowed form.

2.2

Definitions and Clarifications

1.

Unless otherwise indicated, terms used here that are defined in the FAMLI Act

have the same definition as they do under the FAMLI Act.

2.

“Governing Body” has the same meaning as in C.R.S. § 29-1-102(12).

3.

“Local Government” has the same meaning as defined at C.R.S. § 8-13.3-

503(14), and is limited to Colorado local governments. "Local government" does

not include: (1) a governmental entity with one or more employees in the state

personnel system pursuant to Art. XII Section 13 of the Colorado Constitution

and the State Personnel System Act, C.R.S. § 24-50-101 et seq.; or (2) a

governmental entity for which premiums were paid pursuant to C.R.S. § 8-13.3-

518(4)(b).

4.

“Premium” has the same meaning as in 7 CCR 1107-1 Section 1.2.6.

Code of Colorado Regulations

Secretary of State

State of Colorado

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Division of Family and Medical Leave Insurance

o Constitution

and the State Personnel System Act, C.R.S. § 24-50-101 et seq.; or (2) a

governmental entity for which premiums were paid pursuant to C.R.S. § 8-13.3-

518(4)(b).

4.

“Premium” has the same meaning as in 7 CCR 1107-1 Section 1.2.6.

Code of Colorado Regulations

Secretary of State

State of Colorado

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Division of Family and Medical Leave Insurance

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2.3

Process and Notification of Program Declination

1.

Local government employers are permitted to decline participation in the family

and medical leave insurance program after a written notice has been delivered to

the Division memorializing the decision by an affirmative vote of the local

government’s governing body to decline participation in the program. Such a vote

must follow the local government’s procedures for other votes of the governing

body for similar decisions.

A.

If a local government participates in the family and medical leave program

on or after January 1, 2024, and later votes to decline participation, the

declination will not take effect until at least 180 days after the vote, to

allow individual employees the opportunity to opt into the benefits program

pursuant to C.R.S. § 8-13.3-514, should individuals choose to elect

coverage.

B.

Public notice must be given in the same manner as any similar business

before the governing body, and the local government must take/hear

public comment prior to the vote if the local government has established

procedures for public comment for similar business. The local

government’s employees must also be notified in writing prior to the vote

and provided both information regarding the vote process and the

opportunity to submit comments through a public process to the governing

body.

C

body, and the local government must take/hear

public comment prior to the vote if the local government has established

procedures for public comment for similar business. The local

government’s employees must also be notified in writing prior to the vote

and provided both information regarding the vote process and the

opportunity to submit comments through a public process to the governing

body.

C.

Within 30 days following a local government declination vote, the local

government must provide its local government employees with a written

individual notice of the local government’s declination vote and the impact

toward coverage under the FAMLI Act, or other paid family and leave

insurance coverage. The written notice, must at a minimum, explain the

differences between benefits offered by the state program and any other

paid leave plan offered by the local government. The notice must also

state which employees, if any, are eligible for job protection under the

federal Family and Medical Leave Act (FMLA) benefits or other local

provisions where applicable. The notice must also be delivered to all new

employees hired after the date of the declination vote.

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D.

The written notice described at Section 2.3.1.C must contain information

regarding the right of local government employees to voluntarily elect

coverage pursuant to C.R.S. § 8-13.3-514, and the contact information for

the Division

ivered to all new

employees hired after the date of the declination vote.

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D.

The written notice described at Section 2.3.1.C must contain information

regarding the right of local government employees to voluntarily elect

coverage pursuant to C.R.S. § 8-13.3-514, and the contact information for

the Division. In addition to providing written notices to individual

employees in accordance with Section 2.3.1.C of this rule, local

government employers must also post a notice containing the information

in a conspicuous and accessible place in each establishment where

employees are employed; provided, however, in cases where the local

government employer does not maintain a physical workplace, or an

employee teleworks or performs work through a web-based or app-based

platform, notification must be sent via electronic communication or through

a conspicuous posting in the web-based or app-based platform. The

individual and posted notices required in Sections 2.3.1.C and 2.3.1.D

must be in English and in any language representing the first language

spoken by at least five percent of the local government employer's

workforce. The Division will create and make available to local

government employers posters and notices containing the information

required in this regulation, and local government employers may use the

posters and notices to comply with the requirements of this section.

1.

It is the responsibility of the local government employer to request

printed materials from the Division. Local government employers

may be responsible for the printing and mailing costs of such

materials.

2.

It is the responsibility of the local government to provide written

notification to the Division of the local government employers

interpretation needs of printed notices for languages other than

English or Spanish.

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f the local government employer to request

printed materials from the Division. Local government employers

may be responsible for the printing and mailing costs of such

materials.

2.

It is the responsibility of the local government to provide written

notification to the Division of the local government employers

interpretation needs of printed notices for languages other than

English or Spanish.

2.

Local governments without employees are not employers, and as such, do not

need to register, vote, decline coverage, or otherwise participate in the family and

medical leave insurance program.

3.

The Division may presume that an entity is not a local government if the entity

does not appear on a public list of local governments published by the Office of

the State Auditor’s Local Government Audit Division, the Colorado Department of

Local Affairs, or the Colorado Department of Education. An entity not on those

lists may overcome the presumption by submitting documentation sufficient to

establish that it is a local government.

2.4

Local Government Employer Participation

1.

Local government employers are required to formally notify the Division in writing

and provide both the date of the vote, and the local government’s decision to

decline participation in the family and medical leave insurance program.

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A.

Local governments which have previously declined participation in the

family and medical leave insurance program pursuant to C.R.S. § 8-13.3-

522, may subsequently elect coverage at any time by a vote of the

governing body.

B.

A local government may not decline participation in the family and medical

leave insurance program in part. Any declination by a local government is

a full declination of family and medical leave insurance program

participation for that local government employer, except such an employer

may enter into an agreement with an employee who elects coverage

pursuant to C.R.S

ote of the

governing body.

B.

A local government may not decline participation in the family and medical

leave insurance program in part. Any declination by a local government is

a full declination of family and medical leave insurance program

participation for that local government employer, except such an employer

may enter into an agreement with an employee who elects coverage

pursuant to C.R.S. § 8-13.3-514, whereby the employer agrees to provide

administrative support to the employee with regard to the employee’s

program obligations, including but not limited to deducting premiums from

the employee’s wages and remitting premiums and wage reports to the

Division on behalf of the employee.

2.

A vote to decline coverage is not permanent. A local government which has

previously declined coverage may vote to renew the declination no later than

every eight years. The Division will notify the local government of the end of the

eight-year declination period one year in advance. In the absence of a vote

further declining coverage, the local government will become a covered employer

immediately after the end of the eight-year declination period. The local

government must inform the Division of a declination vote in writing which

includes the date the vote was taken.

3.

When a local government employer returns to coverage pursuant to these rules,

the employer will be covered and subject to premium liability beginning on the

earlier of: (1) the effective date specified by the local government employer in its

notification to the Division; or (2) the first day after the local government

employer’s deadline to renew its declination has passed.

4.

Local government employers that have previously declined participation and then

subsequently elect or otherwise return to coverage under the family and medical

leave insurance program pursuant to these regulations must remain in the

program and pay premiums for a minimum of twelve complete calendar quarters

after the elected coverage begins

ployer’s deadline to renew its declination has passed.

4.

Local government employers that have previously declined participation and then

subsequently elect or otherwise return to coverage under the family and medical

leave insurance program pursuant to these regulations must remain in the

program and pay premiums for a minimum of twelve complete calendar quarters

after the elected coverage begins. If such an employer chooses to again decline

participation, notice of such declination must be delivered in writing to the

Division at least one complete calendar quarter in advance of the end of the

twelve calendar quarter cycle pursuant to this regulation.

5.

Employees must also be notified directly in writing, and at least 180 days before

the pending or upcoming return to or withdrawal of coverage pursuant to this

regulation.

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A.

Local government employers must display a notice containing the

information required in this regulation in a conspicuous and accessible

place in each establishment where employees are employed; provided,

however, in cases where the local government employer does not

maintain a physical workplace, or an employee teleworks or performs

work through a web-based or app-based platform, notification must be

sent via electronic communication or through a conspicuous posting in the

web-based or app-based platform.

B.

The written notice and posting must contain an explanation of employee

rights under the FAMLI program including but not limited to program

requirements, benefits, claims process, payroll deductions and premiums,

the right to job protection and benefit continuation under C.R.S. § 8-13.3-

509, protection against retaliatory personnel actions or other

discrimination, relevant contact information for the Division, and other

pertinent information.

C

xplanation of employee

rights under the FAMLI program including but not limited to program

requirements, benefits, claims process, payroll deductions and premiums,

the right to job protection and benefit continuation under C.R.S. § 8-13.3-

509, protection against retaliatory personnel actions or other

discrimination, relevant contact information for the Division, and other

pertinent information.

C.

The notice and poster required by this regulation must be in English and in

any language representing the first language spoken by at least five

percent of the local government employer's workplace. The Division will

create and make available to local government employers posters and

notices containing information required in this regulation, and local

government employers may use the posters and notices to comply with

the requirements of this section.

6.

Local governments that decline participation in the family and medical leave

insurance program are not subject to obligations or prohibitions contained in the

FAMLI Act or its implementing regulations, except where otherwise expressly

provided in the FAMLI Act or its implementing regulations. Local governments

that decline participation in the family and medical leave insurance program are

not entitled to any rights or protections contained in the FAMLI Act or its

implementing regulations, except where otherwise expressly provided in the

FAMLI Act or its implementing regulations.

2.5

Overpayments

In the event of an overpayment of premiums by a local government employee whose

employer elects coverage after having previously declined coverage, any overpaid

premiums will be repaid to the employee by the Division. The Division will ensure a

continuation of coverage for local government employees who have individually opted

into the benefits program pursuant to C.R.S. § 8-13.3-514, and ensure there is not a

lapse in coverage prior to the local government’s reinstatement of coverage.

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paid to the employee by the Division. The Division will ensure a

continuation of coverage for local government employees who have individually opted

into the benefits program pursuant to C.R.S. § 8-13.3-514, and ensure there is not a

lapse in coverage prior to the local government’s reinstatement of coverage.

CODE OF COLORADO REGULATIONS

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Division of Family and Medical Leave Insurance

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