REGULATIONS CONCERNING BENEFITS AND EMPLOYER PARTICIPATION REQUIREMENTS

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Code of Colorado Regulations › 1100 Department of Labor and Employment › 1107 Division of Family and Medical Leave Insurance › 7 CCR 1107-3

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Text

Department of Labor and Employment

Division of Family and Medical Leave Insurance

REGULATIONS CONCERNING BENEFITS AND EMPLOYER PARTICIPATION

REQUIREMENTS

7 CCR 1107-3

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

3.1

Statements of Authority, Purpose, and Incorporation by Reference

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 “Act”).

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

enforce and implement the Paid Family and Medical Leave Insurance Act (C.R.S.

§ 8-13.3-501 et seq.) with regard to benefits and employer participation.

29 C.F.R. §§ 825.102, 825.113, 825.114, 825.115, and 825.119(a) (2025) are

hereby incorporated by reference. Earlier versions of such laws and regulations

may apply to events that occurred in prior years. Such incorporation excludes

later amendments to or editions of the statutes and regulations. These statutes

and regulations are available for public inspection at the Colorado Department of

Labor and Employment, Division of Family and Medical Leave Insurance, 707

17th Street, Denver, CO 80202. Copies may be obtained from this Division at a

reasonable charge, or can be accessed electronically from www.ecfr.gov.

Pursuant to C.R.S. § 24-4-103(12.5)(b), the agency shall provide certified copies

of the statutes and regulations incorporated at cost upon request or shall provide

the requestor with information on how to obtain a certified copy of the material

incorporated by reference from the agency originally issuing the statutes. All

Division Rules are available to the public at famli.colorado.gov.

fr.gov.

Pursuant to C.R.S. § 24-4-103(12.5)(b), the agency shall provide certified copies

of the statutes and regulations incorporated at cost upon request or shall provide

the requestor with information on how to obtain a certified copy of the material

incorporated by reference from the agency originally issuing the statutes. All

Division Rules are available to the public at famli.colorado.gov.

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.

3.2

Definitions and Clarifications

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

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

Code of Colorado Regulations

Secretary of State

State of Colorado

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“Application year” as used at C.R.S. § 8-13.3-505(1), and “benefit year” as used

at C.R.S. § 8-13.3-521(1)(b) are both defined as “application year” under C.R.S.

§ 8-13.3-503(1). The 12-month period is measured forward from the date the

claim is filed. Under this ‘‘measured forward” method, an employee would be

entitled to the leave amounts described at C.R.S. § 8-13.3-505(1) during the year

beginning on the first date a claimant files for paid family and medical leave, and

the next 12-month period would begin the first time the claimant files for paid

family and medical leave after the completion of any 12-month period. Solely for

the purpose of determining the application year, the date the claim is filed is the

benefit start date.

“Benefit start date” means the first day the covered individual is unable to work

for which benefits are approved.

“Benefit year,” for purposes of applying the definitions of “base period” at C.R.S.

§ 8-70-103(2) and “alternative base period” at C.R.S. § 8-70-103(1.5), means

“application year” as defined at Section 3.2.2 of these rules.

he date the claim is filed is the

benefit start date.

“Benefit start date” means the first day the covered individual is unable to work

for which benefits are approved.

“Benefit year,” for purposes of applying the definitions of “base period” at C.R.S.

§ 8-70-103(2) and “alternative base period” at C.R.S. § 8-70-103(1.5), means

“application year” as defined at Section 3.2.2 of these rules.

“Business Days” means Monday, Tuesday, Wednesday, Thursday, and Friday,

and excludes any Colorado state holidays, as listed in C.R.S. § 24-11-101.

“Calendar week” means any period of seven consecutive days.

“Claimant” means a person who has filed a claim for paid family and medical

leave insurance benefits, regardless of whether the person is a covered

individual pursuant to C.R.S. § 8-13.3-503(3).

“Continuous leave” means one non-recurring, uninterrupted period of leave.

“Days” means calendar days unless otherwise specified as a business day, as

defined by these rules.

10.

“Designated Representative” means a person legally authorized to make

decisions on behalf of a claimant, with regard to the FAMLI program. That legal

authorization may be through written designation from the claimant or through

legal status as a parent, guardian, conservator, or power of attorney. If the

claimant is unable to file a claim or authorize a designated representative due to

the claimant’s medical incapacitation, a claimant’s family member may serve as a

designated representative without prior authorization from the claimant. For safe

leave applications, the alleged perpetrator of domestic violence, stalking, sexual

assault, or sexual abuse may not be the claimant’s designated representative. An

entry of appearance by an attorney who is licensed and in good standing shall be

sufficient to establish the attorney’s status as a designated representative. A

claimant may revoke an individual’s designated representative status at any time.

lications, the alleged perpetrator of domestic violence, stalking, sexual

assault, or sexual abuse may not be the claimant’s designated representative. An

entry of appearance by an attorney who is licensed and in good standing shall be

sufficient to establish the attorney’s status as a designated representative. A

claimant may revoke an individual’s designated representative status at any time.

11.

“Good cause” means that a reasonably prudent individual under the same or

similar circumstances would have been prevented from complying with deadlines

established by the FAMLI Act and its implementing regulations. Good cause

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exceptions to requirements in these rules are limited to those requirements that

expressly allow for a good cause exception. In determining whether good cause

exists, all relevant factors may be considered, including but not limited to:

Whether the requestor received timely and adequate notice of the need to

act;

Administrative error by the Division or its representatives, or the failure of

the Division or its representatives to discharge its responsibilities;

Factors outside the control of the requestor which prevented a timely

action;

The requestor's physical or mental impairment, particularly if the

impairment is related to the request for paid leave;

Whether the requestor acted diligently in submitting the request once the

reason for the late request no longer existed;

The total length of time that the action was untimely;

Whether the delay affects the ability of the Division or private plan

administrator to determine the validity of the request for paid family and

medical leave insurance benefits; and

to the request for paid leave;

Whether the requestor acted diligently in submitting the request once the

reason for the late request no longer existed;

The total length of time that the action was untimely;

Whether the delay affects the ability of the Division or private plan

administrator to determine the validity of the request for paid family and

medical leave insurance benefits; and

Good faith error, provided that in determining whether good faith error

constitutes good cause, the Division or private plan administrator shall

consider any prior history of such errors, whether the request is

excessively late, and whether the requestor otherwise acted with due

diligence.

12.

“Health care provider” as defined by C.R.S. § 8-13.3-503(13) is limited to an

individual licensed, certified, or registered under Colorado law to provide medical

or emergency services or an individual with a National Provider Identifier (“NPI”)

number issued by the National Plan and Provider Enumeration Service

(“NPPES”) who is licensed, certified, or registered to provide medical or

emergency services. A health care provider may only certify the need for FAMLI

leave if such certification is within the diagnostic scope of their licensure,

certification, or registration. “Medical or emergency services” means treatment for

any physical or mental condition giving rise to a serious health condition.

13.

“In loco parentis” means a relationship in which a person puts himself or herself

in the situation of a parent by assuming and discharging the obligations of a

parent to a child. Although no legal or biological relationship is necessary,

grandparents or other relatives, such as siblings, may stand in loco parentis to a

child as long as the relative satisfies the in loco parentis requirements. Persons

who are in loco parentis include those with day-to-day responsibilities to care for

or financially support a child. In determining in loco parentis status, the Division

child. Although no legal or biological relationship is necessary,

grandparents or other relatives, such as siblings, may stand in loco parentis to a

child as long as the relative satisfies the in loco parentis requirements. Persons

who are in loco parentis include those with day-to-day responsibilities to care for

or financially support a child. In determining in loco parentis status, the Division

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will consider the age of the child; the degree to which the child is dependent on

the person; the amount of financial support, if any, provided; and the extent to

which duties commonly associated with parenthood are exercised. The fact that

a child has a biological parent in the home, or has both a mother and a father,

does not prevent an employee from standing in loco parentis to that child. The

FAMLI Act does not restrict the number of parents a child may have. The specific

facts of each situation will determine whether an individual stands in loco parentis

to a child.

14.

“Intermittent leave” means leave taken in separate blocks of time due to a single

qualifying reason.

15.

“Material fact” means any fact that could substantially impact the outcome of an

individual’s entitlement to family and medical leave insurance benefits.

16.

“Neonatal intensive care unit” means a hospital-based unit designated by the

inpatient facility as a neonatal intensive care unit and equipped to provide

continuous, specialized medical care for critically ill or medically fragile infants.

This definition excludes well-baby nurseries, pediatric intensive care units

(PICUs), and any other inpatient setting not classified explicitly by the treating

facility as a neonatal intensive care unit, except that this definition does include

other intensive care units into which the infant was transferred directly after birth

or from the unit classified as a neonatal intensive care unit if the transfer was due

to an escalation in the infant’s medical needs.

are units

(PICUs), and any other inpatient setting not classified explicitly by the treating

facility as a neonatal intensive care unit, except that this definition does include

other intensive care units into which the infant was transferred directly after birth

or from the unit classified as a neonatal intensive care unit if the transfer was due

to an escalation in the infant’s medical needs.

17.

“Neonatal care leave” means a separate and distinct leave entitlement under

C.R.S. § 8-13.3-505(1)(b) that provides up to twelve (12) additional weeks of paid

family and medical leave benefits to a covered individual who is providing care

for their infant receiving inpatient treatment in a neonatal intensive care unit. The

leave is available only for the duration that the infant remains admitted to a

neonatal intensive care unit. The leave is available for qualifying absences from

work on or after January 1, 2026, and neither the fact that an infant was receiving

inpatient treatment in a neonatal intensive care unit prior to that date, nor the fact

that a covered individual took FAMLI leave to care for that infant prior to that

date, precludes an award of neonatal care leave.

18.

“Reduced leave schedule” means a fixed and specific leave schedule that

reduces an employee's usual number of working hours per workweek, or hours

per workday. A reduced leave schedule is a fixed and specific change in the

employee's schedule for a period of time, normally from full-time to part-time.

19.

“Regular work schedule” means the number of weekly hours an individual works

at any job, plus the number of weekly hours they would have worked but for any

paid holidays and other paid leave, including paid family and medical leave. If the

number of weekly hours cannot be determined, the average number of weekly

hours worked over the four weeks prior to the benefit start date may be used.

The individual’s regular work schedule is calculated for each job individually and

at any job, plus the number of weekly hours they would have worked but for any

paid holidays and other paid leave, including paid family and medical leave. If the

number of weekly hours cannot be determined, the average number of weekly

hours worked over the four weeks prior to the benefit start date may be used.

The individual’s regular work schedule is calculated for each job individually and

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then aggregated to determine their aggregate regular work schedule for each

week. For the purpose of calculating the individual’s regular work schedule, “job”

means any arrangement where an individual is paid for their services, including

self-employment, gig work, and all employment, regardless of whether it is

covered under the FAMLI Act.

20.

“Self-employed individual” has the same meaning as in 7 CCR 1107-1.

21.

“Wage replacement benefit” means the monetary weekly benefit amount

described at C.R.S. § 8-13.3-506.

22.

“Wages” has the same meaning as “wages” as defined in 7 CCR 1107-1. Wages

are “earned” pursuant to C.R.S. § 8-13.3-503(3)(a)(I) on the date that they are

paid or payable to the employee.

23.

“Wages subject to premiums” as used in C.R.S. § 8-13.3-503(3)(a) include

wages paid to an employee by an employer with an approved private plan,

wages paid to an employee by an employer under the state plan, and wages paid

from either self-employment or local government employment to individuals after

such individuals elect coverage pursuant to C.R.S. § 8-13.3-514. Self-

employment and local government wages earned by individuals who have

elected coverage pursuant to C.R.S. § 8-13.3-14 are not considered wages

subject to premiums if they are paid outside of the individual’s elective coverage

period, and will not be used to calculate benefits if they are paid outside of the

individual’s elective coverage period.

ct coverage pursuant to C.R.S. § 8-13.3-514. Self-

employment and local government wages earned by individuals who have

elected coverage pursuant to C.R.S. § 8-13.3-14 are not considered wages

subject to premiums if they are paid outside of the individual’s elective coverage

period, and will not be used to calculate benefits if they are paid outside of the

individual’s elective coverage period.

24.

“Willful” or “willfully” as used in the FAMLI Act or its implementing regulations

means the employer or individual knew or showed reckless disregard for whether

its conduct was prohibited by the FAMLI Act or its implementing regulations.

3.3

Employer Participation Requirements

Employers, including local government employers that decline participation in the

FAMLI program, and employers who meet their obligations under the FAMLI Act

through an approved private plan, must register with the FAMLI Division via

“MyFAMLI+ Employer” by January 1, 2023, or when they become an employer,

whichever occurs later. If the Division determines that an employer has violated

this section, it may assess upon the employer a fine of up to $500.00.

Any entity that registers one or more accounts with the FAMLI Division via

“My FAMLI+ Employer” on behalf one or more employers is prohibited

from registering unnecessary accounts, including but not limited to

accounts for fake or illegitimate employers, and accounts for employers

with no employees whose work is localized to Colorado pursuant to 7

CCR 1107-1, Section 1.6. If the Division determines that an entity

registered unnecessary accounts, the Division may assess upon the entity

a fine of up to $500.00 per violation.

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for fake or illegitimate employers, and accounts for employers

with no employees whose work is localized to Colorado pursuant to 7

CCR 1107-1, Section 1.6. If the Division determines that an entity

registered unnecessary accounts, the Division may assess upon the entity

a fine of up to $500.00 per violation.

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Within seven (7) days of a request by the Division, any entity that bulk

registers multiple accounts with the FAMLI Division via “My FAMLI+

Employer” on behalf of multiple employers must submit to the FAMLI

Division a document describing the methods by which it (1) determines

that a registrant is a legitimate employer, and not a fraudulent, fake, or

illegitimate entity; and (2) determines that the employer needs to register

an account with My FAMLI+ Employer in accordance with the FAMLI Act

and its implementing regulations. If the entity does not provide the Division

with the requested verification document within seven (7) days, the

Division may assess upon the entity a fine of up to $500.00 per violation.

Employers participating in the state plan must submit accurate wage reports to

the Division on the same quarterly schedule as they must submit premiums to

the Division pursuant to 7 CCR 1107-1.

If an employer fails to timely submit reasonably accurate wage reports, the

Division may assess upon the employer a fine of up to $50.00 per

employee whose wages were not reported timely or accurately, and per

employee whose wages were unnecessarily reported.

If an employer submits an amended wage report after the due date to

submit premiums pursuant to 7 CCR 1107-1, and the amended wage

report increases premiums owed by twenty-five (25) percent or more, then

the wage report shall not be considered timely regarding those employees

whose wages were amended.

not reported timely or accurately, and per

employee whose wages were unnecessarily reported.

If an employer submits an amended wage report after the due date to

submit premiums pursuant to 7 CCR 1107-1, and the amended wage

report increases premiums owed by twenty-five (25) percent or more, then

the wage report shall not be considered timely regarding those employees

whose wages were amended.

An employer must notify the Division within 10 business days if it ceases

business operations in Colorado or otherwise ceases to employ Colorado

employees, in accordance with the provisions of 7 CCR 1107-1 regarding

localization of employees. An employer with no Colorado employees will not be

required to remit premiums, submit wage reports, or otherwise participate in the

FAMLI program. If the employer later resumes business operations or again

employs workers in Colorado, it must register with the FAMLI Division via

“MyFAMLI+ Employer.” If the Division determines that an employer has violated

this section, it may assess upon the employer a fine of up to $250.00.

The My FAMLI+ portal, the My FAMLI+ Employer portal, and the contact

information therein provided by employers, individuals electing coverage, and

claimants are the official methods by which the Division communicates with such

individuals and entities in order to deliver important benefits, premiums, and tax

information. Employers, individuals electing coverage, and claimants must

provide current accurate contact information to the Division, and must update

that contact information to reflect any changes. Individuals are encouraged to

contact the Division via telephone if they need assistance in updating information

in either the My FAMLI+ or My FAMLI+ Employer portals. If the Division incurs

any tax liability as a result of an employer’s failure to register an account with My

FAMLI+ Employer or to maintain accurate contact information within My FAMLI+

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ivision via telephone if they need assistance in updating information

in either the My FAMLI+ or My FAMLI+ Employer portals. If the Division incurs

any tax liability as a result of an employer’s failure to register an account with My

FAMLI+ Employer or to maintain accurate contact information within My FAMLI+

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Employer, the Division may assess upon the employer a fee, per benefits

payment to a covered individual, up to the amount of tax liability incurred for that

benefits payment.

The Division may allow a third-party administrator to satisfy an employer’s

registration and wage reporting obligations without the employer's prior

authorization if the Division determines that: (1) the third-party administrator is

legitimate, active, and in good standing with the industry; (2) the third-party is

acting within the authority granted to it by the employer; and (3) the third-party is

acting on behalf of an employer in good standing. In making this determination,

the Division may require the third-party administrator to submit contract

documents, Colorado Secretary of State filings, or any other necessary

documentation.

3.4

Clarifications Regarding Use of Paid Family and Medical Leave Insurance

Benefits

The use of paid family and medical leave insurance benefits is restricted to

absences caused by a qualifying condition described at C.R.S. § 8-13.3-504(2). If

the absence is caused by a reason other than a qualifying condition described at

C.R.S. § 8-13.3-504(2), paid family and medical leave insurance benefits are not

available.

If a covered individual is awarded continuous leave or any neonatal care

leave for an absence caused by a qualifying condition described at C.R.S

ences caused by a qualifying condition described at C.R.S. § 8-13.3-504(2). If

the absence is caused by a reason other than a qualifying condition described at

C.R.S. § 8-13.3-504(2), paid family and medical leave insurance benefits are not

available.

If a covered individual is awarded continuous leave or any neonatal care

leave for an absence caused by a qualifying condition described at C.R.S.

§ 8-13.3-504(2), the awarded leave is not impacted by a subsequent

separation from employment, except when the individual receives

unemployment benefits in accordance with 7 CCR 1107-4, Section 4.4, or

when the Division determines that the individual is ineligible for benefits in

accordance with the FAMLI Act and its implementing regulations, in either

which case the benefits award ends.

If a covered individual is awarded intermittent leave or reduced leave

schedule for an absence caused by a qualifying condition described at

C.R.S. § 8-13.3-504(2) other than neonatal care leave, and subsequently

becomes unemployed or changes employers, the awarded leave

terminates upon unemployment or the change in employment, and the

covered individual may apply for benefits upon reemployment. An

individual becomes unemployed within the meaning of this rule if they are

terminated, they resign, or no work is available to them due to a cessation

in operations, the end of seasonal employment, the end of a temporary

work assignment, or any other reason that causes the cessation of

available work.

For purposes of determining the amount of leave used by an employee, the fact

that a holiday may occur within a period of continuous leave has no effect; the

time is counted as FAMLI leave and the employee will receive wage replacement

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nment, or any other reason that causes the cessation of

available work.

For purposes of determining the amount of leave used by an employee, the fact

that a holiday may occur within a period of continuous leave has no effect; the

time is counted as FAMLI leave and the employee will receive wage replacement

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benefits for that time. However, if an employee is using FAMLI leave in the form

of intermittent leave or reduced leave schedule, the holiday will not count against

the employee's FAMLI entitlement–and the employee will not receive wage

replacement benefits for the holiday—unless the employee was otherwise

scheduled and expected to work during the holiday. Similarly, if for some reason

the employer's business activity or the employee’s position have temporarily

ceased and the employee is not expected to report for work for one or more

weeks, the days the employer's activities or the employee’s position have ceased

do not count against the employee's FAMLI leave entitlement and the employee

will not receive wage replacement benefits for them, unless they are on

continuous leave that began before the cessation in operations.

Paid family and medical leave insurance benefits are available to an individual

while taking paid family and medical leave from employment if the individual

meets the definition of “covered individual” under C.R.S. § 8-13.3-503(3) and has

a qualifying condition described at C.R.S. § 8-13.3-504(2).

To determine whether an individual has met the $2,500.00 threshold

described at C.R.S. § 8-13.3-503(3)(a)(I), the Division will rely on wages

reported to the Division by the employer pursuant to these rules. If a claim

for benefits is denied because the reported wages do not establish that

the individual has met the $2,500.00 threshold, the individual may request

a reconsideration pursuant to Section 3.11 of these rules.

An individual claimant can meet the $2,500.00 threshold described at

C.R.S

(a)(I), the Division will rely on wages

reported to the Division by the employer pursuant to these rules. If a claim

for benefits is denied because the reported wages do not establish that

the individual has met the $2,500.00 threshold, the individual may request

a reconsideration pursuant to Section 3.11 of these rules.

An individual claimant can meet the $2,500.00 threshold described at

C.R.S. § 8-13.3-503(3)(a)(I) by earning wages subject to premiums from

any combination of employers, and a claimant need not earn $2,500.00

from their current employer to meet the threshold

An individual meets the $2,500.00 threshold described at C.R.S. § 8-13.3-

503(3)(a)(I) if the individual has been paid that amount of wages during

either the individual’s base period, as defined at C.R.S. § 8-70-103(2), or

the individual’s alternative base period, as defined at C.R.S. § 8-70-

103(1.5).

Paid family and medical leave insurance benefits are available for absences

occurring on or after January 1, 2024 caused by a qualifying condition described

at C.R.S. § 8-13.3-504(2), regardless of the onset date of the qualifying

condition.

“Serious health condition” determinations by the Division will be in accordance

with 29 C.F.R. §§ 825.102, 825.113, 825.114, 825.115, and 825.119(a), except

where those regulations conflict with the FAMLI Act or its implementing

regulations.

“Care” for a family member includes assistance with basic medical, hygienic,

nutritional, safety, transportation needs, physical care, or psychological comfort.

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§§ 825.102, 825.113, 825.114, 825.115, and 825.119(a), except

where those regulations conflict with the FAMLI Act or its implementing

regulations.

“Care” for a family member includes assistance with basic medical, hygienic,

nutritional, safety, transportation needs, physical care, or psychological comfort.

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To determine whether an individual is a family member under C.R.S. § 8-13.3-

503(11)(e) because the individual is someone with whom the covered individual

has a significant personal bond that is or is like a family relationship, the Division

will look to the totality of the circumstances surrounding the relationship,

including, but not limited to, the following non-dispositive factors:

Shared financial responsibility, including shared leases, common

ownership of real or personal property, joint liability for bills, or beneficiary

designations;

Emergency contact designations;

The expectation of care created by the relationship and/or the prior

provision of care;

Cohabitation and the duration thereof; and

Geographical proximity.

Clarifications regarding “caring for a new child” under C.R.S. § 8-13.3-504(2)(a):

“Caring” includes bonding with and providing basic needs for a new child.

“Child” means a person who is either under the age of 18, or between the

ages of 18 and 21 and remains under the jurisdiction of a juvenile court.

Benefits under C.R.S. § 8-13.3-504(2)(a) are limited to 12 weeks per

qualifying condition, and are limited to biological parents, adoptive

parents, foster parents, step-parents, individuals standing in loco parentis

to the child, and domestic partners of any of the individuals listed in this

Section 3.4.7.C.

If a person has received benefits under C.R.S. § 8-13.3-504(2)(a) to care

for a new child placed through foster care, and the person later adopts the

child, the person is not entitled to again receive benefits under C.R.S

tive

parents, foster parents, step-parents, individuals standing in loco parentis

to the child, and domestic partners of any of the individuals listed in this

Section 3.4.7.C.

If a person has received benefits under C.R.S. § 8-13.3-504(2)(a) to care

for a new child placed through foster care, and the person later adopts the

child, the person is not entitled to again receive benefits under C.R.S. § 8-

13.3-504(2)(a) in relation to the adoption of the same child.

Clarifications regarding “safe leave” under C.R.S. § 8-13.3-503(18) and

504(2)(e):

To determine whether an individual is the victim of domestic violence, the

victim of stalking, or the victim of sexual assault or abuse, for purposes of

determining eligibility for safe leave, an individual need not prove that a

court has determined that the individual was the victim of domestic

violence, stalking, sexual assault, or sexual abuse.

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Benefits may be awarded based on the victim’s good-faith attestation that

the circumstances giving rise to the safe leave satisfy the elements of the

offense.

If an individual is granted safe leave based on their good-faith attestations,

and is later found by a court not to have been a victim of domestic

violence, stalking, sexual assault, or sexual abuse, benefits paid for the

leave will not be considered an overpayment unless a court’s findings

show that the attestations were not in good faith.

10.

Clarifications regarding “neonatal care leave” under C.R.S. § 8-13.3-505(1)(b):

Neonatal care leave is only available for parents of the infant and

individuals standing in loco parentis to the infant.

Benefits under C.R.S. § 8-13.3-505(1)(b) are limited to a maximum of

twelve (12) weeks per infant.

For the purposes of satisfying the eligibility requirements of C.R.S. § 8-

13.3-504(2) and triggering concurrency described at C.R.S

eave” under C.R.S. § 8-13.3-505(1)(b):

Neonatal care leave is only available for parents of the infant and

individuals standing in loco parentis to the infant.

Benefits under C.R.S. § 8-13.3-505(1)(b) are limited to a maximum of

twelve (12) weeks per infant.

For the purposes of satisfying the eligibility requirements of C.R.S. § 8-

13.3-504(2) and triggering concurrency described at C.R.S. § 8-13.3-

510(1), neonatal care leave constitutes leave to care for a family member

with a serious health condition.

Neonatal care leave is distinct from leave to care for a new child under

C.R.S. § 8-13.3-504(2)(a), and does not reduce or limit the claimant’s

entitlement to other types of paid leave under the FAMLI Act.

Neonatal care leave may be taken for as much or as little of an individual’s

regular work schedule as the individual chooses, and the individual’s

choice may change from day to day or from week to week. Covered

individuals must report their neonatal care leave weekly.

A covered individual taking neonatal care leave may miss a whole day of

work for any day that the infant is in the neonatal intensive care unit,

regardless of how much time the infant was in the neonatal intensive care

unit that day.

Claimants must notify the Division via My FAMLI+ when their neonatal

care leave has ended because the infant is no longer receiving care in a

neonatal intensive care unit, because the claimant has exhausted their

available neonatal care leave, because the claimant has become ineligible

for neonatal care leave, or because of any other reason communicated by

the claimant. Within fourteen (14) days of such notification, the claimant

must submit to the Division documentation from the treating facility

confirming either: (1) discharge of the infant from the neonatal intensive

care unit; or (2) continued inpatient treatment in the neonatal care unit.

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communicated by

the claimant. Within fourteen (14) days of such notification, the claimant

must submit to the Division documentation from the treating facility

confirming either: (1) discharge of the infant from the neonatal intensive

care unit; or (2) continued inpatient treatment in the neonatal care unit.

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If the claimant has not ended their neonatal care leave at the end of the

twelfth (12th) calendar week following the benefit start date, the Division

may require the claimant to submit discharge or continuing treatment

documentation within fourteen (14) days of the Division's request. If the

claimant submits documentation of continuing treatment at this time, has

not utilized twelve (12) weeks of neonatal care leave, and their neonatal

care leave continues beyond the twelfth (12th) calendar week following

the benefit start date, the claimant remains obligated to notify the Division

when their neonatal care leave has ended and to timely submit the

required discharge or continuing treatment documentation. If the claimant

has not closed the claim within six (6) months after the benefit start date,

the Division will end the claim and will require the claimant to provide

discharge or continuing treatment documentation within fourteen (14)

days.

Failure to provide timely documentation of discharge or continuing

treatment may result in a retroactive denial of the claim for neonatal care

leave, and the claimant may request a reconsideration of such a denial in

accordance with Section 3.11 of these rules. If the claimant provides

sufficient documentation of discharge or continuing treatment, the Division

will modify or reverse the retroactive denial.

11.

Pursuant to CRS 8-13.3-503(15), paid family and medical leave is leave taken

from employment. If a claimant is not employed at the outset of their leave, then

leave from employment is not possible and the claim for benefits will be denied

se rules. If the claimant provides

sufficient documentation of discharge or continuing treatment, the Division

will modify or reverse the retroactive denial.

11.

Pursuant to CRS 8-13.3-503(15), paid family and medical leave is leave taken

from employment. If a claimant is not employed at the outset of their leave, then

leave from employment is not possible and the claim for benefits will be denied.

Examples of such denials include, but are not limited to, applications for leave to

begin after the claimant has separated from their employer, applications for leave

to begin during an off-season period in which a seasonal employee is not

engaged in seasonal employment, and applications for leave to begin during

periods of time between temporary placements by a staffing agency. A claimant

must notify the Division if they become separated from employment before their

benefit start date.

12.

An additional four weeks of leave per benefit year for leave due to a serious

health condition related to pregnancy complications or childbirth complications

available under C.R.S. § 8-13.3-505(1) may not exceed four weeks per

pregnancy.

13.

Covered individuals are not eligible for benefits for any period in which they are

not localized to Colorado pursuant to 7 CCR 1107-1, Section 1.6.

14.

Paid family and medical leave includes travel time reasonably necessary to

satisfy a qualifying leave reason under C.R.S. § 8-13.3-504(2).

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per

pregnancy.

13.

Covered individuals are not eligible for benefits for any period in which they are

not localized to Colorado pursuant to 7 CCR 1107-1, Section 1.6.

14.

Paid family and medical leave includes travel time reasonably necessary to

satisfy a qualifying leave reason under C.R.S. § 8-13.3-504(2).

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3.5

Amount, Duration, and Format of Benefits

The Division will calculate a covered individual’s average weekly wage in

accordance with C.R.S. § 8-13.3-503(2) and 506(2) based on their wages subject

to premiums. Wages from a current job will be excluded from the average weekly

wage calculation only if the covered individual is not taking any paid family and

medical leave from that job as of the benefit start date.

The Division will calculate the covered individual’s weekly benefit in accordance

with C.R.S. § 8-13.3-506(1)(a). The covered individual shall receive their weekly

benefit amount multiplied by their FAMLI weekly usage for each week of leave,

subject to limitations under C.R.S. § 8-13.3-505(3) and Section 3.5.5 of these

rules.

FAMLI weekly usage shall be determined by dividing the number of hours of

family and medical leave the individual takes per week by their aggregate regular

work schedule for that week.

The hours of family and medical leave taken for any job cannot exceed the

regular work schedule for that job.

If a covered individual is unable to provide the Division with the number of

scheduled or worked hours for any job during their leave, the Division

may, at its discretion and based on previous work schedules or other

information available to it, assign a reasonably approximate regular work

schedule.

If an individual’s regular work schedule increases or decreases during

their leave, the Division shall make any adjustments to benefit awards

made necessary by that increase or decrease.

rked hours for any job during their leave, the Division

may, at its discretion and based on previous work schedules or other

information available to it, assign a reasonably approximate regular work

schedule.

If an individual’s regular work schedule increases or decreases during

their leave, the Division shall make any adjustments to benefit awards

made necessary by that increase or decrease.

If the individual’s work schedule for a job from which they are taking

continuous family and medical leave decreases to zero (e.g. termination,

resignation, suspension of position, scheduled academic break), the

Division will not make adjustments to benefit awards based on that

decrease.

Regular work schedule must be calculated as of the first date of the leave

and, if applicable, upon notification from the claimant that their regular

work schedule has changed.

To determine an individual’s average weekly wage in accordance with C.R.S. §

8-13.3-503(2), the Division will rely on earnings reported to the Division pursuant

to these rules. If the Division believes that earnings were incorrectly reported to

the Division pursuant to these rules, the Division may request from the individual

and/or the individual’s current employer or employers documentation of the

individual’s earnings during the individual’s base period or alternative base

period, and may rely on that documentation and any other information that is

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e Division pursuant to these rules, the Division may request from the individual

and/or the individual’s current employer or employers documentation of the

individual’s earnings during the individual’s base period or alternative base

period, and may rely on that documentation and any other information that is

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reasonable or reliable in order to calculate benefits in accordance with wages

that should have been reported.

Absences of less than 8 hours may be approved, but wage replacement benefits

will be paid in accordance with C.R.S. § 8-13.3-505(3). The 8-hour threshold

must be met with each claim and each recertification period.

The Division will recalculate wage replacement benefit awards for in-progress

awards of paid family and medical leave if the state average weekly wage

changes, a change in regular work schedule triggers a recalculation in

accordance with these rules, or the outcome of an appeal results in a change in

awarded benefits. If the recalculation increases or decreases the wage

replacement benefit amount, the Division will notify the covered individual and

will adjust future payments accordingly. If the covered individual’s employer has

made a valid request for benefit amounts in accordance with Section 3.8.9 of

these rules, the Division will notify the employer of any increases or decreases in

the covered individual’s wage replacement benefit amount.

The Division will award benefits for a reasonable duration in accordance with the

details in the application, the documentation submitted, and where applicable,

known standards of care. The awarded benefits must not exceed the duration

limits described at C.R.S. § 8-13.3-505(1).

The duration of leave taken for any week for the purpose of C.R.S. § 8-13.3-505

shall be equal to FAMLI weekly usage for that week. 100% FAMLI weekly usage

shall count as one week of duration used.

details in the application, the documentation submitted, and where applicable,

known standards of care. The awarded benefits must not exceed the duration

limits described at C.R.S. § 8-13.3-505(1).

The duration of leave taken for any week for the purpose of C.R.S. § 8-13.3-505

shall be equal to FAMLI weekly usage for that week. 100% FAMLI weekly usage

shall count as one week of duration used.

Approved leave may be taken in increments of one hour or less, in accordance

with C.R.S. § 8-13.3-505(3).

10.

Approved leave for any qualifying condition may be in the form of continuous

leave, intermittent leave, or reduced leave schedule, except that neonatal care

leave may be used flexibly and in accordance with the daily and weekly needs of

the covered individual, as described in Section 3.4 of these rules. Prior employer

approval is not needed to access any particular form of leave.

11.

The amount and duration of family and medical leave benefits may be impacted

by the receipt of workers’ compensation benefits or unemployment insurance

benefits, as detailed in 7 CCR 1107-4.

12.

Benefit awards for approved leave are not impacted by the end of the claimant’s

benefit year that occurs during the approved leave.

13.

Claimants, employers, and private plan administrators must provide the Division

with any information necessary for the Division to calculate benefits.

14.

A claimant is not eligible for paid family and medical leave benefits for continuous

leave from an employer during any period for which they have already been

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imants, employers, and private plan administrators must provide the Division

with any information necessary for the Division to calculate benefits.

14.

A claimant is not eligible for paid family and medical leave benefits for continuous

leave from an employer during any period for which they have already been

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awarded benefits on a separate claim for leave from that same employer.

However, a claimant may end a continuous leave claim for one qualifying reason

early and begin any type of claim for another qualifying reason, regardless of

whether they remain eligible for leave for the initial qualifying reason.

15.

Family and medical leave approved by the Division and taken by the claimant is

considered taken as part of the individual’s maximum annual allotment of leave

under C.R.S. § 8-13.3-505(1), and protected under C.R.S. § 8-13.3-509 and 7

CCR 1107-7, regardless of the benefit amount the covered individual is entitled

to pursuant to the FAMLI Act and its implementing regulations.

16.

From January 1, 2026 through December 31, 2026, the Division will withhold and

remit to the Internal Revenue Service (“IRS”) federal income tax from all benefits

at a rate of 10% upon the claimant's election. For benefits paid on or after

January 1, 2027, the Division will withhold and remit to the IRS Federal

Insurance Contributions Act (“FICA”) taxes and federal income taxes from

benefits for leave to care for a covered individual’s own serious health condition

in accordance with IRS Rev. Rul. 2025-4 (Jan. 15, 2025). The Division does not

determine an employer’s tax liability, but starting January 1, 2027, the Division

will deliver to the employer information sufficient to transfer any tax liability

incurred as a result of any benefits being considered wages under Notice 2015-6,

IRB 2015-5

e to care for a covered individual’s own serious health condition

in accordance with IRS Rev. Rul. 2025-4 (Jan. 15, 2025). The Division does not

determine an employer’s tax liability, but starting January 1, 2027, the Division

will deliver to the employer information sufficient to transfer any tax liability

incurred as a result of any benefits being considered wages under Notice 2015-6,

IRB 2015-5. Tax withholding represents the Division’s compliance with federal

law and does not constitute a determination that may be appealed pursuant to 7

CCR 1107-9. Employers and employees may raise any federal tax-related

dispute with the IRS using the appropriate channels and forms.

3.6

Applying for Benefits

To request paid family and medical leave insurance benefits, the claimant or the

claimant’s designated representative must apply to the Division for benefits.

Applications may be submitted up to thirty (30) days prior to the benefit start

date.

The claimant must provide any information necessary for the Division or private

plan administrator to calculate benefits.

The Division will notify the claimant’s employer of the application submission

within five (5) business days.

Applications may be submitted up to thirty (30) days after the leave has begun. If

the Division receives an application after thirty (30) days, but before ninety (90)

days, the Division will consider the application if it includes evidence establishing

good cause for the claimant’s failure to submit the application within thirty (30)

days.

Additional Documentation Requirements

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begun. If

the Division receives an application after thirty (30) days, but before ninety (90)

days, the Division will consider the application if it includes evidence establishing

good cause for the claimant’s failure to submit the application within thirty (30)

days.

Additional Documentation Requirements

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For leave necessary to care for a child because of birth, the claimant must

submit the following documentation with their application:

Proof of birth, which may include a birth certificate, documentation

from a health care provider who provided care during the birth or

recovery, or other vital records showing birth;

Proof of parental status or in loco parentis status, which may

include a birth certificate, documentation from a health care

provider who provided care during the birth or recovery, other vital

records showing parenthood, or a written statement establishing in

loco parentis status;

Documentation confirming the child’s discharge from, or continued

treatment in, a neonatal intensive care unit, if the claimant

previously took neonatal care leave and has not yet submitted such

documentation as required by Section 3.4 of these rules; and

Any other reasonable information or documentation necessary to

adjudicate the claim for benefits, as requested by the Division.

For leave necessary to care for a child because of adoption, the claimant

must submit the following documentation with their application:

Proof of adoption placement, which may include documentation

from a court or an adoption agency; and

Any other reasonable information or documentation necessary to

adjudicate the claim for benefits, as requested by the Division.

For leave necessary to care for a child because of placement through

foster care, the claimant must submit the following documentation with

their application:

Either:

of adoption placement, which may include documentation

from a court or an adoption agency; and

Any other reasonable information or documentation necessary to

adjudicate the claim for benefits, as requested by the Division.

For leave necessary to care for a child because of placement through

foster care, the claimant must submit the following documentation with

their application:

Either:

Proof that the claimant is either a licensed or certified foster

parent and the child has been placed in their care; or

Documentation from a child placement agency as defined in

C.R.S. § 26-6-903(6), the state department of human

services, a county department of human services, or a court

indicating a kinship or emergency placement was necessary

to provide for the immediate care and safety of a minor child,

and the person will be standing in loco parentis through a

power of attorney or other legal designation; and

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Any other reasonable information or documentation necessary to

adjudicate the claim for benefits, as requested by the Division.

For leave necessary to care for a family member with a serious health

condition, the claimant must submit the following documentation with their

application:

A “Serious Health Condition Certification - Family Member Form”

completed and signed by the family member’s health care provider;

and

Any other reasonable information or documentation necessary to

adjudicate the claim for benefits, as requested by the Division.

For leave necessary because of the claimant’s own serious health

condition, the claimant must submit the following documentation with their

application:

A “Serious Health Condition Certification - Self Form” completed

and signed by the health care provider; and

Any other reasonable information or documentation necessary to

adjudicate the claim for benefits, as requested by the Division.

For leave necessary because of the claimant’s own serious health

condition, the claimant must submit the following documentation with their

application:

A “Serious Health Condition Certification - Self Form” completed

and signed by the health care provider; and

Any other reasonable information or documentation necessary to

adjudicate the claim for benefits, as requested by the Division.

For leave due to a need for qualifying exigency leave, the claimant must

submit the following documentation with their application:

A “Military Exigency Leave Attestation Form” completed by the

claimant; and

Any other reasonable information or documentation necessary to

adjudicate the claim for benefits, as requested by the Division.

For leave due to a need for safe leave, the claimant must submit the

following documentation with their application:

A “Safe Leave Attestation Form” completed by the victim or a family

member of the victim; and

Any other reasonable information or documentation necessary to

adjudicate the claim for benefits, as requested by the Division.

For neonatal care leave, the claimant must submit the following:

Documentation confirming the infant’s admission to a neonatal

intensive care unit, issued by the treating facility;

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Documentation establishing parental status or in loco parentis

status, which may include but is not limited to: neonatal intensive

care unit admission forms listing the claimant, a birth certificate,

records from a health care provider who provided care during the

birth or recovery, other vital records verifying parenthood, or a

signed written statement attesting to in loco parentis status; and

Any other reasonable information or documentation requested bv

the Division that is necessary to adjudicate the claim.

intensive

care unit admission forms listing the claimant, a birth certificate,

records from a health care provider who provided care during the

birth or recovery, other vital records verifying parenthood, or a

signed written statement attesting to in loco parentis status; and

Any other reasonable information or documentation requested bv

the Division that is necessary to adjudicate the claim.

In addition to the above documentation required with the application

for benefits, the claimant must also submit documentation in

accordance with Section 3.4.10 of these rules.

For applications for benefits requiring certification by a health care

provider, the health care provider may not be the claimant or a

family member of the claimant.

Applications may be submitted using My FAMLI+, the FAMLI

Division’s online benefits portal. Individuals are encouraged to

contact the Division via telephone if they need assistance

submitting an application.

Requirements for an application to be considered filed:

Upon receipt of an application for benefits, the Division will

promptly review the application. If the Division needs more

information or documentation to adjudicate the claim for

benefits, it will make a reasonable effort to promptly obtain

the additional information or documentation. If the Division

needs additional information or documentation from the

claimant, it will make a reasonable effort to obtain it using

the claimant’s preferred language and method of contact.

The Division will promptly review any additional information it

receives.

An application will not be considered filed until all required

information and documentation has been received by the

Division, and the Division has been notified that the paid

family and medical leave has begun.

If an application is not properly filed within sixty (60) days

after the Division receives it, the application will be closed

and the Division will take no further action on it, absent a

finding of good cause based on evidence submitted by the

claimant

mation and documentation has been received by the

Division, and the Division has been notified that the paid

family and medical leave has begun.

If an application is not properly filed within sixty (60) days

after the Division receives it, the application will be closed

and the Division will take no further action on it, absent a

finding of good cause based on evidence submitted by the

claimant. The Division will notify the claimant prior to any

such closure in their preferred language and method of

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contact, and will describe the claimant’s opportunity to

establish good cause to keep the application open.

Once an application is properly filed, the Division will notify

the claimant and the employer of the proper filing within five

(5) business days.

The FAMLI Division may at any time determine that it needs

more information or documentation to adjudicate a claim,

thereby rendering the claim not properly filed. The two-week

(14-day) deadline described in C.R.S. § 8-13.3-505(2) and

Section 3.9.1 below, does not begin until the claimant has

responded to all Division requests for information and

documentation, and the Division has been notified that the

paid family and medical leave has begun. If the claimant has

responded to all Division requests for information and

documentation, it is presumed that the claimant has provided

all necessary information and documentation to adjudicate

the claim unless the Division requests additional information

or documentation.

3.7

Requirements Regarding Notice to Employees

Employers participating in the state plan must display the program notice

described by C.R.S

has

responded to all Division requests for information and

documentation, it is presumed that the claimant has provided

all necessary information and documentation to adjudicate

the claim unless the Division requests additional information

or documentation.

3.7

Requirements Regarding Notice to Employees

Employers participating in the state plan must display the program notice

described by C.R.S. § 8-13.3-511 in a conspicuous and accessible place in each

establishment where employees are employed; provided, however, in cases

where the 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.

In addition to displaying the program notice described by C.R.S. § 8-13.3-511,

employers participating in the state plan must individually deliver the program

notice to employees upon hiring or transfer to Colorado and, absent extenuating

circumstances, within five days after either learning of an employee experiencing

an event that triggers eligibility pursuant to C.R.S. § 8-13.3-504, or receiving from

the employee a request for protected leave under other family and medical leave

laws. The employer shall deliver the program notice to the employee in the first

language spoken by the employee if the employer is aware of the first language

spoken by the employee; otherwise, the employer shall deliver the program

notice in the first language spoken by the employee, upon the employee’s

request.

The program notice must be in English, Spanish, and in any language

representing the first language spoken by at least five percent of the employer's

workplace.

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the employee; otherwise, the employer shall deliver the program

notice in the first language spoken by the employee, upon the employee’s

request.

The program notice must be in English, Spanish, and in any language

representing the first language spoken by at least five percent of the employer's

workplace.

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The Division will make a reasonable effort to provide a program notice in any

language upon request from an employer.

If the Division determines that an employer has not posted or delivered the

program notice in accordance with the FAMLI Act and its implementing

regulations, the Division may assess upon the employer a fine of up to $500.00

per violation. Each day that an employer fails to post or deliver the program

notice constitutes a separate violation.

3.8

Requirements Regarding Notice to Employers

A claimant must schedule leave in accordance with C.R.S. § 8-13.3-505(4), and

must notify their employer or employers of the need for leave in accordance with

C.R.S. § 8-13.3-505(5). For individuals on intermittent leave, these scheduling

and notice requirements apply to each absence. Notification need not include

any specific terms or reference specific provisions of the FAMLI Act or its

implementing regulations, but must reasonably implicate qualifying leave under

the FAMLI Act to satisfy the notification requirement at C.R.S. § 8-13.3-505(5).

If the need for leave is foreseeable, a claimant must consult with the employer

and make a reasonable effort to schedule leave so as not to unduly disrupt the

employer’s operations. If the claimant does not do so, the employer may initiate

discussions with the employee and require the employee to attempt to make

such arrangements, subject, where applicable, to the approval of the health care

provider. An undue disruption requires significant difficulty or expense in relation

to the resources and specific circumstances of the employer.

duly disrupt the

employer’s operations. If the claimant does not do so, the employer may initiate

discussions with the employee and require the employee to attempt to make

such arrangements, subject, where applicable, to the approval of the health care

provider. An undue disruption requires significant difficulty or expense in relation

to the resources and specific circumstances of the employer.

If the necessity for leave is not foreseeable, or providing 30 days’ notice is not

possible, the individual shall provide the notice as soon as practicable. As soon

as practicable means as soon as both possible and practical, taking into account

all of the facts and circumstances in the individual case. When an employee

becomes aware of a need for leave less than 30 days in advance, it should be

practicable for the employee to provide notice of the need for leave either the

same day or the next business day. In all cases, however, the determination of

when an employee could practicably provide notice must take into account the

individual facts and circumstances.

A claimant’s failure to schedule leave in accordance with C.R.S. § 8-13.3-505(4)

or properly notify their employer or employers of the need for leave in

accordance with C.R.S. § 8-13.3-505(5) does not change the Division’s

obligations to pay benefits on an approved claim within two weeks after the claim

is filed under C.R.S. § 8-13.3-505(2) and these rules.

The Division shall not deny a claimant benefits for a failure to comply with C.R.S.

§ 8-13.3-505(4) or (5).

Employers may require the notice to contain the anticipated start time,

anticipated duration, and where applicable, anticipated frequency of leave.

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ed under C.R.S. § 8-13.3-505(2) and these rules.

The Division shall not deny a claimant benefits for a failure to comply with C.R.S.

§ 8-13.3-505(4) or (5).

Employers may require the notice to contain the anticipated start time,

anticipated duration, and where applicable, anticipated frequency of leave.

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Such notification must be in the same manner as the claimant and employer

typically communicate work availability, and absent unusual circumstances, must

comply with the employer’s usual and customary notice and procedural

requirements for leave, unless those requirements are contrary to rights,

benefits, or protections afforded to the claimant under the FAMLI Act and its

implementing regulations.

If an employer fails to post and deliver the program notice in accordance with

C.R.S. § 8-13.3-511 and these rules, the employer may not punish or discipline

an employee for failing to provide notice in accordance with C.R.S. § 8-13.3-

505(5).

By submitting an application for benefits, the claimant consents to the Division

sharing with the employer limited information necessary for the employer to

comply with federal or state tax laws or tax regulations, or to coordinate FAMLI

benefits with other benefits for which the claimant is eligible, including the wage

replacement amount and the reason for leave. The employer shall not request or

access information that is not absolutely necessary for such tax law compliance

or benefit coordination, and accessing or requesting information not absolutely

necessary for such purposes may constitute discrimination, retaliation, and/or

interference in violation of C.R.S. § 8-13.3-509. The employer must store and

maintain the confidentiality of such information in accordance with all applicable

federal, state, and local laws and regulations, and failure to do so may constitute

discrimination, retaliation, and/or interference in violation of C.R.S. § 8-13.3-509.

r such purposes may constitute discrimination, retaliation, and/or

interference in violation of C.R.S. § 8-13.3-509. The employer must store and

maintain the confidentiality of such information in accordance with all applicable

federal, state, and local laws and regulations, and failure to do so may constitute

discrimination, retaliation, and/or interference in violation of C.R.S. § 8-13.3-509.

10.

Records and documents relating to medical certifications, recertifications, or

medical histories of employees or employees' family members created for

purposes of the FAMLI must be maintained as confidential medical records in

separate files/records from the usual personnel files. If the Division determines

that an employer has not maintained such records confidentially and separately

from usual personnel files, the Division may assess upon the employer a fine of

up to $500.00 per violation. If the Genetic Information Nondiscrimination Act of

2008 (GINA) is applicable, records and documents created for purposes of

FAMLI containing family medical history or genetic information as defined in

GINA shall be maintained in accordance with the confidentiality requirements of

Title II of GINA (see 29 CFR 1635.9). If the Americans with Disabilities Act (ADA)

is also applicable, such records should be maintained in conformance with ADA

confidentiality requirements, except that:

Supervisors and managers may be informed regarding necessary

restrictions on the work or duties of an employee and necessary

accommodations;

First aid and safety personnel may be informed if the employee's physical

or medical condition might require emergency treatment; and

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ty requirements, except that:

Supervisors and managers may be informed regarding necessary

restrictions on the work or duties of an employee and necessary

accommodations;

First aid and safety personnel may be informed if the employee's physical

or medical condition might require emergency treatment; and

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Division and/or other government officials investigating compliance with

the FAMLI Act should be provided relevant information upon request.

11.

Consistent with the timeframes set forth in C.R.S. § 8-13.3-505(5), a claimant

must notify the employer from which they are taking leave whether they will take

continuous leave, intermittent leave, and/or a reduced leave schedule.

Notification need not use the terms continuous leave, intermittent leave, or

reduced leave schedule, but must reasonably implicate the type of leave they are

taking. Consistent with the timeframes set forth in C.R.S. § 8-13.3-505(5), a

claimant must also give the employer reasonable details about their work and

leave schedule.

12.

A claimant must take reasonable steps to notify the employer in advance of any

change in their planned work and leave schedule, which include following

employer policies to request or change leave, unless those policies are contrary

to rights, benefits, or protections afforded to the claimant under the FAMLI Act

and its implementing regulations.

3.9

Division Review of Applications

After an application is properly filed, the Division will adjudicate the claim within

two weeks after filing.

The Division will contemporaneously notify the claimant and the employer of the

outcome of the adjudication, and will provide information on how the claimant can

appeal the outcome.

If the outcome is a denial of benefits, the Division will send separate

notices to the claimant and to the claimant’s employer or employers

d, the Division will adjudicate the claim within

two weeks after filing.

The Division will contemporaneously notify the claimant and the employer of the

outcome of the adjudication, and will provide information on how the claimant can

appeal the outcome.

If the outcome is a denial of benefits, the Division will send separate

notices to the claimant and to the claimant’s employer or employers. The

notice to the claimant will explain the reason for the benefits denial and

will identify information or documentation necessary to perfect their claim

for benefits. The notice to the claimant’s employer or employers will state

that the claim for benefits has been denied, include the date of the denial,

and include a description of the claimant’s appeal rights.

If the outcome of the adjudication is to award benefits, the Division will

send separate notices to the claimant and to the claimant’s employer or

employers. Both notices will include the leave start date, the leave

duration, any denied segments of requested leave, the claimant’s regular

work schedule upon which benefits were based, and where applicable, a

description of any approved reduced leave schedule or intermittent leave.

The notice to the claimant will also include the benefit amount. Upon the

employer’s valid request, the Division will share with the employer the

benefit amount and reason for leave, in accordance with Section 3.8.9 of

these rules.

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e, a

description of any approved reduced leave schedule or intermittent leave.

The notice to the claimant will also include the benefit amount. Upon the

employer’s valid request, the Division will share with the employer the

benefit amount and reason for leave, in accordance with Section 3.8.9 of

these rules.

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If the Division awards benefits, it will issue payment for the benefits within two

weeks after the application is filed, and where applicable, at least every two

weeks thereafter.

For applications approved in advance of the needed leave, the claimant must

notify the Division once the leave begins.

A claimant may appeal an adverse claim determination pursuant to 7 CCR 1107-

An award of benefits does not preclude future investigation or oversight by the

Division.

It is the individual’s burden to prove by preponderance of the evidence that they

are eligible for paid family and medical leave benefits.

3.10 Covered Individual Obligations During Leave

A covered individual or their designated representative must notify the FAMLI

Division within ten (10) days after the occurrence of any event, or the

foreseeability of any event, that could change the amount or duration of approved

leave, including but not limited to the following:

A change in the covered individual’s need to care for a new child,

including death of the child, placement of the child in another home, or a

caregiving arrangement whereby someone other than the covered

individual provides care;

A change in the covered individual’s own serious health condition or need

to care for a family member with a serious health condition, including

death of the family member or any increase or decrease in the care the

covered individual must provide;

A change in the covered individual’s need for exigency leave;

A change in the covered individual’s need for safe leave;

idual provides care;

A change in the covered individual’s own serious health condition or need

to care for a family member with a serious health condition, including

death of the family member or any increase or decrease in the care the

covered individual must provide;

A change in the covered individual’s need for exigency leave;

A change in the covered individual’s need for safe leave;

Any event resulting in the covered individual no longer being localized to

Colorado, pursuant to 7 CCR 1107-1 and its provisions regarding in-state

status of employees;

An addition or loss of one or more jobs;

A change in the covered individual’s regular work schedule;

Any change in employment, including unemployment, retirement, or any

gained or lost source of employment or self-employment; or

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Any filing or termination of a claim for family and medical leave

insurance benefits with a private plan during a period of paid family

and medical leave under the state plan.

If a covered individual notifies the Division of an event that would

increase the amount, duration, or frequency of benefits, the Division

may require the covered individual to submit additional

documentation in support of their claim.

If information reported to the Division results in an increase or

decrease in the duration or frequency of leave awarded to a

covered individual, the Division will promptly and

contemporaneously notify the employer and the covered individual

of the change.

If a covered individual receives a reduced leave schedule or

intermittent leave, the covered individual must submit

documentation sufficient to recertify their need for leave every six

months, or as requested by the Division for claim management

purposes

warded to a

covered individual, the Division will promptly and

contemporaneously notify the employer and the covered individual

of the change.

If a covered individual receives a reduced leave schedule or

intermittent leave, the covered individual must submit

documentation sufficient to recertify their need for leave every six

months, or as requested by the Division for claim management

purposes. Upon recertification, the Division will notify the covered

individual and the employer or employers from which the covered

individual is taking leave, and will include in that notification any

changes in the duration or frequency of the approved leave. If an

individual fails to recertify, the approval for the leave will expire and

the Division will notify the employer or employers from which the

covered individual was taking leave.

A covered individual receiving reduced leave schedule or

intermittent leave must notify the Division of their regular work

schedule and individual absences on a weekly basis in order to

receive wage replacement benefits for the absences. If the

individual does not report their regular work schedule by the

deadline established by the Division, the Division will accept this as

communication from the individual that their regular work schedule

has not changed from the most recently reported regular work

schedule. If the individual does not report absences for a week by

the deadline established by the Division, the Division will accept

this as communication from the individual that no approved

absences occurred in that week. The Division may deny a

claimant’s request to modify a past notification of their regular work

schedule or individual absences unless the claimant provides both

good cause for their failure to provide timely notifications, and

evidence supporting the modification.

A covered individual receiving continuous leave must notify the

Division of any hours worked in any employment for which they are

k. The Division may deny a

claimant’s request to modify a past notification of their regular work

schedule or individual absences unless the claimant provides both

good cause for their failure to provide timely notifications, and

evidence supporting the modification.

A covered individual receiving continuous leave must notify the

Division of any hours worked in any employment for which they are

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taking continuous leave within seven (7) days of performing that

work.

3.11 Benefits Reconsiderations

A claimant or an employer from which a claimant is taking leave may request a

reconsideration of a decision to award or deny paid family and medical leave

benefits if they have a good-faith belief, supported by evidence, that the Division

has granted and/or paid family and medical leave insurance benefits to a

claimant in an amount, duration, or frequency not authorized by the FAMLI Act

and its implementing regulations.

Requests for reconsiderations must be submitted within 49 days of the date of

the original determination. The deadline to request a reconsideration may be

extended by up to a maximum of forty-nine (49) days for good cause. If a

deadline falls on a weekend or State holiday, the deadline shall become the next

business day.

The claimant and all employers from which the claimant has applied to take paid

family and medical leave will be notified of the request for reconsideration. Any

party may submit additional documents, statements, or other evidence in support

of their request.

Upon receiving a request for a reconsideration, the Division may request any

reasonably necessary evidence.

After receiving the request for reconsideration and gathering any reasonably

necessary evidence, the Division will issue a reconsideration of the claimant’s

eligibility for paid family and medical leave benefits as soon as is practicable

, or other evidence in support

of their request.

Upon receiving a request for a reconsideration, the Division may request any

reasonably necessary evidence.

After receiving the request for reconsideration and gathering any reasonably

necessary evidence, the Division will issue a reconsideration of the claimant’s

eligibility for paid family and medical leave benefits as soon as is practicable. The

reconsideration will be sent to both the claimant and all employers from which the

claimant has applied to take paid family and medical leave.

A request for a reconsideration of an initial benefits determination must be made

before the Division will accept an appeal of such a determination pursuant to 7

CCR 1107-9.

No party may request a reconsideration of any determination made by the

Division other than an initial benefits determination, unless otherwise provided by

the FAMLI Act and its implementing regulations. All other determinations may

only be challenged by filing an appeal pursuant to 7 CCR 1107-9.

Frivolous, unsubstantiated, or bad-faith requests for a reconsideration from an

employer may constitute discrimination, interference, or retaliation in violation of

C.R.S. § 8-13.3-509.

The Division may issue a reconsideration of an initial benefits determination on

its own volition regardless of whether a reconsideration has been requested.

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aith requests for a reconsideration from an

employer may constitute discrimination, interference, or retaliation in violation of

C.R.S. § 8-13.3-509.

The Division may issue a reconsideration of an initial benefits determination on

its own volition regardless of whether a reconsideration has been requested.

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10.

To initiate the Division’s review of a private plan’s initial benefits determination, a

claimant must file an appeal pursuant to 7 CCR 1107-9.

3.12 Fitness for Duty

Nothing in the FAMLI Act or its implementing regulations prohibits an employer from

requiring a covered individual to provide certification of his or her fitness for duty prior to

returning to work from a FAMLI-approved absence, so long as such a requirement does

not constitute discrimination, retaliation, or interference in violation of C.R.S. § 8-13.3-

509.

3.13 Disqualification from Benefits

If the Division determines that a covered individual has willfully made a false

statement or misrepresentation regarding a material fact in order to obtain family

and medical leave insurance benefits, or has willfully failed to report a material

fact in order to obtain family and medical leave insurance benefits, the covered

individual will be disqualified from family and medical leave insurance benefits for

one year after the effective date of the disqualification.

The Division will notify the claimant of any disqualification of benefits by issuing a

determination to the claimant, and the claimant may appeal the disqualification in

accordance with 7 CCR 1107-9.

If the claimant does not appeal the disqualification, the effective date of the

disqualification shall be the earlier of:

The day after the appeal deadline; or

The day the Division receives notification from the claimant of the

claimant’s decision not to contest the disqualification.

ation to the claimant, and the claimant may appeal the disqualification in

accordance with 7 CCR 1107-9.

If the claimant does not appeal the disqualification, the effective date of the

disqualification shall be the earlier of:

The day after the appeal deadline; or

The day the Division receives notification from the claimant of the

claimant’s decision not to contest the disqualification.

If the claimant does not appeal the disqualification, or if the Division upholds the

claimant’s disqualification upon appeal, the Division will notify the claimant’s

employer or employers of the disqualification.

If the Division or a court upholds the claimant’s disqualification upon appeal, the

effective date of the disqualification shall become the date of the decision or

order upholding the initial disqualification

If a claimant is disqualified from family and medical leave insurance benefits, the

claimant’s employer or employers remain obligated to remit premiums for the

claimant in accordance with the FAMLI Act, and remain entitled to require

premium contributions from the employee in accordance with the FAMLI Act.

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3.14 Benefit Underpayments

If the Division identifies a benefit underpayment, it will make a reasonable effort to

obtain accurate contact information from the underpaid individual, and will issue the

underpaid amount to the individual as soon as practicable. If the Division cannot obtain

accurate contact information from the underpaid individual, the Division will remit the

underpaid amount to the Colorado Department of Treasury in accordance with the

Colorado Revised Uniform Unclaimed Property Act, C.R.S. § 38-13-101 et seq.

3.15 Language Accessibility

The Division will make reasonable efforts to make forms and communications under

these rules available in an individual’s primary language, subject to the Division’s sole

discretion based on available resources.

t the

underpaid amount to the Colorado Department of Treasury in accordance with the

Colorado Revised Uniform Unclaimed Property Act, C.R.S. § 38-13-101 et seq.

3.15 Language Accessibility

The Division will make reasonable efforts to make forms and communications under

these rules available in an individual’s primary language, subject to the Division’s sole

discretion based on available resources.

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Editor’s Notes

History

New rule eff. 10/15/2022.

Entire rule eff. 01/01/2024.

Entire rule eff. 01/01/2025.

Rules 3.1 3, 3.6 6.A.2, 3.7 2 eff. 07/01/2025.

Entire rule eff. 01/01/2026.

Rule 3.5 16 emer. rule eff. 01/01/2026.

Rules 3.1 3, 3.5 16 eff. 04/30/2026.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.