# 7 CCR 1107-3: REGULATIONS CONCERNING BENEFITS AND EMPLOYER PARTICIPATION REQUIREMENTS

> Colorado · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_3

## Section

- **Citation:** 7 CCR 1107-3
- **Heading:** REGULATIONS CONCERNING BENEFITS AND EMPLOYER PARTICIPATION REQUIREMENTS
- **Jurisdiction:** Colorado
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Colorado Regulations / 1100 Department of Labor and Employment / 1107 Division of Family and Medical Leave Insurance / 7 CCR 1107-3

## Text

1
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
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 “Act”).
2.
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.
3.
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.
4
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.
4.
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
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.
Code of Colorado Regulations
Secretary of State
State of Colorado

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2.
“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.
3.
“Benefit start date” means the first day the covered individual is unable to work
for which benefits are approved.
4.
“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.
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he date the claim is filed is the
benefit start date.
3.
“Benefit start date” means the first day the covered individual is unable to work
for which benefits are approved.
4.
“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.
5.
“Business Days” means Monday, Tuesday, Wednesday, Thursday, and Friday,
and excludes any Colorado state holidays, as listed in C.R.S. § 24-11-101.
6.
“Calendar week” means any period of seven consecutive days.
7.
“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).
8.
“Continuous leave” means one non-recurring, uninterrupted period of leave.
9.
“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.
11
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:
A.
Whether the requestor received timely and adequate notice of the need to
act;
B.
Administrative error by the Division or its representatives, or the failure of
the Division or its representatives to discharge its responsibilities;
C.
Factors outside the control of the requestor which prevented a timely
action;
D.
The requestor's physical or mental impairment, particularly if the
impairment is related to the request for paid leave;
E.
Whether the requestor acted diligently in submitting the request once the
reason for the late request no longer existed;
F.
The total length of time that the action was untimely;
G.
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
H
to the request for paid leave;
E.
Whether the requestor acted diligently in submitting the request once the
reason for the late request no longer existed;
F.
The total length of time that the action was untimely;
G.
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
H.
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.
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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
ks
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.
24
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
1.
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.
A.
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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B.
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.
2.
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.
A.
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.
B.
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.
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not reported timely or accurately, and per
employee whose wages were unnecessarily reported.
B.
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.
3.
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.
4.
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.
5.
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
1.
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.
A.
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.
A.
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.
B.
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.
2.
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.
2.
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.
3.
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).
A.
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.
B.
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.
B.
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
C.
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).
4.
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.
5.
“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.
6.
“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.
6.
“Care” for a family member includes assistance with basic medical, hygienic,
nutritional, safety, transportation needs, physical care, or psychological comfort.

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7.
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:
A.
Shared financial responsibility, including shared leases, common
ownership of real or personal property, joint liability for bills, or beneficiary
designations;
B.
Emergency contact designations;
C.
The expectation of care created by the relationship and/or the prior
provision of care;
D.
Cohabitation and the duration thereof; and
E.
Geographical proximity.
8.
Clarifications regarding “caring for a new child” under C.R.S. § 8-13.3-504(2)(a):
A.
“Caring” includes bonding with and providing basic needs for a new child.
B.
“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.
C.
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.
D.
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.
D.
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.
9.
Clarifications regarding “safe leave” under C.R.S. § 8-13.3-503(18) and
504(2)(e):
A.
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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B.
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.
C.
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):
A.
Neonatal care leave is only available for parents of the infant and
individuals standing in loco parentis to the infant.
B.
Benefits under C.R.S. § 8-13.3-505(1)(b) are limited to a maximum of
twelve (12) weeks per infant.
C.
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):
A.
Neonatal care leave is only available for parents of the infant and
individuals standing in loco parentis to the infant.
B.
Benefits under C.R.S. § 8-13.3-505(1)(b) are limited to a maximum of
twelve (12) weeks per infant.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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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H.
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.
I.
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
1.
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.
2.
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.
3.
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.
A.
The hours of family and medical leave taken for any job cannot exceed the
regular work schedule for that job.
B.
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.
C.
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.
D
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.
C.
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.
D.
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.
E.
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.
4.
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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13
reasonable or reliable in order to calculate benefits in accordance with wages
that should have been reported.
5.
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.
6.
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.
7.
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).
8.
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.
9
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).
8.
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.
9.
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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14
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
1.
To request paid family and medical leave insurance benefits, the claimant or the
claimant’s designated representative must apply to the Division for benefits.
2.
Applications may be submitted up to thirty (30) days prior to the benefit start
date.
3.
The claimant must provide any information necessary for the Division or private
plan administrator to calculate benefits.
4.
The Division will notify the claimant’s employer of the application submission
within five (5) business days.
5.
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.
6.
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.
6.
Additional Documentation Requirements

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15
A.
For leave necessary to care for a child because of birth, the claimant must
submit the following documentation with their application:
1.
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;
2.
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;
3.
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
4.
Any other reasonable information or documentation necessary to
adjudicate the claim for benefits, as requested by the Division.
B.
For leave necessary to care for a child because of adoption, the claimant
must submit the following documentation with their application:
1.
Proof of adoption placement, which may include documentation
from a court or an adoption agency; and
2.
Any other reasonable information or documentation necessary to
adjudicate the claim for benefits, as requested by the Division.
C.
For leave necessary to care for a child because of placement through
foster care, the claimant must submit the following documentation with
their application:
1.
Either:
a
of adoption placement, which may include documentation
from a court or an adoption agency; and
2.
Any other reasonable information or documentation necessary to
adjudicate the claim for benefits, as requested by the Division.
C.
For leave necessary to care for a child because of placement through
foster care, the claimant must submit the following documentation with
their application:
1.
Either:
a.
Proof that the claimant is either a licensed or certified foster
parent and the child has been placed in their care; or
b.
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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16
2.
Any other reasonable information or documentation necessary to
adjudicate the claim for benefits, as requested by the Division.
D.
For leave necessary to care for a family member with a serious health
condition, the claimant must submit the following documentation with their
application:
1.
A “Serious Health Condition Certification - Family Member Form”
completed and signed by the family member’s health care provider;
and
2.
Any other reasonable information or documentation necessary to
adjudicate the claim for benefits, as requested by the Division.
E.
For leave necessary because of the claimant’s own serious health
condition, the claimant must submit the following documentation with their
application:
1.
A “Serious Health Condition Certification - Self Form” completed
and signed by the health care provider; and
2.
Any other reasonable information or documentation necessary to
adjudicate the claim for benefits, as requested by the Division.
F
E.
For leave necessary because of the claimant’s own serious health
condition, the claimant must submit the following documentation with their
application:
1.
A “Serious Health Condition Certification - Self Form” completed
and signed by the health care provider; and
2.
Any other reasonable information or documentation necessary to
adjudicate the claim for benefits, as requested by the Division.
F.
For leave due to a need for qualifying exigency leave, the claimant must
submit the following documentation with their application:
1.
A “Military Exigency Leave Attestation Form” completed by the
claimant; and
2.
Any other reasonable information or documentation necessary to
adjudicate the claim for benefits, as requested by the Division.
G.
For leave due to a need for safe leave, the claimant must submit the
following documentation with their application:
1.
A “Safe Leave Attestation Form” completed by the victim or a family
member of the victim; and
2.
Any other reasonable information or documentation necessary to
adjudicate the claim for benefits, as requested by the Division.
H.
For neonatal care leave, the claimant must submit the following:
1.
Documentation confirming the infant’s admission to a neonatal
intensive care unit, issued by the treating facility;

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17
2.
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
3.
Any other reasonable information or documentation requested bv
the Division that is necessary to adjudicate the claim.
4
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
3.
Any other reasonable information or documentation requested bv
the Division that is necessary to adjudicate the claim.
4.
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.
7.
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.
8.
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.
9.
Requirements for an application to be considered filed:
A.
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.
B.
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.
C.
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.
C.
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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18
contact, and will describe the claimant’s opportunity to
establish good cause to keep the application open.
D.
Once an application is properly filed, the Division will notify
the claimant and the employer of the proper filing within five
(5) business days.
E.
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
1.
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
1.
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.
2.
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.
3.
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.
3.
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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4.
The Division will make a reasonable effort to provide a program notice in any
language upon request from an employer.
5.
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
1.
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).
2.
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.
3
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.
3.
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.
4.
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.
5.
The Division shall not deny a claimant benefits for a failure to comply with C.R.S.
§ 8-13.3-505(4) or (5).
6.
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.
5.
The Division shall not deny a claimant benefits for a failure to comply with C.R.S.
§ 8-13.3-505(4) or (5).
6.
Employers may require the notice to contain the anticipated start time,
anticipated duration, and where applicable, anticipated frequency of leave.

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20
7.
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.
8.
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).
9.
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.
10
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:
A.
Supervisors and managers may be informed regarding necessary
restrictions on the work or duties of an employee and necessary
accommodations;
B.
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 of Family and Medical Leave Insurance
ty requirements, except that:
A.
Supervisors and managers may be informed regarding necessary
restrictions on the work or duties of an employee and necessary
accommodations;
B.
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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7 CCR 1107-3
Division of Family and Medical Leave Insurance

21
C.
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
1.
After an application is properly filed, the Division will adjudicate the claim within
two weeks after filing.
2.
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.
A.
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.
2.
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.
A.
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.
B.
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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Division of Family and Medical Leave Insurance
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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Division of Family and Medical Leave Insurance

22
3.
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.
4.
For applications approved in advance of the needed leave, the claimant must
notify the Division once the leave begins.
5.
A claimant may appeal an adverse claim determination pursuant to 7 CCR 1107-
9.
6.
An award of benefits does not preclude future investigation or oversight by the
Division.
7.
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
1.
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.
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;
B.
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;
C.
A change in the covered individual’s need for exigency leave;
D.
A change in the covered individual’s need for safe leave;
E
idual provides care;
B.
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;
C.
A change in the covered individual’s need for exigency leave;
D.
A change in the covered individual’s need for safe leave;
E.
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;
F.
An addition or loss of one or more jobs;
G.
A change in the covered individual’s regular work schedule;
H.
Any change in employment, including unemployment, retirement, or any
gained or lost source of employment or self-employment; or

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7 CCR 1107-3
Division of Family and Medical Leave Insurance

23
I.
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.
2.
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.
3.
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.
4.
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.
4.
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.
5.
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.
6.
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.
6.
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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7 CCR 1107-3
Division of Family and Medical Leave Insurance

24
taking continuous leave within seven (7) days of performing that
work.
3.11 Benefits Reconsiderations
1.
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.
2.
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.
3.
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.
4.
Upon receiving a request for a reconsideration, the Division may request any
reasonably necessary evidence.
5.
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.
4.
Upon receiving a request for a reconsideration, the Division may request any
reasonably necessary evidence.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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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7 CCR 1107-3
Division of Family and Medical Leave Insurance
aith requests for a reconsideration from an
employer may constitute discrimination, interference, or retaliation in violation of
C.R.S. § 8-13.3-509.
9.
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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7 CCR 1107-3
Division of Family and Medical Leave Insurance

25
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
1.
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.
2.
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.
3.
If the claimant does not appeal the disqualification, the effective date of the
disqualification shall be the earlier of:
A.
The day after the appeal deadline; or
B.
The day the Division receives notification from the claimant of the
claimant’s decision not to contest the disqualification.
4
ation to the claimant, and the claimant may appeal the disqualification in
accordance with 7 CCR 1107-9.
3.
If the claimant does not appeal the disqualification, the effective date of the
disqualification shall be the earlier of:
A.
The day after the appeal deadline; or
B.
The day the Division receives notification from the claimant of the
claimant’s decision not to contest the disqualification.
4.
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.
5.
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
6.
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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7 CCR 1107-3
Division of Family and Medical Leave Insurance

26
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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Division of Family and Medical Leave Insurance

27
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.

## Nearby sections

- [7 CCR 1107-1 REGULATIONS CONCERNING PREMIUMS AND INDIVIDUALS ELECTING COVERAGE](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_1.md)
- [7 CCR 1107-2 REGULATIONS CONCERNING LOCAL GOVERNMENT PARTICIPATION WITH THE PAID FAMILY MEDICAL LEAVE PROGRAM](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_2.md)
- [7 CCR 1107-3 REGULATIONS CONCERNING BENEFITS AND EMPLOYER PARTICIPATION REQUIREMENTS](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_3.md)
- [7 CCR 1107-4 REGULATIONS CONCERNING COORDINATION OF BENEFITS AND REIMBURSEMENT OF ADVANCE PAYMENTS](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_4.md)
- [7 CCR 1107-5 REGULATIONS CONCERNING PRIVATE PLANS](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_5.md)
- [7 CCR 1107-6 REGULATIONS CONCERNING PROGRAM INTEGRITY](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_6.md)
- [7 CCR 1107-7 RULES CONCERNING EMPLOYEE JOB PROTECTION, ANTI-RETALIATION AND ANTI-INTERFERENCE](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_7.md)
- [7 CCR 1107-8 REGULATIONS CONCERNING INVESTIGATIONS](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_8.md)
- [7 CCR 1107-9 REGULATIONS CONCERNING APPEALS](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_7_CCR_1107_3. Check the current official text before relying on it. Not legal advice.