Code of Colorado Regulations
1100 - Department of Labor and Employment
1107 - Division of Family and Medical Leave Insurance
7 CCR 1107-3 - REGULATIONS CONCERNING BENEFITS AND EMPLOYER PARTICIPATION REQUIREMENTS
Section 7 CCR 1107-3.2 - Definitions and Clarifications

Universal Citation: 7 CO Code Regs 1107-3 ยง 2

Current through Register Vol. 47, No. 17, September 10, 2024

1. Unless otherwise indicated, terms used here that are defined in the FAMLI Act have the same definition as they do under the FAMLI Act.

2. "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 7 CCR 1107-3, Section 3.2.2.

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 or entity 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.

11. "Good cause" shall exist if the Division determines 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. In determining whether good cause exists, the Division shall consider all factors that it deems relevant, 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 for 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 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 employee 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. "Reduced leave schedule" means a leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday. A reduced leave schedule is a change in the employee's schedule for a period of time, normally from full-time to part-time.

16. "Regular work schedule" means the average number of weekly hours an individual would typically work at the job or jobs from which they are taking paid family and medical leave if not for their leave, plus the average number of hours they typically work at the job or jobs they maintain during family and medical leave. If the average number of weekly hours an individual would or does typically work cannot be determined, the average number of weekly hours worked over the previous four weeks may be used. The individual's regular work schedule is calculated for each job individually and then aggregated to determine their aggregate regular work schedule. For purposes of calculating a regular work schedule, hours missed due to holidays or other types of paid leave must be included. 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.

17. "Self-employed individual" has the same meaning as in 7 CCR 1107-1.

18. "Wage replacement benefit" means the monetary weekly benefit amount described at C.R.S. § 8-13.3-506.

19. "Wages" has the same meaning as "wages" as defined in 7 CCR 1107-1.

20. "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 earned from either self-employment or local government employment by individuals who have elected coverage pursuant to C.R.S. § 8-13.3-514.

21. "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.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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