Current through Register Vol. 47, No. 17, September 10, 2024
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 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 subsequent unemployment, except when the
individual receives unemployment benefits in accordance with 7 CCR 1107-4,
Section 4.4.
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), 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, 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 the week taken as FAMLI leave has no effect; the week is
counted as a week of FAMLI leave and the employee will receive wage replacement
benefits for the entire week. However, if an employee is using FAMLI leave in
increments of less than one week, 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 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 appeal the Division's denial and submit evidence that they have
met the threshold.
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 the Family and Medical Leave Act's
provisions regarding "serious health conditions" at 29 C.F.R. 825 et seq.,
except where those regulations conflict with the FAMLI Act or its implementing
regulations.
6. 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.
7.
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.
§
8-13.3-504(2)(a)
in relation to the adoption of the same child.
8. 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.
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.
