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 1107-3.5 - Amount, Duration, and Format of Benefits

Universal Citation: 7 CO Code Regs 1107-3 ยง 5

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

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.

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 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. 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 cannot sufficiently calculate an individual's average weekly wage based on earnings 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 reasonable or reliable.

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 7 CCR 1107-3, Section 3.8.9, 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. 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. Prior employer approval is not needed to access continuous leave, reduced leave, or intermittent leave schedules.

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.

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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