Code of Colorado Regulations
1100 - Department of Labor and Employment
1107 - Division of Family and Medical Leave Insurance
7 CCR 1107-4 - REGULATIONS CONCERNING COORDINATION OF BENEFITS AND REIMBURSEMENT OF ADVANCE PAYMENTS
Section 7 CCR 1107-4.3 - FAMLI Benefits and Workers' Compensation Benefits

Universal Citation: 7 CO Code Regs 1107-4 ยง 3

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

1. Benefits under the FAMLI Act and its implementing regulations are separate benefits claims from benefits under the Workers' Compensation Act of Colorado, C.R.S. § 8-40-101 et seq. or its implementing regulations (the "Workers' Compensation Act"). Regardless of an individual's status as a covered individual, if an absence from work is caused by circumstances that would entitle an individual to temporary total or partial indemnity benefits under the Workers' Compensation Act, the individual is not entitled to family and medical leave insurance benefits for that absence.

2. An individual applying for family and medical leave insurance benefits must disclose whether their serious health condition was caused by or otherwise related to a workplace injury or illness.

3. Health care providers, in completing a "Serious Health Condition Certification - Self Form," must disclose any information or belief that the individual's serious health condition was caused by or otherwise related to a workplace injury.

4. If either the individual applying for family and medical leave insurance benefits or the health care provider completing the "Serious Health Condition Certification - Self Form" indicates that the individual's serious health condition was caused by or otherwise related to a workplace injury, then:

A. The application for benefits will not be considered filed in accordance with 7 CCR 1107-3;

B. The application will be closed; and

C. The application will be reopened for good cause if the individual applies for and is denied benefits via a final order under the Workers' Compensation Act with regard to the same serious health condition.

5. An individual must notify the FAMLI Division if they receive any benefits under the Workers' Compensation Act during a period of family and medical leave and may be required to complete a release for records relating to the workers' compensation injury.

6. If an individual is paid any temporary total or partial indemnity benefits under the Workers' Compensation Act during a period of family and medical leave, then any wage replacement benefits paid to the individual in association with the same job and the same time missed as the temporary indemnity benefits under the Workers' Compensation Act will be considered an overpayment of family and medical leave insurance benefits.

7. An individual's failure to disclose either a workplace injury related to an application for family and medical leave insurance benefits, or the receipt of benefits under the Workers' Compensation Act related to an injury that is related to the receipt of family and medical leave insurance benefits, may constitute grounds for disqualification of benefits pursuant to C.R.S. § 8-13.3-513.

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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