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 1107-4.5 - FAMLI Benefits and Employer-provided Paid Leave

Universal Citation: 7 CO Code Regs 1107-4 ยง 5

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

1. The FAMLI Act and its implementing regulations do not entitle an employee to receive both wage replacement benefits under the FAMLI Act and employer-provided paid leave for the same hours absent, except that pursuant to C.R.S. § 8-13.3-510(1)(c), an employer and an employee may mutually agree that the employee may use any accrued employer-provided leave as a supplement to family and medical leave insurance benefits in an amount not to exceed the difference between the individual's wage replacement benefits under the FAMLI Act and the individual's average weekly wage.

A. If employer-provided paid leave is used to supplement FAMLI wage replacement benefits, the employer may:
(1) convert the dollar amount of the supplement into the corresponding number of employer-provided paid leave hours; and

(2) subtract those hours from the employee's balance of accrued and unused employer-provided leave.

B. The use of employer-provided paid leave to supplement FAMLI wage replacement benefits requires mutual agreement between the employer and the employee. If either the employer or the employee does not so mutually agree, employer-provided paid leave may not be used to supplement FAMLI wage replacement benefits. Any such agreement must be in writing and must be retained by the employer.

C. Mutual agreement between the employer and the employee is not necessary in order for an employee to use paid sick leave prior to receiving family and medical leave insurance benefits.

2. If an individual receives both wage replacement benefits under the FAMLI Act and employer-provided paid leave for the same hours absent, and the employer and the employee have mutually agreed to supplement FAMLI wage replacement benefits with employer-provided leave, then any employer-provided paid leave in excess of the amount authorized by 7 CCR 1107-4, Section 4.5.1 may be considered an overpayment.

3. If an individual receives both wage replacement benefits under the FAMLI Act and employer-provided paid leave for the same hours absent, and the employer and the employee have not mutually agreed to supplement FAMLI wage replacement benefits with employer-provided leave, then any employer-provided paid leave for the same hours absent may be considered an overpayment.

4. If an employer considers employer-provided paid leave to be an overpayment pursuant to either 7 CCR 1107-4, Sections 4.5.2 or 4.5.3, then:

A. The employer may recoup the overpayment by any legal means, including via one or more lawful deductions in accordance with C.R.S. § 8-4-105;

B. The employer must replenish the employee's bank of accrued employer-provided paid leave in an amount equal to the amount recouped as an overpayment; and

C. If the employer-provided paid leave so recouped as an overpayment is paid sick leave, an employer's failure to replenish the employee's bank of paid sick leave in accordance with 7 CCR 1107-4 Sections 4.5.4.B shall constitute a violation of the Healthy Families and Workplaces Act, C.R.S. § 8-13.3-401 et seq ("HFWA").

5. To the extent possible, the FAMLI Act and its implementing regulations shall not be read to reduce rights under HFWA and its implementing regulations, and HFWA and its implementing regulations shall not be read to reduce rights under the FAMLI Act and 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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