Since October 30, 2020, under the Code of Colorado Regulations 7CCR 1101-2(7.3.2.) Colorado employers have been required to provide a notice to employees upon separation from employment that informs them of the availability of unemployment insurance. On May 25, 2022, the required information was expanded when Senate Bill 22-234 was signed into law by Governor Polis. A notice must be given at the time of separation in written or electronic format.
The Act became law upon the Governor's signature on May 25th. In part, it requires an addition to Colorado Revised Statute 8-74-101. Added will be a section (4) which states:
"(4) At the time of separation from an employer, the employer shall provide each employee, in a written format and distribution method, to include electronic or hard copy, that is determined by the Division, information regarding the availability of unemployment compensation benefits. The information must include: (a) the employer's name and address; (b) the employee's name and address; (c) the employee's identification number or the last four numbers of the employee's social security number; (d) the employee's start date, date of last day worked, year-to-date earnings, and wages for the last week the employee worked; and (e) the reason the employee separated from the employer."
The Definition of "employer" is provided under C.R.S. 8-70-113. It is basically all employers in Colorado subject to the unemployment insurance statutes, both private and public. There is no formal definition of the term "separation," so it should be interpreted broadly to include both voluntary and involuntary separations.
The Act requires the Division of Unemployment to provide an official notice form. In enacting new statutes the sequence of events can sometimes be less than ideal. The notice on our website includes the statutory requirements. Until an official form is issued by the Division, this notice will allow employers to be compliant. We will post the official notice when it becomes available.
If you have any questions, contact the Member Experience team by email or call 800-884-1328.