A new year has brought changes to Colorado’s Family and Medical Leave Insurance Program (FAMLI). On January 1, 2025, the second year of employee eligibility for leave under the program began with newly adopted rules in place that, among other things, increase the number of fines that can be assessed against employers. Other changes include those to local government regulations and the investigations and appeal process. Look for additional Employers Council articles on these topics in the coming weeks.
In 2024, there were five different fines an employer could receive for violations of FAMLI. Under the new rules, the FAMLI Division can now issue up to 24 fines, suggesting it will be more aggressive in enforcing the rules governing the administration of FAMLI benefits.
Employers with Colorado employees may face fines totaling up to $6,000 for violations of the FAMLI program, an increase from $1,600. Individual fines still range in value from $25 to $500 and may occur per violation, per employee, per instance, and/or per day for an issue remaining unresolved. For example, an employer that fails to register with the FAMLI Division will be assessed a $500 fine.
An employer that registers as part of a “bulk registration” process may now be assessed a fine of $500 for failing to submit employer verification documentation. Additionally, if an employer fails to properly maintain employee medical records separate from an employee’s personnel file, an employer may now be fined $500 per violation.
There are additional fines attributable to the administration of private plans. For example, if an employer fails to provide the documentation necessary for the FAMLI Division to review the private plan, an employer may be assessed a $250 fine per employee and per day. An employer may now also be fined $250 per violation for failing to grant an employee access to documents relevant to their claim. Additionally, an employer may be assessed a fine of $250 per employee if it gains approval to terminate a private plan and fails to notify all Colorado employees within seven days.
If you have any questions or would like assistance navigating these changes or new fines, please reach out to Employers Council. For an overview of employer requirements under FAMLI, please review our checklist in Member Central.
Edward Encinias is an attorney for Employers Council.