As part of the newly issued regulations for Colorado’s Family and Medical Leave Insurance Program (FAMLI), the Colorado Department of Labor and Employment (CDLE) has clarified (and potentially narrowed) how it determines whether an entity is a government entity that may opt out of the FAMLI rubric.
An entity claiming to be a government entity, as that phrase is defined by statute, that does not appear on those lists may overcome the presumption by submitting documentation sufficient to establish that it is a local government. The rule does not specify what documentation would include, but it is most likely information such as how the entity was established, how it is funded, and what public service it performs. Other more formal documents like charters or intergovernmental agreements may also help establish government entity status.
If you have a new determination under this rule, please reach out to Employers Council for assistance.
Heather Hancz is an attorney for Employers Council.