As we expected in this first year of the Family and Medical Leave Insurance (FAMLI) Program, the FAMLI Division recently issued updates to the paid family and medical leave program in which all employers in Colorado should be participating.
First, the good news. Under the statute, the Division is required to determine whether the program premiums should be adjusted starting in 2025. The Division recently announced there will be no changes to premium rates in 2025. The same premium rate employers have been paying in 2024 (0.9% of wages) will continue through 2025.
Next, for employers with unpaid balances or missing wage reports, these may be remedied online, and the FAMLI Division now offers Installment Payment Agreements (IPAs). This financial arrangement allows employers to pay off their owed amounts in smaller, manageable installments over a set period rather than paying a lump sum. An employer can initiate the process to start an installment payment agreement by calling FAMLI and requesting to set up an agreement. The FAMLI Division will work with the employer to determine the terms of the agreement. Once an agreement is in place, payments can be made in the wages and payment screen within the My FAMLI+ Employer account.
Finally, the Division has clarified the employer grievance process. Employers can now file a grievance online. When an employer needs to dispute a determination regarding an employee’s FAMLI claim, they should first file a grievance with the Division before filing an appeal. The Division noted that an employer should file a grievance only where it has a good-faith belief, supported by evidence, that the Division has granted FAMLI benefits to a claimant in an amount, duration, or frequency beyond what the claimant is entitled to.
You can review the appeals page on the FAMLI website to learn more about options when it comes to disputing a decision. Employers can either mail back a grievance form after receiving those instructions or fill out the grievance request form online.
If you need help complying with the rules around FAMLI, please contact Employers Council. For more information about the program, please see our whitepaper or visit the state’s website.
Jacqueline Talbot is a paralegal for Employers Council.