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Countdown to FAMLI: Are You Prepared to Manage Leave Requests?

By James McDonough posted 10-12-2023 09:32 AM

  

Editor’s note: This article is part of an ongoing series intended to help employers prepare for the January 2024 start of employee benefits under Colorado’s FAMLI program. Look for additional articles in the coming weeks. 

Starting on January 1, 2024, employees in Colorado may receive paid leave under Colorado’s Family and Medical Leave Insurance Program (FAMLI). Are you prepared to manage this new employee benefit? 

To minimize confusion and avoid non-compliance with FAMLI, employers with employees in the state of Colorado must decide how to revise policies and manage employee leave requests and procedures. Once handbook policies have been updated for FAMLI, communicate and explain handbook changes to all employees to minimize misunderstandings. FAMLI leave requests are very different than typical employee time-off requests. Consider these relevant key points: 

  • Eligible employees file for paid leave under FAMLI directly with the state, not the employer.  

  • The state will notify the employer within five days of their employee’s application for FAMLI leave. 

  • Employers do not have the authority to approve or deny the employee’s leave request. 

  • Although the statute states the employee “shall” notify their employer 30 days before the start date of taking leave when the need for leave is foreseeable (when not, “as soon as practicable”), this is not grounds for an employer to impose punitive measures on an employee who does not provide notice. 

  • Employers may “file a grievance with the Division if 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 or in a way that unduly disrupts the employer’s operations,” per this state guide. 

When discussing leave requests with employees, prepare in advance with the following in mind: 

Do 

  • Train managers on how to conduct conversations around leave requests. Ensure they understand the reasons for FAMLI leave so they may alert employees to rights under the program. 

  • Direct employees to the FAMLI poster (required in all workplaces) and FAMLI website to learn about their eligibility and application process. 

  • Engage with employees in discussing their leave request to understand if it is a single block of time or intermittent. 

  • Inform employees of alternate employer-sponsored leave benefits when the state has determined they are not eligible for FAMLI. 

  • Advise employees how leave covered by FAMLI, Colorado’s Healthy Families and Workplaces Act (HFWA), and the federal Family and Medical Leave Act (FMLA) is handled. 

  • Explain how other benefits (medical, dental, etc.) are impacted during FAMLI leave as defined in your handbook policy. 

  • Continue normal processes for compliance with FMLA and other protected leave types. 

Do Not 

  • Attempt to determine an employee’s eligibility for FAMLI. 

  • Adopt policies or processes that dissuade, misinform, or interfere with an employee seeking FAMLI leave. 

  • Retaliate against an employee for seeking or obtaining FAMLI benefits. 

If you have questions about FAMLI, contact Employers Council at info@employerscouncil.org and access our FAMLI Resources Community page with links to resources. 

 


#Leaves-Mandated
#FAMLI
#Colorado
#EmployeeCommunication

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