Blogs

As of May 19, 2023, two insurance companies had been approved by the Colorado Division of Insurance to sell employers private plan policies that meet FAMLI requirements as an alternative to participating in the state program. Fifteen additional insurance companies had applied and were awaiting approval. This Employers Council article provides information on how employers can apply for private plans and the deadline for them to do so. 

The FAMLI division is clarifying benefit eligibility information to families welcoming a new child in 2023. Your employees may be eligible for time off under FMLA (if applicable) or your parental/family leave policies in 2023 and they will also be eligible for time off and FAMLI benefits in 2024 as long as the time taken in 2024 is within 12 months of the birth of the child, adoption, or foster care placement. 

Did you know that paid interns must also make FAMLI contributions through payroll deductions and may or may not be eligible for FAMLI benefits in 2024, depending on if they meet Colorado’s eligibility requirements? Interns may be eligible for FAMLI benefits in 2024 if they earned at least $2,500 in wages from any job in Colorado during the base period before they apply for FAMLI benefits.  

The state will require documentation from a health care provider for an employee’s serious health condition or a family member’s serious health condition. The FAMLI division is expected to launch a portal this summer for health care providers to submit patient information as a more streamlined alternative to completing paper documentation. 

It is expected that employees will be able to apply for 2024 FAMLI benefits near the end of this year through a not-yet-launched claims portal. 

The FAMLI division is going through the rule-making process to amend current rules on the topics of coordination of benefits and reimbursement of advance payment. In addition, it has proposed rules for investigations, determinations, and appeals; job protections, anti-retaliation and anti-interference; and program integrity. A public hearing was held on May 15, so we expect updated rules to be published in the near future.