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 As we end November, things are in full swing at the FAMLI Division. In this edition we have information about the My FAMLI+ portal, required postings, communications for your employees, rule updates, information for TPA’s, and we have added a new section for trending questions called People are Asking! We value your feedback and input. If you have any questions or content you would like to see, please share that with us at cdle_famli_info@state.co.us. If you would like to receive updates by text, you can add your mobile number here (select SMS/Text Message from the drop down menu to add text alerts).
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 My FAMLI+ Employer is coming soon!
My FAMLI+ Employer is nearly here! We have successfully registered more than 1,300 organizations during the soft launch of our employer services portal. Businesses across the state will use the portal to manage their FAMLI accounts by registering, submitting wage data and paying premiums. My FAMLI+ Employer will be accessible to all employers from famli.colorado.gov very soon. We’ll be sending out an announcement once it’s ready, so keep an eye on your inboxes! While every employer will need to register, registration can be completed any time before your first premium payments and wage reports are due on April 30, 2023.
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You Must Post The Required Program Notice by January 1, 2023:
The FAMLI statute requires that employers post a notice to inform workers about the FAMLI Program by January 1, 2023. The Required 2023 FAMLI Program Notice poster is available to download from the FAMLI website. Once you download the file, print and hang the poster in a prominent, visible workplace location accessed by all employees. Download your copy of the poster today!
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 Several of our Employer Toolkit materials are now available in Spanish!
The materials can be downloaded from our website here. The break room poster, sample pay stub, and HR fact sheet have been translated. We will have more Spanish versions coming soon!
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 November Webinar: Coordination of Benefits
Our November webinar is now published to our Webinars page here. During this webinar, the FAMLI team provides an overview of the newly adopted Coordination of Benefit rules. We have two live webinars coming up in December in which we’ll be answering questions and providing guidance on how to register your business in the My FAMLI+ portal. If the webinar reaches capacity before you are able to join, don’t worry! We’ll be streaming each one on our YouTube channel.
Upcoming Webinars
December 6th at 11 - 11:30 a.m.: Registering Your Business with Live Open Forum
December 13th: Pre-Recorded Webinar on Registering Your Business & FAQ’s
December 19th at 11 - 11:30 a.m.: Live Open Forum!
If you miss a webinar, never fear! Each one is recorded and distributed in our monthly newsletters and published on our Webinars page. If you have questions please use this form to submit ahead of the next webinar.
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FAMLI Division Regulatory Update
Our policy team has been busy! Private Plan rules, Coordination of Benefit Rules, and amendments to the Premium Rules and Local Governments rules have all been adopted. Here are the highlights for you.
Private Plan Rules are Adopted!
The Regulations Concerning Private Plans, (7 CCR 1107-5) were formally adopted on November 1, 2022. The complete Private Plan rules are now adopted and published on our rules page. You can review the notable changes from the proposed rules on our website here.
Coordination of Benefits Rules Adopted!
The Coordination of Benefits (7 CCR 1107-4) rules have been adopted. Here are some key takeaways:
- There will need to be a written agreement between employers and employees to use accrued paid time off (PTO) to top off FAMLI benefit payments.
- Employees can’t be required to use PTO before FAMLI leave, but they may choose to do so.
- If an employee applies to an employer for FMLA, then the employer is obligated to tell the employee about FAMLI.
- Employers cannot require an employee to apply for FAMLI leave.
- While an employee is on leave, employers are required to maintain their health care benefits, and employees are still required to pay their premium obligations toward those health care benefits during their leave.
- Employers may count both the FAMLI wage replacement amount and the duration of the FAMLI leave towards the limits included in their short-term or long-term disability policies, so long as the employer first gives written notice to employees.
You can read the complete rules: 7 CCR 1107-04 Coordination of Benefits on our website.
Amendments:
- The FAMLI definition of a local government has been revised to clarify that any employer that is either covered by HB22-1133 or has at least one employee in the state personnel system is NOT a local government.
- The FAMLI definition of included and excluded wages mirrors the Unemployment definition of included and excluded wages. We have a summary of these wages on our Employers page. Employers who are exempt from paying unemployment premiums are NOT exempt from paying FAMLI premiums. These employers should refer to the list on our website to determine what counts as wages.
The complete amendments are posted on our rules page: 7 CCR 1107-1 Amendments to Premium Rules and 7 CCR 1107-2 Regulations Concerning Local Government Participation.
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New Guidance from the CO Department of Revenue
The FAMLI Program recently received some new guidance from the Colorado Department of Revenue. Here is what you need to know!
- FAMLI premiums should be considered post-tax deductions that do not reduce an employee’s taxable income.
- Employers should report such deductions on IRS form W-2 in Box 14, and list “FAMLI” as the label.
- The FAMLI Division will issue IRS form 1099-G to each employee who receives FAMLI benefits, and the benefits paid will be reported in Box 1, which is labeled “unemployment compensation.” Per IRS instructions, this box is also used for governmental paid family leave programs.
The FAMLI Act makes it clear that FAMLI benefits are not subject to state income tax, however, the IRS has not made a clear decision as to whether or not FAMLI benefits are subject to federal income tax, and the FAMLI Division can’t advise individuals on their tax compliance. Therefore, we recommend that employees consult a tax professional for advice.
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Does Your Business Work with a Third Party Administrator (TPA)?
Third party administrators (TPAs) will play a critical role in ensuring many employers are set up for success and remain in compliance with the requirements of the FAMLI program. We’ve created a dedicated page for TPAs with several new resources, including file format specifications for wage reporting and bulk registration, sample files, and payment schedules. If you are a TPA, or want to make sure your TPA is up to speed, we encourage you to share this page with your administrator. We will also publish how-to guides for TPAs to help you register with My FAMLI+ Employer once the portal is live.
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 Share Your Story With Us!
We want to hear your personal stories. Please tell us how FAMLI could have or will help you. We are looking for stories from both individuals and employers, and may feature your experience in an upcoming newsletter or across social media. This month we’re featuring a story from Carol:
"I lost all my insurance when at 7 months pregnant my employer filed for chapter 11 bankruptcy. This was in the days when a pre-existing condition prevented a person from getting any other health insurance too. I had no paid leave after my son was born and no job to go back to either. A paid family leave program could have kept us from going into debt to pay medical and hospital bills."
Carol from Denver
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People Are Asking:
Q: Since religious organizations are exempt from unemployment premiums, does that mean they are exempt from FAMLI as well?
A: No. Employers who are exempt from unemployment premiums are NOT exempt from paying FAMLI premiums. These employers should refer to the list of wages subject to FAMLI premiums posted on our Employers page.
Q: My local government employer opted out of FAMLI. How do I opt in?
A: FAMLI benefits don’t become available until 2024, so you do not need to take any action until you can self-elect coverage in 2024. After opting in, your premiums will be 0.45% of your wages, and you’ll need to commit to participating in the program for three years. We’ll have more guidance on how to self-elect coverage next year.
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Update Your Email Preferences and Sign Up for Text Alerts
We transitioned to a new email delivery platform that will allow us to more efficiently target our email communications. Subscribers can also sign up to receive text alerts for updates on topics of interest.
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