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FAMLI Newsletter
June 29, 2023
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Welcome to the Colorado Department of Labor and Employment's (CDLE) monthly newsletter for Colorado’s new paid Family and Medical Leave Insurance (FAMLI) program. If you’re receiving this newsletter for the first time, you have an account in My FAMLI+ Employer. This newsletter has important information for your business. Each FAMLI newsletter aims to assist employers and third party administrators in meeting their FAMLI requirements. It has educational information for health care providers and individuals & families about the launch of FAMLI benefits in 2024. These updates can be sent directly to your cell phone, just add your mobile number in your subscription preferences and select SMS/text message as your preferred format.
It’s the end of June, and the Q2 2023 reporting deadline is fast approaching. Employers, stay ahead of the game and get your Q2 wage reports and corresponding premiums payments in by Monday, July 31, 2023. If you miss this deadline, your business will be charged late fees and interest on past due payments. And if you haven’t completed your Q1 reporting requirements, get it done as soon as possible. If you need assistance in preparing your wage reports, check out our How-To-Videos, user guides, file specifications, and sample templates for help. For individualized support, please call: 1-866-CO-FAMLI (1-866-263-2654) Monday through Friday between 8 a.m. and 4 p.m.
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We recently published a new set of adopted rules. Get the full details of the newly adopted rules on our rules page. When FAMLI benefits become available in 2024, Colorado employees who utilize paid leave to tend to their own health or support a family member will be protected from retaliation from employers. The FAMLI rules regarding Job Protection, Anti-retaliation, and Anti-interference give a lot of examples of what retaliation might look like, but it generally means that individuals cannot face punishment for using the benefits provided by the FAMLI program. Our Program Integrity Rules outline how the Division will manage overpayments in benefits or underpayments in premiums. In the rules regarding Investigations, Determinations, and Appeals, you’ll learn what can happen when an employee accuses their employer of violating the FAMLI Act or any of its rules and regulations, or what an employer should do if they suspect an employee is abusing the program. We also adopted amendments to our rules regarding Coordination of Benefits and Reimbursement of Advanced Payments.
We encourage all members of our community, employers and families alike, to review these new rules, as they determine how the program will operate.
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Speaking of our new rules… that was the hot topic at our June webinar. We went over the newly adopted rules in detail and answered questions from our live audience. If you were unable to join the conversation, just click the image above to watch the recording. The slide deck is also available on our Webinars page.
Didn’t get your question answered on the webinar? Ask it at our next Facebook Live! Coming up on Wednesday, July 12 at Noon. Our Facebook Lives offer a much smaller setting to get in front of our FAMLI experts and get your questions answered on the spot!
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Colorado’s FAMLI program recognizes the vital role of fathers in caregiving. We have a new article on our website that will surely bring smiles to all the hard-working dads out there. Finally, Fathers Get Their Due provides an overview of how FAMLI doesn’t distinguish between mothers and fathers when it comes to bonding with their children. When FAMLI begins paying benefits in 2024, leave for bonding with a new child is not limited to birthing parents. Read on to learn more about how FAMLI fosters gender equality and about the benefits of fathers getting paid time off to bond with their children through paid leave options.
With Pride month wrapping up, we’d like to acknowledge our commitment to the inclusivity. FAMLI recognizes that individuals form significant bonds with others that are outside of the “traditional family unit,” which is why FAMLI includes a broad definition of “family.” This means the LGBTQ+ community will have the same access to benefits—whether they are using it to take care of a family member or to bond with a new child—once FAMLI benefits become available in 2024. Read on for more on how this is one factor that positions Colorado as a leader in equality for the LGBTQ+ community.
The Unemployment Insurance (UI) Division at CDLE is hard at work modernizing the system employers use to pay premiums and manage their UI employer accounts. The Division’s anticipated go-live for the new employer system is Fall 2023.
Among the many system upgrades, the modernized portal will offer enhanced self-service features for employers to easily report wages, respond to fact-finding requests, make payments and set up payment plans. Employers will also have access to more account information, account history and customer service.
Don’t miss upcoming employer demos, videos, user guides and town halls highlighting the functionalities of the new system. Subscribe to UI’s monthly Employer Newsletter for the most up-to-date information!
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We want to hear your personal stories. Please tell us how FAMLI could have or will help you. This month we’re featuring a story shared with us by Krista:
“My wife and I became foster parents during the pandemic, and the first placement we had was unsuccessful. We took no time off to help with the adjustment, and things just did not work out. Fortunately, the state of Colorado provides FMLA leave without pay for foster parents, so when we received the news that there was another child in need of a foster to adopt home, I requested FMLA without pay, and was able to focus on the adjustment of another child joining our family. This made a WORLD of difference and I am so happy to share that we have started the adoption process and will hopefully complete that process this summer. Paid leave would have been a bonus of course, but I am happy to hear that others outside of state employment will be able to take advantage of this opportunity, and it is my hope that children in foster care benefit from this new FAMLI benefit. (Krista)”
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Q: Are minors eligible for FAMLI benefits?
A: Yes, minors under the age of 18 may qualify for FAMLI benefits. There is no minimum age for utilizing FAMLI benefits. Most Colorado employees become eligible to take paid leave after they have earned at least $2,500 in wages within the State within the last 4 calendar quarters.This makes it possible for almost every Colorado employee to take the maximum benefit of the FAMLI program when needed, no matter their age.
Q: Does an employee need to work 180 days consecutively to be eligible for job-protected leave?
A: If an employee has worked for the same employer for at least 180 days cumulatively (about six months), the job is protected under the law. The 180 days do not need to be consecutive. That means an employee is entitled to return to the same position, or an equivalent position, when the paid leave ends.
FAMLI leave can still be taken before the employee meets the 180-day threshold, but an employer is not required to keep the job for an employee when the leave is over. Please refer to our 2023 employee handbook for more information.
Q: If the filing/payment due date falls on a weekend or holiday, is the due date extended?
A: Yes. For premium due dates that land on a weekend or holiday, there is an extension to the following business day. Premiums Rules at 1.5.3.A.1.a: “Payment will be considered timely if postmarked or received electronically on or before the due date. If the due date of premiums falls on a Saturday, Sunday, or legal holiday, payment will be considered timely if postmarked or received in person or electronically on the next business day that is not a Saturday, Sunday, or legal holiday.” More details are here.
We love it when you ask us questions, and now we want to ask you some questions! Please take this quick survey and tell us “How Well You Know FAMLI.” Your feedback is important to us.
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