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7 November 2023

CO FAMLI: November Amendments to Its Final Rules

CO FAMLI: November Amendments to Its Final Rules


Highlights of CO FAMLI Adopted Amendments

On October 31, 2023, the Colorado Family & Medical Leave Insurance (CO FAMLI) Division published newly adopted rules/amendments for several sets of proposed rulemaking to tweak the FAMLI program before it goes live in January. We’ve summarized the highlights of the new amendments below – please refer to the complete set of final rulemaking on the FAMLI Division website here. 

  1. The newly adopted rules confirm that private plans are required to follow the State’s process to recalculate benefits mid-claim when the updated State Average Weekly Wage (SAWW) goes into effect. This usually occurs each year on 7/1. 
    • Benefits also need to be recalculated mid-claim when
      • there is a change in the employee’s regular work schedule; or
      • the outcome of appeal results in a change of award benefits.

This means a claimant may have their claim recalculated if it crosses over the 7/1 date and may receive a different payment amount based on the new SAWW in effect during the later term of their claim. The rules also do not limit the recalculation to only increases in benefit payment amounts, and therefore a recalculation could result in a decrease in the payment amount based on schedule changes or appeal outcomes.

  1. A few definitions have been updated:
    • “Wages” – this definition was updated in August 2023 but is an important change: it means pre-tax “gross wages” – and effective January 1, 2024, premiums and benefits will be calculated using this new definition. Read more details about what is/is not included in this definition of gross wages here.  
    • Other updated definitions include:
      • Application Year
      • Benefit Year
      • Regular Work Schedule
  2. Claimants have 49 days to file an appeal (instead of 45 days).
  3. For the State Plan, forms and communications should be available in an individual’s primary language. Private plans must use “reasonable efforts” to make this information in additional languages.

State and Private Plan Readiness For January 1st

The newly adopted rules impact the State Plan as well as approved private plans to varying degrees. Specifically for ShelterPoint as a private plan carrier and like other carriers - we will be updating our forms, systems, and processes to align with these newly adopted amendments.

Rest assured, we are fully committed to working closely and diligently with the FAMLI Division to ensure a smooth and efficient experience for our clients and begin paying benefits when the program becomes effective in January! We’re here to support you every step of the way. Sign-up here to stay in the know!

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The information in this blog post is based on our knowledge of the CO Family & Medical Leave Insurance Act (CO FAMLI) and regulations at the time of posting and may change as regulations evolve or the CO FAMLI Division issues guidance regarding the regulations. It is not an offer of coverage or intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice.




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