CO Family & Medical Leave Insurance, private Plans

Effective January 1, 2024, most Colorado businesses must provide CO Family & Medical Leave Insurance (FAMLI), whether through the state-run plan or an approved Private Plan.

What Is An Approved Private Plan?

It’s an alternative to Colorado’s state plan for FAMLI benefits that must at least meet or exceed the rights, protections and benefits of the state plan. An approved Private Plan can be either self-insured by a CO employer or fully-insured through an approved insurance carrier like ShelterPoint*.

Why Would An Employer Want To Provide A Private Plan?

Pricing may not be the only reason why a Colorado employer would select a private plan. With decades of experience in statutory benefit programs, we have been able to identify the top 3 additional advantages for employers:

Reason 1
Private carriers like ShelterPoint have built the experience, scalability, and agility to manage statutory benefits insurance and have the resources to continuously expand and enhance capabilities to provide smooth service from onboarding to claims.

Reason 2
Private Plan carriers have resources to help employers remain in compliance and adequately informed.

Reason 3
Insurance carriers have long-standing experience around administering and paying claims, which may result in faster claims turnaround and dedicated claims service.

Broker's Guide To Private Plan Options

Our Broker's Guide to Private Plan Options dives deeper into more advantages for your clients – regardless of the state program they may be required to provide. Find out why it may be a win-win for both you and your clients here!

Learn More

Private Plans Brochure For Employers

This PDF outlines the benefits of a fully-insured private plan option for employers.

Download it now

How To Apply For A CO FAMLI Private Plan

Here’s an overview of steps you need to take in Colorado to apply for a fully-insured approved private plan. Since some of the details are still falling into place, things may change as guidance from the State emerges.

Step 1 – You and your broker

Provide your broker with the information they need to request a quote. Most carriers will have similar information requirements to provide your broker with a quote. But, for ShelterPoint specifically, please provide the following information about your group through your broker:

Your company’s full information, including full legal name, address, and SIC code.
Census with employees working at your CO location(s) who are eligible for FAMLI:
- Gender
- Employment status (full-time, part-time, or 1099ers)
- Date of birth (DOB)
- Total Wages
Include part-timers who meet the eligibility requirements.
Desired effective date
If needed, we may require additional information.

Step 2 – ShelterPoint

Based on your information, we will provide a proposal.

After you accept the proposal, ShelterPoint will provide an application for coverage.
We will also provide a sample insurance policy. (ShelterPoint is currently in the approval process with the State, and will send a sample once the policy has been approved.)

Step 3 – You

Submit the private plan application with the insurance policy provided by your insurance carrier through the My FAMLI+ Employer portal. For instructions on how to submit a CO FAMLI private plan application, please check out the CO FAMLI Division’s user guide, here.

An application for private plan approval must include:

The employer’s federal employer identification number (“EIN”)
The employer’s name
The employer’s business address
The employer’s mailing address
A designated contact person, with that person’s name and contact information
A copy of the carrier’s insurance policy form
An attestation by the employer certifying that the employer understands and the private plan satisfies the requirements set by the FAMLI Act
An employer attestation confirming that the private plan’s forms will be as simple to use as the state plan’s forms for employees and/or health care providers (such as claim forms)
A copy of the posted notice
An administration fee of:
- $500.00 for private plan applications received through 2024

Step 4 – The CO FAMLI Division

The FAMLI Division will provide you with the private plan approval to submit to your insurance carrier as part of the completed application of coverage.

Step 5 – Claim Forms/Employee Notice

Once the FAMLI Division has approved your application, ShelterPoint will provide you with the claims packet that will be used for processing claims. At least 30 days prior to the effective date of the policy, you must make the claim forms available to employees and post and deliver the required employee notice.

Step 6 – Renewal & Keeping your private plan active

Once a private plan application is approved, it’s valid for 8 years. Beginning in November 2024 (and every November annually), you must submit an attestation to the FAMLI Division to certify that

your contact information is still accurate
your approved private plan continues to satisfy the requirements of the FAMLI Act.

Important Timing Considerations And Employer Obligations

The functionality to submit a private plan application is not yet available on the My FAMLI+ Employer portal, and is expected to become available in the spring/summer timeframe. However, once the functionality becomes available, applications may be submitted at any time, and the FAMLI Division will review applications as they are received. But, as mentioned above, the state’s deadline for desired January 1, 2024 private plan effective dates is October 31, 2023.
- Keep in mind that it also takes a few weeks to get through the necessary steps before you can submit your packet to the FAMLI Division – in other words, don’t wait until late October to queue up a private plan!
Approved private plans must take effect at least 60 days after the application date so that the FAMLI Division has sufficient time to review the application, and the employer has sufficient time to provide notice to employees.
- You must provide 30 days written notice to your employees of the FAMLI Division’s private plan approval in lieu of participating in the state plan.
- If you have employees whose start date is later than 30 days before your private plan’s effective date, you must notify the new employee in writing immediately upon hire.
In addition to delivering the written notice to each of its employees in Colorado, an employer must post a notice containing the same information by January 1, 2023.
- The notice must be posted in an accessible place in each establishment where employees are employed.
- The notice must be in English, Spanish, and in any language that is the first language spoken by at least five percent of the employer’s Colorado workforce.
- If the employer does not maintain a physical workplace, or an employee works remotely, the employer may satisfy the posting requirement by sending the Notice via email or through a conspicuous posting in a web-based or app-based platform that the employee regularly uses.

Advance Premiums And Premium Refunds
For The CO State Plan

The CO FAMLI Division requires advance contributions to the state plan to pre-fund the program before benefits go into effect in January 2024. But, if you file your exemption by October 31, 2023, your business may be eligible for a refund of 2023 premiums remitted to the state as a result of the approved private plan going into effect 1/1/24.

Private plan applications are still accepted after October 31, 2023; however, they are not eligible for premium refunds at that point.

Once an approved private plan is in effect,

You are not required to submit premiums or wage reports to the FAMLI Division
Premiums will, instead, then be due to your insurance carrier.

How do you get the refund?

In order to start the refund process, you must apply to the FAMLI Division for the refund, which the Division will then issue to you, the employer, within 90 days – minus the administration fee. Employers can request refunds if their plan is effective no later than 1/1/2024.

Employers are required to report wages and pay premiums for all quarters until their private plan goes into effect. Employers who receive private plan approval in 2023 will not be required to report wages and pay premiums for quarters following their effective date.

Does my business need to extend the premium refund from the State to its employees?

Yes, if you collected premium contributions from your employees in 2023, and the FAMLI Division later reimburses you for premiums remitted in 2023, you must reimburse your employees for any contributions you withheld – unless your approved private plan allows you to collect premiums from employees in 2023. But ShelterPoint will only request premium payment from 2024 and beyond.

You must identify employees who are no longer employed by you in the application for reimbursement. The FAMLI Division will issue the refund to you within 90 days, minus the premiums paid by those employees, and will make reasonable efforts to issue the refund directly to those employees.

If an employee leaves your business after you submitted an application for reimbursement, but before the FAMLI Division issues the reimbursement, then you must refund to the Division the amount of that reimbursement that equals premiums paid by that employee, so that the FAMLI Division can issue a refund to that employee.

If the FAMLI Division cannot locate an employee who is entitled to the refund, the Division will make the amount available as unclaimed property through the Department of Treasury.

Please check back for updates to this page and subscribe here to stay up-to-date
with requirements regarding Private Plans.

CO FAMLI: Key Dates To Remember

DEC
2022
JAN
2023
APR
2023
OCT
2023

December 1, 2022 Business registration is now available:

All Colorado employers required to provide Family & Medical Leave Insurance coverage must register with the FAMLI Division’s online portal called My FAMLI+ Employer – regardless of what type of plan you are choosing to provide.

January 1, 2023

Employers have to start withholding employee contributions for the state plan (even if they intend to provide a private plan).

April 30, 2023

Employers have to complete registration and the first premium payments and wage reports are due.

Extended deadline is May 31, 2023. Employers may view their dashboard on the MyFAMLI+ Employer portal for additional information.

October 31, 2023

Deadline for private plan applications with a desired effective date of January 1, 2024, to be submitted to the FAMLI Division.

Please check back for updates to this page and subscribe here to stay up-to-date with requirements regarding Private Plans.

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CO FAMLI (Family & Medical Leave Insurance) Frequently Asked Questions About Private Plans

How do employees fund for FAMLI if the employer chooses a private plan?

Employers would still deduct the contributions from employees’ payroll, whether they choose the state plan or a private plan. If you choose a private plan, you, the employer, would pay the insurance carrier directly instead of to the state with the employees’ payroll deductions. And don’t forget, if you have an approved private plan – it is up to you if and how much to deduct from your employee’s payroll as long as you are not deducting more than what the state would require from the employees for the same year or your private plan rate if it is lower than the state rate. In essence, employers may elect to pay the full amount if they choose to offer this as an additional employee benefit.

Do private insurance carriers require advance premium to pre-fund the coverage the way the state does?

While we can’t speak for other carriers, outside of a deposit premium, carriers typically don’t require advance payments before coverage takes effect. ShelterPoint will only request premium payment from 2024 and beyond.

Do I need to apply for a private plan each year?

No, the approval for a private plan is valid for 8 years.

During the 8 years the private plan is in force, you would provide an attestation beginning in November 2024 and every November thereafter to the FAMLI Division that your contact information is accurate and that the private plan continues to satisfy the requirements of the FAMLI Act. However, you must notify the FAMLI Division if you switch private plan carriers or decide to use the state plan.

The FAMLI Division will send an expiration notice at least 90 days in advance of a private plan termination; the employer will need to submit an application of renewal at least 60 days before the termination of a private plan.

Learn More About CO Family & Medical Leave Insurance

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The information in this document is based on our knowledge of the CO Family & Medical Leave Insurance Act (CO FAMLI) and regulations, and may change as regulations evolve or the CO FAMLI Division issues guidance regarding the regulations. This material is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. The information in this material is not intended as an offer of coverage. It is for illustrative purposes only, providing a general overview of the CO FAMLI program. It is not a contract. ShelterPoint Life policies are subject to Underwriting approval. Claim payment is not guaranteed; benefit amount depends on wages. All coverage extends up to policy limits. Policies are reviewed annually and may be cancelled for nonpayment. Please refer to the policy for terms under which it may be continued or cancelled, and for policy exclusions and limitations. In the event of conflicting information with the policy, the policy will take precedence over what is shown in this material.

The ShelterPoint family of companies operates under the “ShelterPoint” name strictly as a marketing name, and no legal significance is expressed or implied. The ShelterPoint family of companies consists of ShelterPoint Life Insurance Company, a NY-domiciled carrier, and its wholly-owned subsidiary ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state.

Available in Colorado only. Underwritten by: ShelterPoint Life Insurance Company (principal office in Garden City, NY) Policy Form # TBD

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All policies are underwritten and administered by either ShelterPoint Life Insurance Company (principal office in Garden City, NY), or ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. Contact Underwriting for details.
Policies for Private Plans of Statutory Benefit Programs are underwritten by ShelterPoint Life Insurance Company (principal office in Garden City, NY) in NY, NJ, CT, MA, CO; and underwritten by ShelterPoint Insurance Company (a FL-domiciled carrier) in OR. Click here to view availability by state.
For information about which company is licensed in your state, please visit our Geographic & Jurisdictional Notice.

Statutory Benefits Center

CO FAMLI - Private Plan Option

What Is An Approved Private Plan?

Why Would An Employer Want To Provide A Private Plan?

Broker's Guide To Private Plan Options

Private Plans Brochure For Employers