CO FAMLI, Private Plan Option

Most Colorado businesses are required to provide Colorado Family & Medical Leave Insurance (FAMLI) benefits – CO’s version of a state-mandated Paid Family & Medical Leave (PFML) program – either through the State Plan or an approved Private Plan.

What is an Approved Private Plan?

It’s an alternative to Colorado’s FAMLI State Plan 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 Choose a Private Plan?

Let’s look at some advantages of a fully insured Private Plan:

Insurance carriers have built expertise and scalability around administering and paying claims.

This focus may bring other advantages, such as fast claims turnaround times and live, responsive claims service – potentially resulting in a better insurance experience for employees.

ShelterPoint’s PFML policy provides a fully insured, compliant, stand-alone private option for your CO FAMLI needs. Additionally, groups are competitively underwritten and may be priced below the State Plan rate - potentially saving employees money.

We continuously expand and enhance our capabilities to provide smooth service from onboarding to claims.

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

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 which state’s PFML program benefits they may be required to provide. Find out why it may be a win-win for both you and your clients here!

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ShelterPoint Statutory Benefits Quoting Guide

For our brokers, this in-depth, state-by-state comparison will help guide you on what’s needed to quote and bind ShelterPoint’s* Private Plan coverages for Paid Family & Medical Leave programs.

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How to Apply for a Private Plan in CO With ShelterPoint

Here’s an overview of steps you need to take in Colorado to apply for a fully insured Private Plan.

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 and a sample insurance policy.

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 your Private Plan application is approved, it’s valid for 8 years. Every November, you must submit an annual attestation to the FAMLI Division through the My FAMLI+ Employer portal 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

Applications may be submitted at any time and the FAMLI Division will review applications as they are received.
Keep in mind the length of the State review process for a Private Plan application, so time your application with your desired effective date:

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. However, if an employer is changing from one approved Private Plan to another approved insurance carrier’s Private Plan, the employer must notify the Division, in writing, of the change at least thirty-five (35) days before the change is to take effect.

You must provide 30 days’ written notice to your employees of the FAMLI Division’s Private Plan approval prior to the Plan’s effective date.

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 all employees in Colorado, you are required to post a notice containing the same information, and:
- Post the notice in a conspicuous and 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 5% of your Colorado workforce.
- If you do not maintain a physical workplace, or an employee works remotely, you 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.

If the Division determines that an employer has violated any part of Section 5.9 of these rules, the Division may assess upon the employer a fine of up to $500.00.

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 FAMLI if the employer chooses a Private Plan?

Employers may still deduct premium contributions from employees’ wages, whether they choose the State Plan or a Private Plan. If you choose a Private Plan, then you, the employer, will remit all premiums (including any employee contributions) directly to the insurance carrier instead of to the State. And don’t forget, if you have an approved Private Plan, it is up to you if and how much to deduct from your employees’ wages 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 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

Overview

Private Plan Option

Coverage Requirements

Benefits

Premium & Contributions

Regulatory Updates

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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. Any program information is based on our knowledge and understanding of CO’s applicable laws and regulations as of the publication date and may change as regulations evolve or CO issues updated guidance. Further, this material is for illustrative purposes only, providing a general overview of the services described. It is not a contract nor intended as an offer of coverage.

Policies are subject to Underwriting approval. Policies are reviewed annually and may be cancelled for nonpayment. All coverage extends to limits reflected in the policy. Please refer to the policy for coverage details pursuant to its governing law, including a complete listing of covered services, provisions, conditions, exclusions, limitations, and terms under which the policy may be continued or cancelled. In the event of conflicting information with the policy and its governing Law, the policy and governing Law will take precedence over what is shown in this material. Claim payment is not guaranteed; benefit amount depends on wages.

The Colorado Paid Family and Medical Leave Insurance Act § 8-13.3-501 et seq., C.R.S and its implementing regulations including 7 CCR 1107-1, et seq. govern this Private Plan and its interpretation and administration. Available in CO only.

Underwritten by: ShelterPoint Life Insurance Company (principal office in Garden City, NY) in: CO (form# SPL PFMLP 0325 CO).

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ShelterPoint is the brand name for ShelterPoint Life Insurance Company (a NY-domiciled carrier with its principal office in Garden City, NY) and its wholly owned subsidiary, ShelterPoint Insurance Company (a FL-domiciled carrier, licensed in all states excluding NY, CA, and MI). Coverages may be underwritten by either carrier depending on the state. Not all products, features, and services are available in all states. ShelterPoint is wholly owned by Protective Life Insurance Company ("Protective"), an Omaha, Nebraska domiciled carrier that is licensed in all states excluding NY.
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CO FAMLI: Private Plan Option