7 Colo. Code Regs. § 1107-1.5
Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1107-1.5 - Calculating Employer Size1. For determining employer size for the purpose of determining premium liability pursuant to C.R.S. § 8-13.3-507(5), an employee counts toward the total number of employees if they are employed in any state of the United States, the District of Columbia, or any territory or possession of the United States during 20 or more workweeks in the preceding calendar year. A person is considered "employed" during a workweek for the purpose of determining premium liability if: (1) they perform any work for the employer during the workweek; or(2) they are on any type of paid or unpaid leave during the workweek, and the employer has a reasonable expectation that the employee will later return to active employment, including leave taken under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 - 4334.2. An employer's size for purposes of this rule will be calculated upon registration with the My FAMLI+ Employer portal and annually thereafter during the first calendar quarter of the year. It is the employer's responsibility to notify the Division of its size upon registration and annually thereafter, and if the employer fails to do so, the Division may presume that the employer has ten or more employees. The FAMLI Division may, on its own initiative, determine an employer's size based on a preponderance of evidence. If the Division makes an employer size determination pursuant to this rule, and the employer wants to challenge that determination, it must first request a reconsideration of that determination within forty-nine (49) days of the date of the determination. The deadline to request a reconsideration may be extended by up to a maximum of forty-nine (49) days for good cause. The employer may appeal the outcome of the reconsideration pursuant to 7 CCR 1107-9. The Division will not adjust an employer size based on fluctuations throughout the year.3. If the Division determines the employer's status has changed as it relates to premium liability, the Division will notify the employer as to their premium liability.44 CR 23, December 10, 2021, effective 1/1/202245 CR 23, December 10, 2022, effective 12/30/202246 CR 17, September 10, 2023, effective 1/1/202447 CR 23, December 10, 2024, effective 1/1/2025