7 Colo. Code Regs. § 1107-3.10

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1107-3.10 - Covered Individual Obligations During Leave

1. A covered individual or their designated representative must notify the FAMLI Division within ten (10) days after the occurrence of any event, or the foreseeability of any event, that could change the amount or duration of approved leave, including but not limited to the following:

A. A change in the covered individual's need to care for a new child, including death of the child, placement of the child in another home, or a caregiving arrangement whereby someone other than the covered individual provides care;

B. A change in the covered individual's own serious health condition or need to care for a family member with a serious health condition, including death of the family member or any increase or decrease in the care the covered individual must provide;

C. A change in the covered individual's need for exigency leave;

D. A change in the covered individual's need for safe leave;

E. Any event resulting in the covered individual no longer being localized to Colorado, pursuant to 7 CCR 1107-1 and its provisions regarding in-state status of employees;

F. An addition or loss of one or more jobs;

G. A change in the covered individual's regular work schedule;

H. Any change in employment, including unemployment, retirement, or any gained or lost source of employment or self-employment; or

I. Any filing or termination of a claim for family and medical leave insurance benefits with a private plan during a period of paid family and medical leave under the state plan.

2. If a covered individual notifies the Division of an event that would increase the amount, duration, or frequency of benefits, the Division may require the covered individual to submit additional documentation in support of their claim.

3. If information reported to the Division results in an increase or decrease in the duration or frequency of leave awarded to a covered individual, the Division will promptly and contemporaneously notify the employer and the covered individual of the change.

4. If a covered individual receives a reduced leave schedule or intermittent leave, the covered individual must submit documentation sufficient to recertify their need for leave every six months, or as requested by the Division for claim management purposes. Upon recertification, the Division will notify the covered individual and the employer or employers from which the covered individual is taking leave, and will include in that notification any changes in the duration or frequency of the approved leave. If an individual fails to recertify, the approval for the leave will expire and the Division will notify the employer or employers from which the covered individual was taking leave.

5. A covered individual receiving reduced leave schedule or intermittent leave must notify the Division of their regular work schedule and individual absences on a weekly basis in order to receive wage replacement benefits for the absences. If the individual does not report their regular work schedule by the deadline established by the Division, the Division will accept this as communication from the individual that their regular work schedule has not changed from the most recently reported regular work schedule. If the individual does not report absences for a week by the deadline established by the Division, the Division will accept this as communication from the individual that no approved absences occurred in that week. The Division may deny a claimant's request to modify a past notification of their regular work schedule or individual absences unless the claimant provides both good cause for their failure to provide timely notifications, and evidence supporting the modification.

6. A covered individual receiving continuous leave must notify the Division of any hours worked in any employment for which they are taking continuous leave within seven (7) days of performing that work.

7 CCR 1107-3.10

45 CR 18, September 25, 2022, effective 10/15/2022

46 CR 23, December 10, 2023, effective 1/1/2024

47 CR 23, December 10, 2024, effective 1/1/2025