7 Colo. Code Regs. § 1107-3.11
Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1107-3.11 - Benefits Reconsiderations1. A claimant or an employer from which a claimant is taking leave may request a reconsideration of a decision to award or deny paid family and medical leave benefits if they have a good-faith belief, supported by evidence, that the Division has granted and/or paid family and medical leave insurance benefits to a claimant in an amount, duration, or frequency not authorized by the FAMLI Act and its implementing regulations.2. Requests for reconsiderations must be submitted within 49 days of the date of the original determination. The deadline to request a reconsideration may be extended by up to a maximum of forty-nine (49) days for good cause. If a deadline falls on a weekend or State holiday, the deadline shall become the next business day.3. The claimant and all employers from which the claimant has applied to take paid family and medical leave will be notified of the request for reconsideration. Any party may submit additional documents, statements, or other evidence in support of their request.4. Upon receiving a request for a reconsideration, the Division may request any reasonably necessary evidence.5. After receiving the request for reconsideration and gathering any reasonably necessary evidence, the Division will issue a reconsideration of the claimant's eligibility for paid family and medical leave benefits as soon as is practicable. The reconsideration will be sent to both the claimant and all employers from which the claimant has applied to take paid family and medical leave.6. A request for a reconsideration of an initial benefits determination must be made before the Division will accept an appeal of such a determination pursuant to 7 CCR 1107-9.7. No party may request a reconsideration of any determination made by the Division other than an initial benefits determination, unless otherwise provided by the FAMLI Act and its implementing regulations. All other determinations may only be challenged by filing an appeal pursuant to 7 CCR 1107-9.8. Frivolous, unsubstantiated, or bad-faith requests for a reconsideration from an employer may constitute discrimination, interference, or retaliation in violation of C.R.S. § 8-13.3-509.9. The Division may issue a reconsideration of an initial benefits determination on its own volition regardless of whether a reconsideration has been requested.10. To initiate the Division's review of a private plan's initial benefits determination, a claimant must file an appeal pursuant to 7 CCR 1107-9.45 CR 18, September 25, 2022, effective 10/15/202246 CR 23, December 10, 2023, effective 1/1/202447 CR 23, December 10, 2024, effective 1/1/2025