7 Colo. Code Regs. § 1107-3.3

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

Section 7 CCR 1107-3.3 - Employer Participation Requirements

1. Employers, including local government employers that decline participation in the FAMLI program, and employers who meet their obligations under the FAMLI Act through an approved private plan, must register with the FAMLI Division via "MyFAMLI+ Employer" by January 1, 2023, or when they become an employer, whichever occurs later. If the Division determines that an employer has violated this section, it may assess upon the employer a fine of up to $500.00.

A. Any entity that registers one or more accounts with the FAMLI Division via "My FAMLI+ Employer" on behalf one or more employers is prohibited from registering unnecessary accounts, including but not limited to accounts for fake or illegitimate employers, and accounts for employers with no employees whose work is localized to Colorado pursuant to 7 CCR 1107-1, Section 1.6. If the Division determines that an entity registered unnecessary accounts, the Division may assess upon the entity a fine of up to $500.00 per violation.

B. Any entity that bulk registers multiple accounts with the FAMLI Division via "My FAMLI+ Employer" on behalf of multiple employers must submit to the FAMLI Division a document describing the methods by which it (1) determines that a registrant is a legitimate employer, and not a fraudulent, fake, or illegitimate entity; and (2) determines that the employer needs to register an account with My FAMLI+ Employer in accordance with the FAMLI Act and its implementing regulations. This document is due initially upon the earlier of (1) March 31, 2025; or (2) upon the entity's first registration of multiple accounts. Additionally, this document must be submitted annually on November 1, and must describe any changes to the entity's employer verification details. If the Division determines that an entity has not submitted the required employer verification document, then the Division may assess upon the entity a fine of up to $500.00 per violation. In the event that the Division stops accepting bulk registration of employer accounts with My FAMLI+ Employer, these document requirements no longer apply.

2. Employers participating in the state plan must submit wage reports to the Division on the same quarterly schedule as they must submit premiums to the Division pursuant to 7 CCR 1107-1.

A. If an employer fails to timely submit wage reports, the Division may assess upon the employer a fine of up to $50.00 per employee whose wages were not reported.

B. If an employer submits an amended wage report after the due date to submit premiums pursuant to 7 CCR 1107-1, and the amended wage report increases premiums owed by twenty-five (25) percent or more, then the wage report shall not be considered timely regarding those employees whose wages were amended.

3. An employer must notify the Division within 10 business days if it ceases business operations in Colorado or otherwise ceases to employ Colorado employees, in accordance with the provisions of 7 CCR 1107-1 regarding localization of employees. An employer with no Colorado employees will not be required to remit premiums, submit wage reports, or otherwise participate in the FAMLI program. If the employer later resumes business operations or again employs workers in Colorado, it must register with the FAMLI Division via "MyFAMLI+ Employer." If the Division determines that an employer has violated this section, it may assess upon the employer a fine of up to $250.00.

7 CCR 1107-3.3

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