7 Colo. Code Regs. § 1107-4.10

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

Section 7 CCR 1107-4.10 - Reimbursement of Advance Payments by Employers

1. An employer may qualify for a reimbursement of advance payments made to an employee when:

A. The employer pays FAMLI wage replacement benefits in advance of an adjudication decision without using any employer-provided paid leave;

B. The employee applies for family and medical leave insurance benefits; and

C. The employer requests reimbursement from the Division prior to the Division's payment of benefits to the employee.

2. Any wage replacement benefits awarded pursuant to such an application are paid directly to the employer, not to the employee.

3. An employer assumes the risk that an employee for whom it paid FAMLI wage replacement benefits in advance will not apply for family and medical leave insurance benefits, that the FAMLI Division will award wage replacement benefits in an amount less than that which the employer advanced to the employee, or that the FAMLI Division will award no wage replacement benefits.

4. If an employer is not reimbursed, or is reimbursed an amount less than that which it paid an employee, it may not recoup from the employee the difference between the amount it paid and the amount it was reimbursed.

5. An employer's prepayment of benefits does not modify the appeal rights or procedures described in 7 CCR 1107-9.

6. An employer must verify to the Division that it proactively paid the employee a payment designated as a family and medical leave benefit consisting of partial or full wage replacement prior to receiving reimbursement.

7 CCR 1107-4.10

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

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