7 Colo. Code Regs. § 1107-4.6
Current through Register Vol. 47, No. 24, December 25, 2024
Section 7 CCR 1107-4.6 - Employer-provided benefits during paid family and medical leave1. The FAMLI Act and its implementing regulations only require an employer to maintain health care benefits in accordance with C.R.S. § 8-13.3-509(2), and do not entitle an employee to the continued accrual of employer-provided leave or any other benefits during a period of family and medical leave.2. With regard to a covered individual's obligation to pay their share of the cost of health benefits pursuant to C.R.S. § 8-13.3-509(2), the employer may collect such payment via:A. Lawful deductions from employer-provided paid leave used to supplement FAMLI wage replacement benefits, in accordance with C.R.S. § 8-4-105;B. Lawful deductions from wages paid upon the employee's return to work, in accordance with C.R.S. 8-4-105;C. A repayment plan entered into by the employer and the employee; orD. Any other legal means.3. Pursuant to C.R.S. § 8-13.3-509(8), if a local government employer has declined coverage pursuant to C.R.S. § 8-13.3-522, FAMLI does not require the local government employer to maintain health care benefits during a period of family and medical leave for its employees who elect coverage pursuant to C.R.S. § 8-13.3-514.4. If an employer and an employee mutually agree to supplement FAMLI wage replacement benefits with paid sick leave, then the extent to which the employer must maintain benefits beyond the requirements in C.R.S. § 8-13.3-509(2) and Rules 4.6.1 and 4.6.2 is governed by HFWA.5. If the Division determines that an employer has violated C.R.S. § 8-13.3-509(2) or Section 4.6 of these rules, the Division may assess upon the employer a fine of up to $500.00 per employee, per day the employer failed to maintain health care benefits.45 CR 23, December 10, 2022, effective 12/30/202246 CR 12, June 25, 2023, effective 7/15/202346 CR 23, December 10, 2023, effective 1/1/202447 CR 23, December 10, 2024, effective 1/1/2025