Please see our original Alert on the HFWA for more detail on the all of the covered reasons for each type of leave. The changes are set to take effect August 7, 2023. Visit our My FAMLI+ Employer page for user guides and how-to videos or give us a call at 1-866-CO-FAMLI (1-866-263-2654) for support. Below we provide a basic summary of the standard and some examples. If you have at least one qualifying employee, you will need to register with the Division, submit wage data and send in premiums on behalf of that employee. This can be achieved through a wage deduction as a part of existing payroll processes. Online Payments through the My FAMLI+ Employer portal. Public Health Emergency Leave (PHEL) was implemented in 2021 under the Colorado Families & Workplaces Act (HFWA). To be eligible for PFML an employee must: The FMLA entitles eligible employees to take unpaid, job-protected leave for any of the following family and medical reasons: PFML may be used when an employee or an employee's family member (parent, child under the age of eighteen (18), an adult child who is disabled at the time of leave, spouse, partner in a civil union, or registered domestic partner) is a victim of domestic abuse, stalking, sexual assault, or any other crime related to domestic violence and needs to seek medical attention, mental health care or other counseling, or victim services including legal services or relocation. Religious organizations, nonprofits or any other employer who may be exempt from FUTA premiums are NOT exempt from paying FAMLI premiums. One important thing to note: Colorados FAMLI Act was written to give local government employers the option to completely opt out of the program. Employees at small businesses who qualify for this employer premium discount will have the same access to the benefits of paid family and medical leave and job protection provided under the FAMLI as employees at larger employers. Depending on the reason and need for leave, the benefit leave period may be up to 12 weeks. Under the FAMLI Act, an employee is any individual, including a migratory laborer, performing labor or services for the benefit of another, irrespective of whether the common law relationship of master and servant exists. The law currently does not allow an individual to withdraw contributions upon retirement or when leaving the state. Voters from across the state and from all political parties supported Prop. So those parents may have some weeks of eligibility in 2024 (when benefits become available) for a child who arrives in 2023, even if they use some employer-sponsored leave or unpaid . If you work for an opted out local government employer, please connect with your human resources department to confirm what their particular leave policies are. For each industry or workplace, the FAQs provide a definition and examples. Please check back for future updates regarding the application process. Additionally, PHEL is required when an employee is unable to work because of a health condition that may increase susceptibility or risk of COVID-19, whereas under the FFCRA, EPSL was only available for those employees if they were directly advised by their health care provider to quarantine or self-isolate. The chart below is a floor to ceiling calculation of what a self employed individual or an employer can expect to pay as a premium. Click on Verify a License - This will send you to a new webpage. Monitor littler.com for forthcoming additional information concerning the HFWA's EPSL requirements. Overall, FAMLI is a shared fee to employers and employees based on .9% of wages. While on FAMLI leave, covered workers will receive a percentage of their wages set on a sliding scale (up to 90%), with low-wage workers receiving the highest percentage. A: A lot, but there are three major changes you should be aware of. Q: What is different between federal FMLA and FAMLI? On the effective date of the act through December 31, 2020, all employers in the state, regardless of size, are required to provide each of their employees paid sick leave for reasons related to the COVID-19 pandemic in the amounts and for the purposes specified in the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Re. Sick Leave For Employees | Colorado General Assembly We answer questions, provide information and assistance, and help you navigate your rights in the workplace, Monday through Friday. What are the qualifying reasons covered by the FMLA? Active duty military leave when a parent, child, or spouse experiences a qualifying event directly related to being deployed to a foreign country. Care of their child during the first year after the birth, adoption, or foster placement of that child; Care for their family member with a serious health condition; Because of military family needs if a family member is called or ordered to active duty service (for example, providing for the care or other needs of the servicemembers child or family member, making financial or legal arrangements for the servicemember, attending counseling, attending military events, and spending time with the servicemember upon their return from deployment); or. If a covered employee receives healthcare coverage through their employer, they also have the right to keep their healthcare coverage while on leave under the same conditions, regardless of how long that employee has been employed. Colorado Passes Broad Paid Sick Leave Law Once they do, FAMLI will provide job-protected paid leave benefits to covered workers in Colorado, when qualifying life situations arise. You will only need to pay premiums for the employees who are localized in Colorado. . (Benefits to Begin in January 2024) Colorado's state-run Paid Family and Medical Insurance Program (FAMLI) was established after the historic passage of Proposition 118 in November 2020. Do the PSL and PHEL requirements apply to governmental employers? ), that a COVID-19 test was performed and the date thereof; or, if this information is not available to the employee. Employers with fewer than 10 employees are not required to pay the employer premium share (but will remit premiums on behalf of their employees). A: Employees are eligible for FAMLI leave under the following circumstances: Q: What job protections do employees have? In addition to "accrued paid sick leave" (addressed below), all Colorado employers, regardless of size or industry, must provide employees with public health emergency ("PHE") leave (two weeks 80 hours, or less for part-time employees). Sonia N. Ramirez Anderson is an attorney in Husch Blackwell LLPs Denver office. FAMLI benefits are not subject to state income tax. However, any portion of the employee's health insurance benefits you normally cover; you are required to continue. The 2023 premium payment schedule is: Employers will have several payment type options to submit their quarterly premium payments to the FAMLI Division: Please visit the Employers page and click on Paying Your Premiums for more details. Up to 12 weeks in a one-year period for the reasons listed above. The FAMLI toolkit for Employers includes several resources to help your employees navigate the upcoming changes that begin in January including the 2023 Required Program Notice, a Paycheck Stuffer, the FAMLI Employee Handbook and more. Sunset of MHPAEA Opt-Out for Self-Funded Non-Federal Governmental Health Plans, Tax Treatment of Certain Wellness Arrangements, IRS Guidance Ends HSA Relief for COVID-19 Testing and Treatment, To self-isolate and care for oneself because the employee is diagnosed with, having symptoms of, obtaining a diagnosis or treatment for, or seeking preventive care for a communicable illness that is the cause of the public health emergency, To care for a family member who is diagnosed with, having symptoms of, obtaining a diagnosis or treatment for, or seeking preventive care for a communicable illness that is the cause of the public health emergency, Because a public health official or the employees employer has determined that the employees presence at work or in the community would jeopardize the health of others due to a communicable illness that is the cause of the public health emergency, To care for a family member when a public health official or the family members employer has determined that the family members presence at work or in the community would jeopardize the health of others due to a communicable illness that is the cause of the public health emergency, To care for a child or other family member whose school or child care provider is closed or unavailable due to a public health emergency, including when the school or place of care is physically closed but providing instruction remotely, When an employee is unable to work because of a health condition that may increase susceptibility or risk of a communicable illness that is the cause of the public health emergency. The requirement is delayed by one year for employers of 15 or less employees these employers must provide paid sick leave effective January 1 . Employers with Colorado employees should review their paid sick time policies and update if/where needed to ensure employees are able to use their paid sick leave accruals for all reasons outlined within Colorados Healthy Families and Workplaces Act. For more information, see U.S. Department of Labor Office of Wage and Hour Opinion Letter FMLA-2019-1-A. This rate is set through 2025 by Proposition 118, voted in by 57% of Coloradans as the authorizing vote of the people to create the FAMLI enterprise fund. The law also offers protection against retaliation. Colorado Clarifies the Obligation to Provide Public Health Emergency Employers will be able to request a refund for premiums paid in 2023, if their private plan has an effective date on or before January 1, 2024, and they submit an application for private plan approval on or before October 31, 2023. These include the need to bond with a new child, provide care for ones own serious illness or a family members, address specific safety needs related to domestic violence, sexual assault and stalking, or respond to military deployment and other military family needs. HOWEVER, the employees leave may be protected under FMLA if the employer is already covered by FMLA. While FAMLI is now law,the programs benefits have not yet gone into effect. Yes. In addition, employees of covered businesses are not eligible for leave under the FMLA until they have worked 1,250 hours in the past 12 months with their employer. Below is more information on some of the most common PHEL issues faced by employers. But the HFWA also allows PHEL when an employees employer determines that an employees presence at work or in the community would jeopardize the health of others. How do the HFWAs PHEL requirements differ from the paid leave requirements under the FFCRA? Phone: 303-318-8000, Division of Unemployment Insurance Making Sense of Colorado's New Wage and Hour and Paid Sick Leave As described earlier, FAMLI benefits are paid through a social insurance program funded by employer contributions and employee payroll deductions. What documentation can the employer request? PHEL under the HFWA is a supplement to employees accrued, unused PSL. However, while the FAMLI Act does not require a local government employer to maintain benefits in this situation, the terms of your specific benefits policies and/or other laws or regulations may require benefits to be maintained during paid family and medical leave. Paid Leave Under the Healthy Families and Workplaces Act, through December 31, 2020: 03/29/2022: 6B Paid Leave under the Healthy Families and Workplaces Act ("HFWA") 05/12/2023: 6C How Healthy Families and Workplaces Act Paid Leave Differs in 2020, 2021, and Beyond, and How It Differs from Federal Law, Prior Colorado Law, and Paid Family . You can create your own user account in My FAMLI+ Employer, and request access to your business account if your business has already been registered. 28 Employees can use accrued leave when a mental or physical illness, injury, or other health condition prevents them from working, or to obtai. The contributions made by that individual will remain in the social insurance pool after they retire or stop working in Colorado. Covered Industries: The HELP Rules apply to employers in leisure and hospitality, food services, child care, education at all levels (including related services such as cafeterias and transportation to, from, and on campuses), home health care (working with elderly, disabled, ill, or otherwise high-risk individuals), nursing homes, and community living facilities. As the employer, you are not responsible for the salary or wages while someone is on leave. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Leaves of Absence and Disability Accommodation, Colorado Emergency Rule Requires Up to 4 Paid Sick Leave Days for Employees with Flu-Like Symptoms Who Are Tested for COVID-19, Colorado COVID-19 HELP Rules Expand Covered Industries & Uses. Individuals can use FAMLI leave to take time away from work in order to: Yes. The employee's work is performed entirely within Colorado; The employee performs work both within and outside of Colorado, but the work performed outside of Colorado is incidental to the employee's work within Colorado, or is temporary or transitory and consists of isolated transactions; or. Denver, CO 80202-3660 The FAQs define covered industries, address what it means to "engage" in a covered industry, discuss employee notice and documentation requirements, and outline employer payment obligations. Premiums cannot be deducted retroactively. For more information about the FAMLI program including potential benefit amounts and length of leave, please visit famli.colorado.gov. While FAMLI and HFWA may have some areas where they overlap, the two laws are focused on different issues. The FAMLI program was designed to be able to run concurrently with the FMLA. No. . The Division is anticipated to launch this online portal ahead of January 1 2024. In Colorado, however, employers are required to offer PHEL to all employees as of January 1, 2021. Colorado passes Senate Bill 23-017, expanding upon the qualifying reasons employees may take leave under the Colorado Health Families and Workplaces Act (HFWA). Specifically, employees taking FAMLI leave are entitled . Yes, you can file on behalf of a family member if they're medically incapacitated, and/or you can file as a Designated Representative if you can prove with documentation that you are in fact a Designated Representative for the individual. 633 17th Street, Suite 201 Paid Sick Leave Requirements under the Healthy - Colorado Lawyer All employers must upload FAMLI Q2 2023 wage reports and pay premiums to avoid penalties. Were ready for your tomorrow because were built for it. (8) (a) (I) "PAID SICK LEAVE" MEANS TIME OFF FROM WORK THAT IS: COMPENSATED AT THE SAME HOURLY RATE OR SALARY AND WITH THE SAME BENEFITS, INCLUDING HEALTH CARE BENEFITS, AS THE EMPLOYEE NORMALLY EARNS DURING HOURS WORKED; AND PROVIDED BY AN EMPLOYER TO AN EMPLOYEE FOR ONE OR MORE OF THE PURPOSES DESCRIBED IN SECTIONS 8-13.3-404 TO 8-13.3-406. These laws also serve two distinct purposes, which is why workers need and deserve both. Public Health Emergency Paid Sick Leave In addition to the new paid-sick-leave law that just went into effect, all employers in Colorado have been obligated to provide. Employers must provide each employee enough additional PHEL so that every employee begins the public health emergency with 80 total hours of paid leave (or proportionately less for part-time employees).