FAMLI Division Regulatory Update
After considering nearly 300 written and oral comments received on specific provisions of our benefits rules, we have revised and adopted 7 CCR 1107-3 Benefits and Employer Participation Requirements. The adopted rules will have an effective date of October 15, 2022, and a complete copy is now published on our rules page. Notable changes from the proposed version of the rules include but are not limited to:
- When using leave to “care for a new child,” benefits are limited to individuals standing in loco parentis to the child (previously listed as “legal parents.”)
- Deadlines for submitting an application for FAMLI benefits when the need for leave is unforeseeable have been extended to 30 days after the leave has begun (previously listed as seven days.)
- While formal appeal rights have been limited to the claimant applying for benefits, additional provisions were added to allow employers to file a grievance with the Division if it has a good-faith belief, supported by evidence, that the Division has granted FAMLI benefits to a claimant in an amount, duration or frequency beyond what the claimant is entitled or in a way that unduly disrupts the employer’s operations.
- Employers will now have an opportunity to request limited information regarding the amount and reason for leave where such information is strictly necessary for benefits coordination.
With the benefits rules now adopted, we anticipate filing our proposed private plan rules very soon. Once filed, our proposed rules will be published to our website, and the formal public comment period will open. We encourage you to submit your public comments by filling out this form or by participating in future public hearings. Notices of all public hearings will be posted on our rules page where you can also read all adopted and proposed rules and listen to past public hearings.