7 CCR 1107-3.11 - Employer Grievances

1. An employer may file a grievance with the Division if it has a good-faith belief, supported by evidence, that the Division has granted and/or paid family and medical leave insurance benefits to a claimant in an amount, duration, or frequency beyond which the claimant is entitled to under the FAMLI Act and its implementing regulations.

2. The grievance must contain a detailed explanation of the employer's belief, and must include any evidence supporting that belief.

3. The Division will review all grievances in good faith, and may initiate an investigation as a result of the grievance.

4. If an investigation results in a change in the duration or frequency of a covered individual's paid family and medical leave insurance benefits, the Division will notify the covered individual and the covered individual's employer. If an investigation results in a change in the covered individual's wage replacement benefit amount, the Division will notify the covered individual, and the Division will also notify the employer if the covered individual's employer has made a valid request for benefit amounts in accordance with 7 CCR 1107-3, Section 3.8.9.

5. Excessive, frivolous, unsubstantiated, or bad-faith grievances may constitute discrimination, retaliation, and/or interference in violation of C.R.S. § 8-13.3-509.

Notes

7 CCR 1107-3.11

45 CR 18, September 25, 2022, effective 10/15/2022 46 CR 23, December 10, 2023, effective 1/1/2024