§ 8-13.3-515 — Reimbursement of advance payments

Colorado § 8-13.3-515

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Family and Medical Leave

Text

(1) Except as provided in
section 8-13.3-515 (2), if an employer has made advance payments to an employee
that are equal to or greater than the amount required under this part 5, during any
period of paid family and medical leave for which such employee is entitled to the
benefits provided by this part 5, the employer is entitled to be reimbursed by the
fund out of any benefits due or to become due for the existing paid family and
medical leave, if the claim for reimbursement is filed with the fund prior to the
fund's payment of the benefits to the employee.

(2) If an employer that provides family and medical leave insurance benefits
through a private plan approved pursuant to section 8-13.3-521 makes advance
payments to an employee that are equal to or greater than the amount required
under this part 5, during any period of paid family and medical leave for which such
employee is entitled to the benefits provided by this part 5, the entity that issued
the private plan shall reimburse the employer out of any benefits due or to become
due for the existing paid family and medical leave, if the claim for reimbursement is
filed with the entity that issued the private plan prior to the private plan's payment
of the benefits under the private plan to the employee.

(3) The director, by rule, shall establish a process for reimbursements under
this section.

Legislative History

Source: Initiated 2020: Entire part added, Proposition 118, L. 2021, p. 4238, effective upon proclamation of the Governor, December 31, 2020.