§ 8-13.3-516 — Family and medical leave insurance program

Colorado § 8-13.3-516

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

Text

(1) By January 1,
2023, the division shall establish and administer a family and medical leave
insurance program and begin collecting premiums as specified in this part 5. By
January 1, 2024, the division shall start receiving claims from and paying family and
medical leave insurance benefits to covered individuals.

(2) The division shall establish reasonable procedures and forms for filing
claims for benefits under this part 5 and shall specify what supporting
documentation is necessary to support a claim for benefits, including any
documentation required from a health-care provider for proof of a serious health
condition and any documentation required by the division with regards to a claim for
safe leave.

(3) The division shall notify the employer within five business days of a claim
being filed pursuant to this part 5.

(4) The division shall use information sharing and integration technology to
facilitate the disclosure of relevant information or records so long as an individual
consents to the disclosure as required under state law.

(5) Information contained in the files and records pertaining to an individual
under this part 5 are confidential and not open to public inspection, other than to
public employees in the performance of their official duties. However, the individual
or an authorized representative of an individual may review the records or receive
specific information from the records upon the presentation of the individual's
signed authorization.

(6) The director shall adopt rules as necessary or as specified in this part 5
to implement and administer this part 5. The director shall adopt rules including,
but not limited to:

(a) Confidentiality of information related to claims filed or appeals taken;

(b) Guidance on the factors used to determine whether an individual is a
covered individual's family member;

(c) The form and manner of filing claims for benefits and providing related
documentation pursuant to section 8-13.3-516 (2); and

(d) The form and manner of submitting an application with a claim for
benefits to the division or to the entity that issued a private plan approved pursuant
to section 8-13.3-521.

(7) Initial rules and regulations necessary for implementation of this part 5
shall be adopted by the director and promulgated by January 1, 2022.

Legislative History

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