7 Colo. Code Regs. § 1107-1.5
Current through Register Vol. 47, No. 20, October 25, 2024
Section 7 CCR 1107-1.5 - Calculating Employer Size1. For determining employer size for the purpose of determining premium liability pursuant to C.R.S. § 8-13.3-507(5), an employee counts toward the total number of employees if they are employed in any state of the United States, the District of Columbia, or any territory or possession of the United States during 20 or more workweeks in the preceding calendar year. A person is considered "employed" during a workweek for the purpose of determining premium liability if: (1) they perform any work for the employer during the workweek; or(2) they are on any type of paid or unpaid leave during the workweek, and the employer has a reasonable expectation that the employee will later return to active employment, including leave taken under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301-4334.2. An employer's size for purposes of this rule will be calculated upon registration with the My FAMLI+ Employer portal and annually thereafter during the first calendar quarter of the year. Any change to premium liability as a result of a change in employer size will happen no more frequently than one time per calendar year.3. If the Division determines the employer's status has changed as it relates to premium liability, the Division will notify the employer as to their premium liability.44 CR 23, December 10, 2021, effective 1/1/202245 CR 23, December 10, 2022, effective 12/30/202246 CR 17, September 10, 2023, effective 1/1/2024