7 Colo. Code Regs. § 1107-5.9

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1107-5.9 - Notice to Employees of Private Plan Benefits and Administration

1. No later than thirty (30) days before the effective date of an approved private plan, an employer must deliver to each of its employees a written notice of its election and approval by the Division to offer a private plan in lieu of participating in the state plan. For an employee whose start date or Colorado transfer is later than thirty (30) days before the effective date of an approved private plan, an employer must deliver the written notice to the employee immediately upon hire or transfer.

2. The written notice may be delivered to the individual employee electronically, in person, or via mail.

3. The written notice must include:

A. The effective date of the approved private plan;

B. A description of the private plan's wage replacement benefits;

C. A description of the private plan's leave and employment protection benefits;

D. A description of how employee eligibility is determined;

E. A description of how any employee contributions are calculated and collected;

F. A description of how and when an employee may file a claim for benefits under the approved private plan;

G. A notification to the employee of the employee's appeal rights pursuant to the FAMLI Act, and if applicable, of the employee's optional alternative to appeal a benefits determination to the private plan administrator;

H. Contact information for the FAMLI Division and the plan administrator; and

I. A notification to the employee of the employee's rights under C.R.S. § 8-13.3-509.

4. In addition to delivering the written notice to each of its employees localized in Colorado, an employer must post a notice containing the same information.

A. The notice must be posted in a conspicuous and accessible place in each establishment where employees are employed.

B. The notice must be in English, Spanish, and any language that is the first language spoken by at least five percent of the employer's Colorado workforce.

C. If the employer does not maintain a physical workplace, or an employee works remotely, the employer may satisfy the posting requirement by sending the notice via email or through a conspicuous posting in a web-based or app-based platform that the employee regularly uses.

5. If the Division determines that an employer has violated any part of Section 5.9 of these rules, the Division may assess upon the employer a fine of up to $500.00.

7 CCR 1107-5.9

45 CR 23, December 10, 2022, effective 12/30/2022

46 CR 23, December 10, 2023, effective 1/1/2024

47 CR 23, December 10, 2024, effective 1/1/2025