Notice of Adoption - Bulletin B-4.126 Concerning Substitution of Fully-Insured Private Insurance Plan Coverage for the Colorado State Family and Medical Leave Insurance Benefits

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The Division would like to provide notice that the Commissioner has adopted the following new bulletin:

Colorado voters approved the Paid Family and Medical Leave (PFML) Insurance Program, Proposition 118, in November 2020, creating a Paid Family and Medical Leave Insurance (FAMLI) program. The Division of Family and Medical Leave Insurance (FAMLI Division) within the Colorado Department of Labor and Employment (CDLE) will collect insurance premiums from both Colorado employers and employees in order to create the Family and Medical Leave Insurance Fund, which will pay benefits directly to workers when they are on FAMLI leave. The FAMLI program will start providing benefits to employees beginning January 1, 2024.

Pursuant to § 8-13.3-521, C.R.S., employers may apply to the FAMLI Division to request to substitute coverage with a fully-insured private insurance plan to meet their benefit obligations to employees. The purpose of this bulletin is to clarify the Division of Insurance's (Division) role and the insurance product filing process for fully-insured private plans that Colorado employers will be allowed to select to provide paid family and medical leave, in accordance with § 8-13.3-521(2)(c), C.R.S. The FAMLI Division must approve an employer’s use of a fully-insured private insurance plan.

This bulletin was adopted on December 15, 2022. 

This bulletin, and other Division bulletins, can be found on the Division's Colorado Insurance Bulletins website.

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