WASHINGTON, October 18, 2022 –The ERISA Industry Committee (ERIC) yesterday responded to proposed rules issued by the Colorado Department of Labor and Employment’s Division of Family and Medical Leave Insurance (Division) implementing the Colorado Family and Medical Leave Insurance (FAMLI) Program.
In its letter to Division Director Tracy Marshall, ERIC urges the Division to correct several key provisions that threaten the ability of employers to provide more valuable paid leave benefits to workers via private plans that receive an exemption from the Colorado program under state law.
“ERIC member companies are at the forefront of designing and providing generous paid leave benefits that go above and beyond those offered by the new state program,” said James Gelfand, President of ERIC. “The proposed rules would create unnecessary costs and compliance challenges that could discourage employers from innovating and providing these generous benefits. We strongly urge the Division to follow our recommendations to simplify and streamline this critical exemption process.”
In the letter, ERIC recommends that the Division:
- Reduce proposed surety bond requirements to consider and reflect the premium payments already made by an employer to the state program
- Include an appeals process for employers who have had their application denied to meet with the Division, and remove duplicative administrative fees for reapplication by the same employer
- Eliminate redundant reporting requirements, such as the proposed annual private plan administration summary
- Clarify the private plan modification process by defining “minimal review” and “in-depth review,” and remove additional administrative fees based on the level of review required
- Eliminate the arbitrary limit on the duration of private plan approval or extend the duration of approval to reduce unnecessary renewal process costs
“ERIC is committed to shaping state policies that help employers provide meaningful paid leave benefits to their workforces and will continue to work with state policymakers to improve the Colorado FAMLI Program,” Gelfand said.
To read the full comments submitted by ERIC, visit its website here.