Employer Update
January 2023

Welcome to the Colorado Department of Labor & Employment's New Monthly Employer Email

This email contains critical information for Colorado employers. You received this email because you are registered in our Unemployment Insurance system. Please visit the CDLE website for additional information about programs.

Important Reminders About Responding to Fact Finding Documents from Unemployment Insurance

  • When CDLE receives a claim for unemployment benefits, we will notify any employer on the claim that is potentially chargeable. If you employed this person within the past 18 months, you could receive an Employer Questionnaire by mail or by email.
  • This questionnaire is your chance to explain job separation details, report other types of pay, and indicate job-attached status. The questionnaire will differ depending on the type of separation listed by the worker: lack of work, quit, or discharged.
  • This questionnaire is time sensitive and your response is needed within seven days from the date sent. 
  • You can also provide job separation information by enrolling online in the State Information Data Exchange System (SIDES)/E-response. This can be accessed via a link on your MyUI Employer account.  
  • If we need additional information about the separation, we will send you a follow-up custom fact finding questionnaire through MyUI Employer that is due back within 48 hours. If this document is not returned by the time and date indicated, the claims processor will issue a decision with the information from your initial questionnaire and information from the claimant. The US Department of Labor has set very tight timelines for processing claims, therefore, we are not able to provide additional time to respond. 
  • Documents in MyUI Employer that are not responded to by the deadline will become inactive — you will not be able to respond to them and they may disappear from view.

Unemployment Insurance Employer Account Updates & Reminders

  • Sign up for SIDES Electronic Notifications Through MyUI Employer — SIDES e-Response is an online tool for employers to quickly, accurately, and securely respond to state unemployment insurance requests. By registering with e-Response, you will receive job separation information requests and/ or monetary and potential charging notices. Sign up today in MyUI Employer (must must have an existing MyUI Employer account or create one). 
  • Earnings Verification Requests Now Available in SIDES — All employers who are signed up to receive job separations and/or potential charging notices in SIDES e-Response will now also automatically receive Earnings Verification Requests. These requests are sent when we need additional information from you in order to accurately determine wages earned by an employee. 
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FAMLI Deductions are Now Underway!

While FAMLI benefits won’t be available to employees until 2024, businesses have now started collecting premiums from January 1, 2023 through a simple payroll deduction. Most Colorado businesses are now required to begin deducting FAMLI premiums from all employees on their payroll, including full-time, part-time and seasonal. Employers cannot collect missed premiums from employees in later pay periods. It is important to know employees are never required to pay more than 50% of the total premium. Check out more details here.

Register Your Business in My FAMLI+ Employer!

My FAMLI+ Employer is the online employer services portal that Colorado businesses, third-party administrators (TPA’s) and local government employers will use to manage their FAMLI accounts. My FAMLI+ Employer will allow employers to report wage data, remit premium payments, apply for private plan approval and upload letters of declination votes.  While every employer will need to register, registration can be completed any time before your first premium payments and wage reports are due on April 30, 2023.
 
Visit
famli.colorado.gov to register today. There you’ll also find step-by-step user guides and how-to videos to support you through the registration process.

Introducing Our New How-To Video Series for Third Party Administrators (TPA’s)!

The FAMLI Division has gotten a lot of questions about the role of Third Party Administrators (TPAs) and employers who use them. If you missed FAMLI’s last live webinar on this topic, check out the two new How-To videos for TPA’s on famli.colorado.gov and FAMLI’s official YouTube Channel. FAMLI also has a dedicated page for TPAs to support TPAs and the employers they serve remain in compliance with the requirements of the FAMLI program.

If you work with a TPA who will be supporting your business with your FAMLI obligations, please talk with your TPA before you register with My FAMLI+ Employer. Many TPAs will be registering on behalf of the employers they serve, but not all of them. Your TPA will also be able to connect your account if you happen to register on your own before your TPA registers for you.

Action Required: You Must Notify Your Employees about FAMLI

Most Colorado workers are seeing their first FAMLI deductions come out of their paychecks. Employers must post the Required Program Notice and educate their staff about these deductions and the program benefits which will not be available until January 2024. We’ve created the following tools for businesses to help them prepare their staff. The Required Program Notice is now available in Spanish and 14 other languages!
2023 FAMLI Aviso del programa
2023 FAMLI Aviso del programa
FAMLI Talonario de paga
Talonario de paga
Guía del Programa FAMLI 2023 Para Empleados
GuÍa Del Programa FAMLI 2023 Para Empleados
Subscribe to the FAMLI newsletter to receive timely program updates and additional employer resources directly from the FAMLI Division.

New Registered Apprenticeship Program Directory

The CDLE Office of the Future of Work has launched a new and improved Registered Apprenticeship Program Directory to increase accessibility and usability of information about registered apprenticeship programs across Colorado. The Directory enhances your ability to connect with career seekers and other apprenticeship stakeholders to recruit and retain the best talent. CDLE encourages industry and business associations to promote the directory to association members and other interested parties. Questions can be directed to apprenticeship@state.co.us

New Registered Apprenticeship Program Directory

The Division of Workers' Compensation is seeking 1-2 minutes of your time for feedback that will help improve outreach and services to Colorado employers. This brief anonymous survey seeks to better understand employers, their awareness of workers' compensation, and their preferred ways to learn about legal requirements for businesses. The results will improve access to information that helps employers protect both their businesses and their employees. All responses are completely anonymous and confidential.
View Employer Survey

Public Health Emergency Leave is Still in Effect — Reduced to COVID Only From January 8, 2023! 

All Colorado employers, regardless of size or industry, still must give employees both (1) “accrued” paid sick leave (one hour per 30 hours worked, up to 48 hours a year), and (2) public health emergency (“PHE”) leave (two weeks — 80 hours, or less for part-time employees) under the Colorado Healthy Families and Workplaces Act (HFWA). Colorado’s 80-hour PHE leave is ongoing: It continues as long as a federal or state PHE is declared (C.R.S. § 8-13.3-402(9)) — and while state public health orders have been scaled back, currently federal and Colorado PHEs both remain declared.

As of January 8, 2023, the conditions covered by Colorado’s latest PHE declaration are COVID-related only. From November 11, 2022 until January 8, 2023, the conditions covered by Colorado's PHE declaration at the time include health needs related to not just COVID, but also flu, respiratory syncytial virus (“RSV”), and similar respiratory illnesses. Those with flu or RSV symptoms already were likely covered as having COVID symptoms — so a key impact of this expansion may be that coverage remains even if testing confirms someone has flu or RSV rather than COVID. The expansion beyond COVID doesn’t give employees an extra 80 hours for those conditions, it just means they can use their 80 hours for a broader range of conditions.

This 80-hour PHE leave will continue until four weeks after all applicable PHE declarations end or are suspended. Based on the current emergency declarations, PHE emergency leave will continue at least into May 2023, but will continue longer if either the federal or the state PHE declaration is renewed further into 2023. For more information on paid sick leave, please see the CDLE Division of Labor Standards and Statistics’ HFWA webpage.

2023 Updated Rules and Guidance from the Division of Labor Standards and Statistics: 

(1) The following rules were recently adopted and in effect as of January 1, 2023. All are linked on the Division’s rulemaking page: 
  • 2023 Publication And Yearly Calculation Of Adjusted Labor Compensation (2023 PAY CALC) Order 7 CCR 1103-14
  • Colorado Whistleblower, Anti-Retaliation, Non-Interference, And Notice-Giving Rules (“Colorado WARNING Rules”) 7 CCR 1103-11
  • Wage Protection Rules 7 CCR 1103-7
  • Prevailing Wage And Residency (PWR) Rules 7 CCR 1103-6 (formerly known as Keep Jobs in Colorado Act (KJICA) Rules)
(2) New published guidance is posted on the Division’s published guidance page, including new or updated INFOs (Interpretive Notice & Formal Opinions) issued in the past three months on several helpful topics, including the “Colorado Overtime & Minimum Pay Standards Order (COMPS Order) #38,” the Division’s “Wage Claim investigation Process,” Paid Sick Leave, “Agricultural Labor Rights and Responsibilities,” and “Deductions From, and Credits Towards, Employee Pay.”

(3) Updated versions of Colorado’s required workplace posters are posted on the Division’s published posters page and linked to on the Division’s homepage, ColoradoLaborLaw.gov
  • 2023 COMPS Order (Colorado Overtime and Minimum Pay Standards Order) poster & notice (on Colorado wage and hour law): The new version of this poster is updated with 2023 minimum wage and salary figures. 
  • Colorado Workplace Public Health Rights poster & notice (on Colorado paid leave & whistleblower law): There is no new version of this required poster; employers can continue to use the existing version last updated June 2022. For the details of employer posting and notice responsibilities, see page 7-8 of INFO #6B (linked above).

Looking for no-cost resources to meet your business needs?

Local workforce centers are staffed with dedicated business services professionals to help your business connect to a wide variety of tailored services. Below are just a few of many services available to meet your business needs:
  • Skills retraining for current or future employees 
  • Hiring events to recruit, interview, and hire for one or more positions
  • Assessment tools to evaluate specific skills desired in the hiring process 
  • Information about tax credits, incentive programs and wage-reimbursement opportunities 
  • Relevant seminars, focus groups, roundtable forums, and workshops
Contact a workforce center or reach out to melissa.robinson@state.co.us to be connected to a business services team in your area.

Do’s and Don’ts of Responding to Unemployment Insurance Claim Documents

Here are a few tips to ensure your UI documents are processed as quickly as possible:

DO:

✓ Use the online portal to respond to questionnaires, file an appeal, or upload supporting documentation as one complete document when possible, rather than faxing or mailing. Mailing/faxing will extend processing times. If you absolutely must fax a document, please use the fax number listed on the form you are responding to.

✓ Return the barcoded CDLE form with any supporting documentation, and put that form on the top! Please do this even when sending your own forms as the barcode tells us with which issue the documentation belongs.

✓ Include the Claimant ID number on any pages which are not a barcoded CDLE form.

✓ When returning multiple forms, make sure all pages are in the proper order with the CDLE barcoded form being on top of any supporting documentation for each form.

✓ If you are unable to return the CDLE  form, include the form’s Document ID on all pages. This can be found at the bottom left corner of the form.

✓ Report fraud online at https://cdle.colorado.gov/fraud-prevention rather than by mail or fax.

DON’T:

✗ When submitting documents by fax, include a cover page other than the CDLE barcoded form.

✗ Do not upload one page at a time for multiple page documents (submit as one complete document when possible).

✗ Return forms to report fraud.

✗ Add two claimants’ info on the same page.

Colorado Department of Labor and Employment

633 17th St, Denver, CO 80202

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