Employer Update
March 2023

Welcome to the CDLE Colorado Employer Monthly 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 Colorado Department of Labor and Employment website for additional information about programs. 

Unemployment Voluntary Premium Payments Due by March 14, 2023

Making a voluntary premium payment (VPP) may lower your unemployment rate in a calendar year and save your business money! If you know the business's estimated chargeable payroll for 2023, use the worksheet found here to determine whether or not making a VPP will lower your 2023 rate and the amount you will owe for UI Premiums throughout the year. If you owe past due premiums, or if you have not been assigned a rate code 1, you are not eligible for a VPP.

If you choose to make a voluntary premium payment, please send:
• A check made out to the Colorado State Treasurer noting on the memo it is a VPP
• A copy of Your Unemployment Insurance Rate Notice Form
• Form UITR-7a Voluntary-Payment Instructions Template that can be found here.

Please send this information to: Division of Unemployment Insurance, Unemployment Insurance Employer Services - Liability Unit, P.O. Box 8789, Denver, CO 80201-8789.

Important Reminders About Responding to Fact Finding Documents from Unemployment Insurance

  • When CDLE receives an unemployment benefits claim, we will notify any employer that is potentially chargeable. If you employed this person within the past 18 months, you could receive an Employer Questionnaire by mail or email.
  • This questionnaire is your chance to explain job separation details, report other types of pay, and indicate job-attached status. 
  • 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 additional information about the separation is required, you will be sent a follow-up custom fact finding questionnaire through MyUI Employer. If this document is not returned within 48 hours, the claims processor will issue a decision based on information from the claimant and from your initial questionnaire. The US Department of Labor has set very tight timelines for processing claims, therefore, we are not able to provide additional response time. 
  • Failing to respond to MyUI Employer documents within deadlines will render them inactive. You will not be able to respond to them, and they may disappear from view.

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, monetary and potential charging notices, earnings verification requests and now claim determination letters.  All employers who are signed up to receive SIDES requests and notices via E-Response will now automatically receive Determinations and Decisions.  Sign up today in MyUI Employer (you must have an existing MyUI Employer account or create one to sign up for SIDES).

Benefits of SIDES E-Response:
  • Speeds up response time
  • Reduces follow-up time and phone-calls
  • Allows attachment of supporting documentation
  • Reduces tax rates, improper payments and overpayments
  • Ensures accuracy on claimant eligibility decisions
  • Includes data checks to ensure the exchange of complete and valid information

State Apprenticeship Agency Rulemaking 

The Office of the Future of Work (OFW) will begin rulemaking for the State Apprenticeship Agency (SAA) and will file notice of proposed rulemaking no later than March 31, 2023. Employers who are interested and participate in SAA Rulemaking will be a part of shaping the future of registered apprenticeship in Colorado. Stakeholders interested in following along can obtain more information on the Apprenticeship Colorado website or learn more about the legislative process by bookmarking the SAA Bill Tracker. To receive notices of rulemaking from the SAA, please sign up here.
Employers interested in starting or joining a Registered Apprenticeship Program can reach out to the Apprenticeship Colorado team or email apprenticeship@state.co.us for more information and customized assistance.
""

FAMLI Payroll Deductions Are Underway!

Most Colorado workers are seeing changes on their paychecks this year, as payroll deductions are now underway!
As of January 1, 2023, Colorado employers and employees started contributing to the new FAMLI program. The contributions are building the fund that will eventually provide Coloradans wage replacement benefits during life circumstances that pull them away from their jobs. This time next year, Coloradans will be able to receive paid leave for things like bonding with a new child, taking care of a loved one with a serious health condition, or preparing for a loved one’s military deployment.
All Colorado employers are required to register with the Division before the first wage reports and premium payments are due on April 30, 2023. 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. If your business hasn’t registered yet, you can get started with step-by-step user guides and how-to videos on our My FAMLI+ Employer page.

Upcoming FAMLI Events

The FAMLI Division is hosting a series of virtual town halls, and the next session is on Tuesday, Mar. 21 in English from 11:30 a.m. - 12:30 p.m. and again in Spanish from 3:30 - 4:30 p.m. on the same day. Participants can join online or over the phone. Please RSVP in order to receive a reminder with dial-in instructions before the session. Recordings of February’s Town Halls and slide decks are posted on famli.colorado.gov along with upcoming dates:
Don’t forget to subscribe to the FAMLI newsletter for up-to-date information on upcoming webinars, Facebook Live sessions and more!

Important information for Self-Employed Workers

The FAMLI Division has recently received a lot of questions about self-employed workers in Colorado. Self-employed individuals and independent contractors will have access to FAMLI benefits, but their participation in the program is optional. If you are considered as a self-employed individual and decide to opt into FAMLI, you must agree to participate by paying premiums and reporting your income for a minimum of three years. 
Self-employed workers can opt in once benefits become available in 2024. No action is required until then.

What if you do not want to participate as a self-employed worker?

Self-employed individuals who do not wish to participate in FAMLI do not need to take any action to opt out of the program. You do not need to register in order to opt out. You will only need to register in order to voluntarily opt in and commit to paying premiums for three years once you can self-elect coverage in 2024.
We have more details on how self-employed workers count their earnings on our Individuals & Families page, and you can check out this blog post on self-employed individuals.

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

All Colorado employers, regardless of size or industry, 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). Currently, the conditions covered by Colorado’s latest PHE declaration are COVID-related only. For more information on paid sick leave, please see the CDLE Division of Labor Standards and Statistics’ HFWA webpage.

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

RULES: 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
  • Colorado Whistleblower, Anti-Retaliation, Non-Interference, And Notice-Giving Rules (“Colorado WARNING Rules”) 
  • Wage Protection Rules 
  • Prevailing Wage And Residency Rules (formerly known as Keep Jobs in Colorado Act (KJICA) Rules)
GUIDANCES/INFOs: 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 four 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,” “Deductions From, and Credits Towards, Employee Pay,” and “Time Worked.”
POSTERS: 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. The 2023 COMPS Order is updated and employers may continue to use the Colorado Workplace Public Health Rights last updated June 2022.

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

Unsubscribe - Unsubscribe Preferences