7 Colo. Code Regs. § 1107-7.4

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

Section 7 CCR 1107-7.4 - Employment Agencies

1. When an employee is employed by an employment agency and the employment agency's client ("client employer"), both employers are responsible for compliance with the FAMLI Act.

2. Employees who are employed by both an employment agency and a client employer must be counted by both employers to determine employer status, and premium liability under the FAMLI Act and its implementing regulations, regardless of whether the employee is maintained on one or both of the employers' payrolls. However, only one of these parties need pay premiums pursuant to the agreement between the employment agency and the client employer.

3. Under these Rules, employment agencies are responsible for the following:

A. Providing the required notice under C.R.S. § 8-13.3-511 to its employees;

B. Maintaining any health care benefits during the family and medical leave benefit period as described by section C.R.S. § 8-13.3-509(2);

C. Restoring an eligible employee to an equivalent position upon return from family and medical leave; and

D. Maintaining all records by the FAMLI Act and its implementing regulations with respect to their employees.

4. Under these Rules, client employers are responsible for the following:

A. Keeping basic payroll and personnel records with respect to any such employees; and

B. Complying with the anti-retaliation and anti-interference provisions of C.R.S. § 8-13.3-509(4).

5. Employment agencies shall meet all of their obligations under the FAMLI Act even when their client employer is not in compliance with the law or does not provide support to the employment agency in meeting these responsibilities.

6. For purposes of calculating 180 days of employment pursuant to C.R.S. 8-13.3-509(1), an employment agency shall not include as part of its calculation any days on which a covered individual was awaiting a work assignment in a staffing pool.

7 CCR 1107-7.4

46 CR 12, June 25, 2023, effective 7/15/2023

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

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