HomeMy WebLinkAbout22-97 Declining Participation in Colorado Family & Medical Leave Insurance Program 10-26-2022RESOLUTION NO.22-97
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, DECLINING PARTICIPATION IN THE COLORADO FAMILY AND
MEDICAL LEAVE INSURANCE PROGRAM
WHEREAS, in November of 2020, Colorado voters approved Proposition 118, which established the
State Paid Family and Medical Leave Insurance Program ("FAMLI"), which is codified at C.R.S. See 8-
13.3-522 ct seq., and administered by the Colorado Department of Labor and Employment, Division of
FAMLI; and
WHEREAS, FAMLI provides Colorado workers with a maximum of 12 weeks per year paid leave from
work to take care of themselves or fancily members for life events such as the birth, adoption or
placement of a child, serious health condition, qualifying exigency (military leave) and safe leave i.e.,
domestic violence; and
WHEREAS, under FAMLI, employers and their employees are both responsible for funding the program
with each party contributing 0.45% of the employees' annual wage with the employee's premium based
upon their wages in comparison to the weekly average of wages paid by employers within the State; and
WHEREAS, the premiums required for FAMLI will be collected commencing on January t, 2023, and
payment of benefits will commence on January 1, 2024; and
WHEREAS, as a local government the Town may decline to participate in FAMLI following a public
hearing and vote of the Town Board; and
WHEREAS, the Board has been informed by staff that the Town provides employees a broad set of
benefits including sick leave and both short -tern and long -tern disability along with statutory job
protections under the Family Medical Leave Act and the States Domestic Violence Leave Act; and
WHEREAS, should the Board decline to participate in the FAMLI Program employees may still
participate in FAMLI by providing notice to and submitting their required premium to the State which
will then provide the employee compensation for the qualifying events and circumstances; and
WHEREAS, staff recommends that the Town Board decline participation in FAMLI and also decline to
withhold and remit the employee share of premiums for Town employees who elect FAMLI coverage.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Public Hearing. The Board finds and determines that, with regard to the public hearing on the
decision of whether to decline participation in FAMLI, notice was given and the hearing was held on
October 26, 2022, in accordance with the regulations adopted by the Colorado Department of Labor and
Employment and codified at 7 CCR It 07-2.
Section 2. FAMLI Declination. The Board, acting by and on behalf of the Town of Firestone, hereby
declines participation in FAMLI, including declining to collect and remit employee premiums to the State
for those employees who elect coverage under FAMLI.
Section 3. Notification. The Town Manager is directed forthwith to register with the Division of
FAMLI's Online Employer Service System and upon completion of such task notify FAMLI on Town
letterhead of the Board's decision to decline participation in FAMLI including declining to collect and
remit employee premiums to the State for those employees who elect coverage under FAMLI.
INTRODUCED,
A EST: '" COUr'
Luna Gonzalez, Asst. Town Clerk
thisZUday ofoeitbC1, 2022.
TOViTt!1F I ONE, COLORADO
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Drew Alan Peterson, Mayor
APPROVED AS TO ORM:
Willi TTYYFMI, OTh Attorney