7 CCR 1107-3.13 - [Effective until 7/1/2025] Disqualification from Benefits
1. If the Division
determines that a covered individual has willfully made a false statement or
misrepresentation regarding a material fact in order to obtain family and
medical leave insurance benefits, or has willfully failed to report a material
fact in order to obtain family and medical leave insurance benefits, the
covered individual will be disqualified from family and medical leave insurance
benefits for one year after the effective date of the
disqualification.
2. The Division
will notify the claimant of any disqualification of benefits, and the claimant
may appeal the disqualification in accordance with 7 CCR 1107-9.
3. If the claimant does not appeal the
disqualification, the effective date of the disqualification shall be the
earlier of:
A. The day after the appeal
deadline; or
B. The day the
Division receives notification from the claimant of the claimant's decision not
to contest the disqualification.
4. If the claimant does not appeal the
disqualification, or if the Division upholds the claimant's disqualification
upon appeal, the Division will notify the claimant's employer or employers of
the disqualification.
5. If the
Division or a court upholds the claimant's disqualification upon appeal, the
effective date of the disqualification shall become the date of the decision or
order upholding the initial disqualification
6. If a claimant is disqualified from family
and medical leave insurance benefits, the claimant's employer or employers
remain obligated to remit premiums for the claimant in accordance with the
FAMLI Act, and remain entitled to require premium contributions from the
employee in accordance with the FAMLI Act.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
1. If the Division determines that a covered individual has willfully made a false statement or misrepresentation regarding a material fact in order to obtain family and medical leave insurance benefits , or has willfully failed to report a material fact in order to obtain family and medical leave insurance benefits , the covered individual will be disqualified from family and medical leave insurance benefits for one year after the effective date of the disqualification.
2. The Division will notify the claimant of any disqualification of benefits , and the claimant may appeal the disqualification in accordance with 7 CCR 1107-9.
3. If the claimant does not appeal the disqualification, the effective date of the disqualification shall be the earlier of:
A. The day after the appeal deadline; or
B. The day the Division receives notification from the claimant of the claimant 's decision not to contest the disqualification.
4. If the claimant does not appeal the disqualification, or if the Division upholds the claimant 's disqualification upon appeal, the Division will notify the claimant 's employer or employers of the disqualification.
5. If the Division or a court upholds the claimant 's disqualification upon appeal, the effective date of the disqualification shall become the date of the decision or order upholding the initial disqualification
6. If a claimant is disqualified from family and medical leave insurance benefits , the claimant 's employer or employers remain obligated to remit premiums for the claimant in accordance with the FAMLI Act , and remain entitled to require premium contributions from the employee in accordance with the FAMLI Act .