7 CCR 1107-3.9 - [Effective until 7/1/2025] Division Review of Applications
1. After an
application is properly filed, the Division will adjudicate the claim within
two weeks after filing.
2. The
Division will contemporaneously notify the claimant and the employer of the
outcome of the adjudication, and will provide information on how the claimant
can appeal the outcome.
A. If the outcome is
a denial of benefits, the Division will send separate notices to the claimant
and to the claimant's employer or employers. The notice to the claimant will
explain the reason for the benefits denial and will identify information or
documentation necessary to perfect their claim for benefits. The notice to the
claimant's employer or employers will state that the claim for benefits has
been denied, include the date of the denial, and include a description of the
claimant's appeal rights.
B. If the
outcome of the adjudication is to award benefits, the Division will send
separate notices to the claimant and to the claimant's employer or employers.
Both notices will include the leave start date, the leave duration, any denied
segments of requested leave, the claimant's regular work schedule upon which
benefits were based, and where applicable, a description of any approved
reduced leave schedule or intermittent leave. The notice to the claimant will
also include the benefit amount. Upon the employer's valid request, the
Division will share with the employer the benefit amount and reason for leave,
in accordance with Section 3.8.9 of these rules.
3. If the Division awards benefits, it will
issue payment for the benefits within two weeks after the application is filed,
and where applicable, at least every two weeks thereafter.
4. For applications approved in advance of
the needed leave, the claimant must notify the Division once the leave
begins.
5. A claimant may appeal an
adverse claim determination pursuant to 7 CCR 1107-9.
6. An award of benefits does not preclude
future investigation or oversight by the Division.
7. It is the individual's burden to prove by
preponderance of the evidence that they are eligible for paid family and
medical leave benefits.
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. After an application is properly filed, the Division will adjudicate the claim within two weeks after filing.
2. The Division will contemporaneously notify the claimant and the employer of the outcome of the adjudication, and will provide information on how the claimant can appeal the outcome.
A. If the outcome is a denial of benefits , the Division will send separate notices to the claimant and to the claimant 's employer or employers. The notice to the claimant will explain the reason for the benefits denial and will identify information or documentation necessary to perfect their claim for benefits . The notice to the claimant 's employer or employers will state that the claim for benefits has been denied, include the date of the denial, and include a description of the claimant 's appeal rights.
B. If the outcome of the adjudication is to award benefits , the Division will send separate notices to the claimant and to the claimant 's employer or employers. Both notices will include the leave start date, the leave duration, any denied segments of requested leave, the claimant 's regular work schedule upon which benefits were based, and where applicable, a description of any approved reduced leave schedule or intermittent leave . The notice to the claimant will also include the benefit amount. Upon the employer 's valid request, the Division will share with the employer the benefit amount and reason for leave, in accordance with Section 3.8.9 of these rules.
3. If the Division awards benefits , it will issue payment for the benefits within two weeks after the application is filed, and where applicable, at least every two weeks thereafter.
4. For applications approved in advance of the needed leave, the claimant must notify the Division once the leave begins.
6. An award of benefits does not preclude future investigation or oversight by the Division .
7. It is the individual's burden to prove by preponderance of the evidence that they are eligible for paid family and medical leave benefits .