Appeals FAQ

Appeals filed before December 5, 2024, were not carried over into the new My FAMLI+ appeals portal.For questions about appeals before this date, please send an email to CDLE_FAMLI_appeals@state.co.us.

A reconsideration is the first step to ask the FAMLI Division to re-evaluate a decision that was made on a benefits claim. These official decisions are typically sent to employers and claimants in the form of determination notices. Determination notices are sent by email, mail and available within My FAMLI+ and My FAMLI+ Employer. Claimants can request a reconsideration directly in their My FAMLI+ account.

In most cases, an appeal should be filed only after a reconsideration request.

Some decisions claimants can appeal include:

• The length of paid leave approved.
• A denial of their request for paid leave.
• The amount of their benefit payment.

Some decisions employers can appeal include:

• Their premium contribution amount
• Fees, fines or penalties imposed by the Division
• And various decisions made on one of their employee’s FAMLI claims

A party is any person or entity that might be affected by the outcome of an appeal and needs to be notified of its progress. Examples of “parties” include the benefits claimant, a designated representative, an employer, a private plan administrator etc. 

The appellant is the person or entity (the party) filing the appeal to dispute a decision or determination. For example, if a claimant files an appeal to dispute their leave duration approved by the FAMLI Division, they are the appellant, and the FAMLI Division is an appellee.

Appellees include the person or entity (the party) whose decision is being disputed in the appeal and an entity that might be affected if a determination is reversed or modified. For example, if a claimant files an appeal to dispute their benefit amount determined by the FAMLI Division, the FAMLI Division is an appellee, and the claimant is the appellant.

The Appeals Unit resolves appeals of FAMLI or Private Plan determinations. To accomplish this, the Appeals Unit sometimes holds status conferences, pre-hearing conferences, and/or evidentiary hearings to address disputed issues raised on appeal. Ultimately, it issues final orders to close appeals.

• The reason for the appeal (clear, detailed statement) 
• A copy of the decision being appealed (issued by FAMLI or the employer’s private plan). Claimants can find the determination notices relevant to their claims in My FAMLI+. 
• Supporting documentation

Confirmations are posted to My FAMLI+ appeals accounts. The Division also sends appellants a notification that the appeal was successfully filed.

The Appeals Unit reviews the appeal, and notifications are sent to the relevant parties by email and within My FAMLI+. Valid appeals are assigned as appropriate to a Hearing Officer, who may schedule a status conference and/or an evidentiary hearing with the parties.

A status conference is an informal discussion between the parties to an appeal in the presence of the Hearing Officer to clarify the issues and see if the appeal can be resolved without the need for an evidentiary hearing.

A Hearing Officer may schedule a prehearing conference to ensure the parties are prepared for an evidentiary hearing and to avoid unfair surprises, more specifically to:

1. ensure the parties understand what issues will be addressed;
2. address any evidentiary or witness issues and subpoenas;
3. set the date for the hearing; and
4. discuss deadlines to submit documents and witness lists.

This is a formal legal proceeding before a Hearing Officer in which the parties present sworn testimony and documents supporting their arguments on appeal. The Hearing Officer may issue a prehearing order to the parties prior to the hearing date.

This is an order sent out by the Hearing Officer that identifies what issues will be addressed in the evidentiary hearing, lists the deadlines for parties to exchange documents and a list of witnesses, and addresses any special circumstances related to the evidentiary hearing. 

Generally, the parties present their evidence and legal arguments to support their views of the facts and law. The Hearing Officer will:

• Identify the case and participants 
• Explain the issue(s) on appeal and the hearing procedure 
• Swear in parties and their witnesses 
• Admit into the record the relevant exhibits submitted prior to the hearing
• Allow the parties to present their case to the Hearing Officer and cross-examine the other parties’ witnesses

The Hearing Officer issues a “Hearing Officer Decision and Order” that explains the outcome of the hearing. This document also contains information on the parties’ appeal rights.

Yes, a party can seek judicial review in a Colorado district court. For more information about this process, parties should contact an attorney or contact the Colorado Judicial Branch at (303) 606-2300 or www.courts.state.co.us. 

If a conference or hearing has been scheduled in an appeal, the parties for that appeal will receive a hearing notice in the message center in the FAMLI+ Appeals Portal.

There are two ways that parties can connect for their virtual conference or hearing:

• They can access the scheduled hearing by navigating to the Court Hearings link on their dashboard in the FAMLI+ Appeals Portal. 
• Parties can attend the hearing via phone instead of GoogleMeet by calling the phone number provided in the hearing notification and entering the PIN provided in the hearing notification.

Parties should have all of their information ready at the time of the hearing. 

• The reason for your appeal (ie, a clear, detailed statement). 
• A copy of the decision under appeal (issued by FAMLI or the employer’s private plan). Claimants can find the determination notices relevant to their claims in My FAMLI+. 
• Supporting documentation.

Any party included in the appeal should appear. In addition, the following individuals may appear:

• Representative (attorney or non-attorney): A person designated by a party to represent them during the appeal process
• Witness: A person called by a party and who has relevant information about the issue being appealed
• Observer: A person the Hearing Officer permits to observe the conference or hearing after considering any objections raised by any party.

Written postponement requests should be submitted in the My FAMLI+ Appeals portal. Appeals must include case numbers.

Requests for accommodations should be filed in the appeals account in My FAMLI+ under the Activity tab. Interpreter requests go through the Request for Interpreter Form and in My FAMLI+.

Yes. Requests to withdraw or cancel an appeal can be sent under Activity tab in My FAMLI+.

It depends on the circumstances of each appeal.

In many instances, the conference or hearing may be canceled, with the absent party sent an Order to Show Cause for missing the hearing or conference. In some circumstances, the appeal may be dismissed. In other circumstances, the conference or hearing could proceed without you.

You can e-mail general questions to cdle_famli_appeals@state.co.us, but the Appeals Unit cannot provide legal advice.