[Editor's note: This section is effective upon proclamation of the governor for the votes cast November 3, 2020.] (1) Except as provided in section 8-13.3-515 (2), if an employer has made advance payments to an employee that are equal to or greater than the amount required under this part 5, during any period of paid family and medical leave for which such employee is entitled to the benefits provided by this part 5, the employer is entitled to be reimbursed by the fund out of any benefits due or to become due for the existing paid family and medical leave, if the claim for reimbursement is filed with the fund prior to the fund's payment of the benefits to the employee.
If an employer that provides family and medical leave insurance benefits through aprivate plan approved pursuant to section 8-13.3-521 makes advance payments to an employee that are equal to or greater than the amount required under this part 5, during any period of paid family and medical leave for which such employee is entitled to the benefits provided by this part 5, the entity that issued the private plan shall reimburse the employer out of any benefits due or to become due for the existing paid family and medical leave, if the claim for reimbursement is filed with the entity that issued the private plan prior to the private plan's payment of the benefits under the private plan to the employee.
The director, by rule, shall establish a process for reimbursements under this section.
Source: Initiated 2020: Entire part added, Proposition 118, effective upon proclamation of the Governor.
Editor's note: This section was originally numbered as 18-13.3-415 in Proposition 118 but was renumbered on revision for ease of location.