The National Federation of Independent Business (NFIB) in Colorado has formally challenged a proposed rule from the Division of Family and Medical Leave Insurance. In comments submitted to the Division, NFIB State Director Michael Smith called for the withdrawal of the proposal, stating that it would bring more confusion than clarity to small business owners.
Smith outlined three main concerns with the proposed rule: he argued that its subject matter goes beyond the Division’s rulemaking authority, that it conflicts with existing statutes and could confuse small business owners, and that it would require employers to create redundant positions.
In his letter, Smith wrote: “The Division lacks the statutory authority to promulgate the proposed rule, which is needlessly complicated, vague, confusing, and requires small business owners to undertake burdensome steps to reinstate employees. To prevent this, NFIB recommends withdrawing the proposed rule. NFIB appreciates the opportunity to comment on the proposed rule and hopes that the Division will take seriously its obligation to provide clarity and stability for Colorado’s small businesses. Withdrawing the proposed rule will be a strong step toward that goal.”
The full text of Smith’s letter is available online.
NFIB’s Small Business Legal Center continues its advocacy work by representing small business interests in courts across the United States. The organization is currently involved in over 40 cases at both federal and state levels as well as before the U.S. Supreme Court.


