DENVER (Oct. 6, 2025) – The National Federation of Independent Business (NFIB), Colorado’s leading small business advocacy association, filed comments challenging a proposed rule by the Division of Family and Medical Leave Insurance. In the letter, NFIB State Director Michael Smith urges the Division to withdraw the rule to “provide clarity and stability for Colorado’s small businesses.”

Smith argues three main points: 1) the proposed rule’s subject matter exceeds the Division’s cited rulemaking authority, 2) the proposed rule conflicts with the statute and will confuse small business owners, and 3) the proposed rule forces small business owners to create duplicative jobs.

In the letter, Smith concludes:

“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.”

CLICK HERE to view the full letter.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.