Colorado Family and Medical Leave Insurance (FAMLI)

Quick Facts

• Benefit amount: Up to 90% of the worker’s average weekly wage, capped at $1,280 per week in 2025.
• Duration: Up to 12 weeks of paid family or medical leave; an extra 4 weeks for pregnancy or childbirth complications.
• Funding: Shared employee and employer payroll contributions totaling 0.9% of wages in 2025 (employers with fewer than 10 employees contribute only the employee share).
• Administration: FAMLI Division of the Colorado Department of Labor and Employment (CDLE) processes applications through the My FAMLI+ Employer portal.
• Job protection: Applies to workers employed at least 180 days by the employer when they start leave, provided the employer has at least 50 employees.

Program Overview

Colorado’s FAMLI program launched benefit payments in 2024, offering statewide paid leave for personal medical issues, family caregiving, and bonding with new children. The program applies to nearly all Colorado employees, including part-time and seasonal workers. Self-employed individuals and gig workers can opt in by paying both shares of contributions.

The FAMLI Division manages claims centrally. Employees coordinate with their employers to schedule leave while submitting benefit applications to the state. Employers can offer private plans if they meet or exceed FAMLI benefits and receive approval from CDLE. Workers covered by approved private plans apply through their employer rather than the state portal.

Covered Reasons

1. Serious health condition of the employee.
2. Bonding with a child within the first year of birth, adoption, or foster placement.
3. Care for a family member with a serious health condition. Family members include spouse, domestic partner, child, parent, parent-in-law, sibling, grandparent, grandchild, or anyone with a significant personal bond akin to family.
4. Military exigency leave for matters arising from the active duty of a family member.
5. Safe leave to address circumstances related to domestic violence, stalking, or sexual assault.

Eligibility Requirements

• Monetary threshold: Earned at least $2,500 in wages subject to FAMLI premiums during the base period (first four of the last five completed quarters) before the claim.
• Employment relationship: W-2 employees are automatically covered. Self-employed individuals can opt in for three-year periods.
• Notice: Provide written notice to your employer 30 days in advance if foreseeable, including the reason and duration. If not foreseeable, notify as soon as practicable.
• Documentation: Submit supporting documents verifying the qualifying event.

Benefit Calculation

• Average weekly wage (AWW): Calculated using wages during the base period.
• Benefit formula: 90% of the portion of AWW that is less than or equal to 50% of the state average weekly wage, plus 50% of the portion above that amount. The maximum weekly benefit is $1,280 in 2025.
• Payment schedule: Benefits are issued weekly after claim approval and receipt of weekly certifications.
• Intermittent leave: Allowed in increments of at least one hour. Benefits are prorated based on leave hours claimed.

Application Process

1. Notify employer. Provide a written notice describing the leave reason and expected duration. Employers can request documentation.
2. Create an account on the FAMLI portal. Access the My FAMLI+ Employer system to start your claim.
3. Complete the application. Provide employment history, wages, and leave schedule. Select the leave type and upload supporting documentation.
4. Submit certification. For medical or caregiving leave, have a healthcare provider complete the Serious Health Condition Certification (Form FAMLI-MED). For safe leave, provide police reports, restraining orders, or other documentation.
5. Employer verification. FAMLI contacts your employer to confirm employment and coordinate scheduling. Employers must respond within 5 business days.
6. Determination. You’ll receive an eligibility decision. If approved, submit weekly benefit requests to receive payments.

Documentation Checklist

• Government-issued ID.
• Pay stubs or wage statements (if needed to verify wages).
• Medical certification with diagnosis, treatment plan, and expected duration.
• Birth certificate, adoption paperwork, or foster placement letter for bonding claims.
• Military orders or documentation of qualifying exigency events.
• Safe leave documentation such as police reports, court orders, or statements from a victim services organization.

Job Protection and Employer Responsibilities

• Job protection: Workers employed for at least 180 days by an employer with 50 or more employees are entitled to job protection, continued health insurance, and restoration to the same or equivalent position.
• Smaller employers: Employers with fewer than 50 employees are not required to offer job protection but must still remit premiums and allow access to benefits. Employees should negotiate return-to-work plans in writing.
• Health insurance: Employers must maintain coverage during leave for protected employees. Employees must continue paying their share of premiums.
• Anti-retaliation: Employers cannot discipline or interfere with employees exercising FAMLI rights. Penalties include fines and repayment of lost wages.

Coordinating with Other Benefits

• Paid time off: Employers may allow the use of accrued PTO to supplement FAMLI benefits. Total pay cannot exceed 100% of wages.
• Short-term disability: You may receive both benefits if policies allow, but ensure total pay doesn’t surpass regular wages and report any supplemental income to FAMLI.
• Unemployment insurance: Not available while claiming FAMLI benefits.
• Workers’ compensation: FAMLI benefits cannot duplicate wage replacement for the same injury covered by workers’ compensation.

Strategies for Maximizing Benefits

1. Plan around base period: If you recently increased earnings, consider scheduling leave once higher wages fall within the base period.
2. Coordinate with partner or family: Multiple family members can use FAMLI to care for the same individual. Stagger leave to extend support.
3. Use intermittent leave strategically: For chronic conditions or therapy appointments, intermittent scheduling keeps you connected to work while still receiving benefits.
4. Request tax withholding: FAMLI benefits are subject to federal income tax. Elect withholding through the portal.
5. Keep a documentation log: Record submission dates, confirmation numbers, and correspondence to resolve issues quickly.

Common Mistakes to Avoid

• Incomplete medical certification: Ensure providers include all required sections, signatures, and contact information.
• Missing notice requirements: Failing to inform your employer can lead to delays or disciplinary action under company policies.
• Late weekly certifications: Submit benefit requests promptly; late submissions can be denied.
• Ignoring return-to-work coordination: If you plan a gradual return, discuss schedules early to avoid misunderstandings.

Appeals Process

If denied, request a redetermination within 15 days of the notice. Provide additional documentation addressing the denial reason. If still denied, file an appeal with the CDLE Appeals Section within 10 days of the redetermination. Hearings are typically held by phone. Further appeals can go to the Industrial Claim Appeals Office and Colorado courts.

Example Scenarios

• Postpartum recovery: Lila used six weeks of medical leave for childbirth recovery followed by 12 weeks of bonding. Her employer supplemented the unpaid waiting week with PTO, and she coordinated insurance premiums through payroll.
• Caregiver for parent: Omar’s mother had a stroke. The hospital certified a 10-week recovery period requiring daily assistance. Omar used FAMLI benefits while his siblings took turns providing care.
• Safe leave: Taylor experienced domestic violence and used FAMLI safe leave to secure a protective order and relocate. Police reports and a statement from a shelter advocate supported the claim.

Resources

• Colorado FAMLI program
• Apply for benefits
• Employer resources
• FAMLI customer service: 866-CO-FAMLI
• Benefit calculator

Advanced Planning Tips

• Self-employed opt-in: Enroll during annual open enrollment and pay premiums quarterly. Maintain contributions for at least three years to remain eligible.
• Coordinate with Colorado Healthy Families and Workplaces Act: Use accrued paid sick leave to cover waiting periods or supplement benefits.
• Financial preparation: Estimate reduced income and adjust budgets, pause voluntary deductions, or seek community resources for utilities or childcare.
• Return-to-work transition: Plan check-ins with your employer to discuss accommodations, especially if the underlying health condition persists.