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Colorado FAMLI: Paid Family and Medical Leave Insurance (2024)

Colorado’s Paid Family and Medical Leave Insurance (FAMLI) provides up to 12 weeks of paid leave at 90% wage replacement (up to 16 weeks for certain medical conditions) when you need time off for your own serious health condition, to care for a family member, to bond with a new child, or for safe leave reasons. This is actual money from the state—not unpaid leave—and it started paying benefits on January 1, 2024.

FAMLI makes Colorado one of only a handful of states providing comprehensive paid family and medical leave. Unlike unpaid federal FMLA, FAMLI puts money in your pocket while you’re out on leave.

Understanding how FAMLI works, who qualifies, and how to apply helps you maximize your benefits while protecting your job and income.

What Is Colorado FAMLI?

FAMLI is Colorado’s state-run paid family and medical leave insurance program. It’s administered through the Colorado Division of Family and Medical Leave Insurance (FAMLI Division) and funded by payroll premiums paid by employers and employees.

FAMLI provides:

  • Partial wage replacement (up to 90% of your average weekly wage)
  • Up to 12 weeks of paid leave per benefit year
  • Up to 16 weeks for pregnancy complications or multiple qualifying events
  • Coverage for your own serious health condition, family care, baby bonding, safe leave, and military family needs
  • Protection from employer retaliation

FAMLI does NOT provide:

  • Job protection for employers with fewer than 10 employees
  • Full wage replacement (there’s a maximum weekly benefit)
  • Benefits for routine sick days or minor illnesses
  • Benefits if you’re receiving unemployment at the same time

Job Protection: Employers with 10 or more employees must provide job-protected leave when you use FAMLI. Smaller employers must allow leave but may not be required to hold your position.

Source: Colorado Revised Statutes §§ 8-13.3-501 to 8-13.3-523

Who Qualifies for FAMLI

FAMLI eligibility is based on whether you’ve worked in Colorado and earned enough wages, not on your employer’s size.

Basic Requirements

You qualify if you:

  • Worked in Colorado and your employer paid FAMLI premiums on your wages
  • Earned at least $2,500 during your “base period” (explained below)
  • Have a qualifying reason for leave (serious health condition, family care, bonding, safe leave, military)
  • Experience reduction or complete stoppage of work due to the qualifying reason

Who Pays FAMLI Premiums

Covered workers: Most Colorado employees working for employers with 1 or more employees

Premium rate (2024): 0.9% of wages

  • Employer pays: At least 50% (0.45%)
  • Employee pays: Up to 50% (0.45%)

Check your pay stub for “FAMLI” deductions. If you see this deduction, you’re covered.

Exempt workers:

  • Federal employees
  • Independent contractors (1099 workers) – unless they opt in
  • Certain local government employees
  • Self-employed individuals – unless they opt in

Base Period Wages

You must have earned at least $2,500 during your base period.

Base period: The first four of the last five completed calendar quarters before you file your FAMLI claim.

Example: If you file a claim in January 2025:

  • Base period = January 2024 through December 2024 (4 quarters)
  • You need $2,500+ in total wages during those 4 quarters

If you worked full-time or part-time for most of the past year in Colorado, you almost certainly meet this requirement.

Self-Employed and 1099 Workers

Self-employed individuals and independent contractors can opt into FAMLI by:

  • Registering with the FAMLI Division
  • Paying both the employer and employee share of premiums (0.9% total)
  • Maintaining coverage for at least 3 years

Once opted in, you can access FAMLI benefits just like W-2 employees.

What FAMLI Covers: Qualifying Reasons

Colorado FAMLI covers five categories of leave—more than most state paid leave programs.

1. Your Own Serious Health Condition

Take paid leave for your own physical or mental health condition that requires:

  • Inpatient care in a hospital, hospice, or residential care facility, OR
  • Continuing treatment or supervision by a healthcare provider

Examples:

  • Surgery and recovery
  • Cancer treatment
  • Pregnancy complications
  • Mental health conditions requiring ongoing treatment
  • Chronic conditions (diabetes, asthma) during periods requiring time off work

Not covered: Routine doctor appointments, cosmetic procedures not medically necessary, common colds/flu

Special rule for pregnancy: Pregnancy complications qualify. Normal, uncomplicated pregnancy may qualify if it prevents you from working. Pregnancy-related leave can extend up to 16 weeks instead of the standard 12.

2. Caring for a Family Member with a Serious Health Condition

Take paid leave to care for a family member who has a serious health condition.

Covered family members:

  • Child (biological, adopted, foster, stepchild, legal ward, or child you stand in loco parentis)
  • Parent (biological, adoptive, foster, stepparent, legal guardian, or person who stood in loco parentis when you were a minor)
  • Spouse or domestic partner
  • Grandparent
  • Grandchild
  • Sibling (includes half-siblings, step-siblings)

What “care” means:

  • Providing physical care or psychological comfort
  • Arranging for third-party care
  • Attending medical appointments
  • Managing insurance and benefits related to family member’s care

Example: Your father has a stroke and needs full-time care during recovery. You can take up to 12 weeks of FAMLI to care for him while receiving up to 90% wage replacement.

3. Bonding with a New Child

Take paid leave to bond with a new child within the first 12 months of:

Birth

  • Biological parents (both mother and father)
  • Pregnancy/childbirth recovery is separate from bonding leave

Adoption

  • Adoptive parents can take bonding leave

Foster Care Placement

  • Foster parents can take bonding leave

Both parents get leave: If both parents work in Colorado and pay FAMLI premiums, each parent gets up to 12 weeks for bonding with the same child. That’s 24 weeks total of wage replacement for the family.

Timing: Must take leave within 12 months of the child’s birth or placement.

Example: Maria gives birth in February 2025. She can take up to 12 weeks of FAMLI bonding leave anytime before February 2026. Her husband can also take up to 12 weeks.

4. Safe Leave

Take paid leave if you or a family member is a victim of domestic violence, stalking, sexual assault, or harassment.

Safe leave can be used for:

  • Seeking medical attention or mental health counseling
  • Obtaining victim services
  • Relocating or securing your home
  • Seeking legal assistance or participating in legal proceedings
  • Attending court hearings related to the incident

Family members covered: Same broad definition as family care (child, parent, spouse, domestic partner, grandparent, grandchild, sibling)

Privacy protection: Your employer doesn’t need to know the specific details of the abuse. You only need to certify that you’re taking safe leave for a qualifying reason.

Example: Sarah is experiencing domestic violence. She uses 3 weeks of FAMLI safe leave to relocate to a safe location, obtain a protection order, and attend court hearings.

5. Military Family Leave

Take paid leave for qualifying exigencies arising from a family member’s military deployment.

Covered family members: Spouse, domestic partner, child, or parent on active duty or called to active duty in the Armed Forces

Qualifying exigencies:

  • Short-notice deployment (notification within 7 days)
  • Military events and related activities
  • Childcare and school activities
  • Financial and legal arrangements
  • Counseling
  • Rest and recuperation (up to 15 days)
  • Post-deployment activities
  • Additional activities agreed upon by employer and employee

Note: Caring for a service member with a serious injury or illness falls under family care (category 2), not military exigency leave.

How Much FAMLI Pays: Benefit Amounts

FAMLI provides partial wage replacement—not your full salary—calculated as a percentage of your average weekly wage.

Wage Replacement Rate

Up to 90% of your average weekly wage, depending on your earnings:

For lower earners:

  • 90% of wages up to 50% of the state average weekly wage

For higher earners:

  • 90% of wages for the first portion (up to 50% of state average weekly wage)
  • 50% of wages above that threshold

2024 Maximum Weekly Benefit: $1,100 per week

This sliding scale ensures lower-wage workers receive higher replacement rates.

Calculating Your Weekly Benefit

Step 1: Calculate your average weekly wage

  • Total wages during base period ÷ number of weeks in base period

Step 2: Apply the replacement rate formula

  • 90% of wages up to $783/week (50% of $1,566 state average weekly wage for 2024)
  • 50% of wages from $783 to $3,132/week

Step 3: Cap at maximum

  • Benefits capped at $1,100/week (2024 figure, adjusted annually)

Examples

Example 1 – Lower Wage Worker:

  • Average weekly wage: $600
  • FAMLI benefit: $600 × 90% = $540/week

Example 2 – Middle Wage Worker:

  • Average weekly wage: $1,200
  • Calculation: ($783 × 90%) + ($417 × 50%) = $704.70 + $208.50 = $913.20/week

Example 3 – Higher Wage Worker:

  • Average weekly wage: $2,500
  • Calculation: ($783 × 90%) + ($1,717 × 50%) = $704.70 + $858.50 = $1,563.20
  • Capped at maximum: $1,100/week

Example 4 – Very High Wage Worker:

  • Average weekly wage: $4,000
  • Calculation: Would exceed cap
  • Actual benefit: $1,100/week (maximum)

Benefit Duration

Standard leave: Up to 12 weeks (84 days) per benefit year

Extended leave: Up to 16 weeks (112 days) if:

  • Pregnancy or childbirth complications require additional leave, OR
  • You have multiple qualifying events (e.g., your own health condition + caring for family member)

Benefit year: Rolling 12-month period measured backward from when you start taking FAMLI leave

Example: You take 8 weeks for your own serious health condition in March 2025. Later that same benefit year (by March 2026), you could take up to 4 more weeks for another qualifying reason (total: 12 weeks).

Job Protection Under FAMLI

Whether your job is protected while on FAMLI depends on your employer’s size.

Employers with 10+ Employees

Full job protection: You have the right to:

  • Return to your same position, OR
  • Return to an equivalent position with equivalent pay, benefits, and working conditions

Continued benefits: Your employer must maintain your health insurance during FAMLI leave on the same terms as if you were working.

No retaliation: Your employer cannot fire, demote, or discriminate against you for taking FAMLI leave.

Employers with Fewer Than 10 Employees

No job protection requirement: Small employers (1-9 employees) must allow you to take FAMLI leave, but they’re not required to hold your position or maintain benefits.

Check with employer: Even without a legal requirement, some small employers voluntarily provide job protection. Ask your HR department.

Still covered for benefits: You can still receive FAMLI wage replacement even if your job isn’t protected.

Retaliation Protection (All Employers)

All employers—regardless of size—cannot retaliate against you for:

  • Taking FAMLI leave
  • Applying for FAMLI benefits
  • Opposing FAMLI violations
  • Participating in FAMLI proceedings

Retaliation includes: Termination, demotion, pay reduction, harassment, or any adverse action because you exercised your FAMLI rights.

Penalties for retaliation: Employers who retaliate face civil penalties, back pay obligations, reinstatement orders, and potential damages.

How to Apply for FAMLI Benefits

Applying for FAMLI involves submitting an application to the FAMLI Division, not your employer.

Before You Apply: Notify Your Employer

Give advance notice when possible:

  • Foreseeable leave (planned surgery, scheduled childbirth): At least 30 days advance notice
  • Unforeseeable leave (emergency, unexpected illness): As soon as practicable

How to notify: Written notice (email, letter) to your supervisor or HR department explaining:

  • You’re taking FAMLI leave
  • The reason (general category, not detailed medical information)
  • Expected duration
  • Expected start and end dates (if known)

Employer cannot require approval: FAMLI is a state insurance program. Your employer doesn’t “approve” or “deny” your leave—the FAMLI Division determines eligibility.

Step 1: Create a MyFAMLI+ Account

Visit MyFAMLI+ online portal: famli.colorado.gov

Create account:

  • Provide personal information
  • Set up login credentials
  • Verify identity

MyFAMLI+ allows you to:

  • Submit applications
  • Upload required documentation
  • Track application status
  • Manage payments

Step 2: Complete Your Application

Information needed:

  • Personal information (name, address, Social Security number)
  • Employment information (employer name, dates of employment, wages)
  • Reason for leave (which of the 5 qualifying categories)
  • Expected leave dates and duration

Required documentation varies by leave type:

Your own health condition:

  • Medical certification from healthcare provider confirming serious health condition and need for leave

Family member care:

  • Medical certification for family member’s serious health condition
  • Documentation of your relationship to family member

Bonding leave:

  • Birth certificate (for newborn)
  • Adoption or foster placement documents

Safe leave:

  • Certification of domestic violence, stalking, sexual assault, or harassment (from victim advocate, attorney, healthcare provider, or law enforcement)

Military family leave:

  • Military orders or documentation of active duty call-up

Step 3: Healthcare Provider Certification

For medical reasons (your own health condition or family care), your healthcare provider must complete a FAMLI Medical Certification Form.

Form includes:

  • Diagnosis or medical condition (general terms)
  • Date condition began
  • Expected duration
  • Whether you’re unable to work or need to care for family member
  • Whether condition is chronic or intermittent

Submit form: Upload through MyFAMLI+ portal or mail to FAMLI Division

Incomplete certifications: If the certification is incomplete or unclear, the FAMLI Division will give you the opportunity to cure deficiencies.

Step 4: Wait for Approval

Review period: FAMLI Division has up to 20 business days to review your application (may be faster)

Decision: You’ll receive written notice of:

  • Approval (with benefit amount and duration)
  • Denial (with specific reasons and appeal rights)
  • Request for additional information

Appeal rights: If denied, you have 20 days to appeal the decision.

Step 5: Receive Benefits

Payment method:

  • Direct deposit (fastest)
  • Debit card

Payment timing: Weekly or bi-weekly, depending on your claim

First payment: Usually within 1-2 weeks after approval (may include retroactive benefits if application was delayed)

Step 6: Certify Weekly (If Required)

Depending on your claim type, you may need to certify weekly that you’re still unable to work due to your qualifying reason.

Certification confirms:

  • You’re still on leave for the approved reason
  • Your status hasn’t changed
  • You’re not working or earning wages

How to certify: Log into MyFAMLI+ and complete weekly certification (takes 2-3 minutes)

Step 7: Return to Work

When you’re ready to return:

Notify FAMLI: Update your claim status in MyFAMLI+ to indicate your return-to-work date

Notify employer: Give advance notice of your return date (if employer has 10+ employees, they must restore your position)

Return-to-work certification: For medical leave, your healthcare provider may need to clear you to return to work

FAMLI vs. Federal FMLA: Key Differences

Colorado workers may be covered by both FAMLI (state paid leave) and FMLA (federal unpaid leave). Understanding the differences helps you maximize both.

Feature FAMLI (Colorado) FMLA (Federal)
What it provides Wage replacement (money) Job protection (unpaid leave)
Employer size 1+ employees for benefits; 10+ for job protection 50+ employees
Employee eligibility $2,500 in base period wages 1,250 hours in past 12 months + 12 months tenure
Leave duration 12 weeks (16 for pregnancy complications) 12 weeks per year
Wage replacement Up to 90% of wages (capped at $1,100/week) None (unpaid)
Reasons covered 5 categories (own health, family care, bonding, safe leave, military) 3 categories (own health, family care, bonding)
Family definition Broad (includes grandparents, grandchildren, siblings) Narrow (spouse, child, parent only)
Safe leave Yes No
Job protection Employers with 10+ employees Yes (employers with 50+)

Using FAMLI and FMLA Together

If you qualify for both:

  • FAMLI provides money (wage replacement)
  • FMLA provides job protection (if employer has 50+ employees)
  • FAMLI and FMLA leave typically run concurrently (at the same time)

Example: You work for a company with 75 employees. You take 10 weeks for your own serious health condition.

  • FAMLI pays you up to 90% of your wages
  • FMLA protects your job
  • Both use the same 10 weeks (not 10 + 10)

Best of both: You get paid (FAMLI) while your job is protected (FMLA).

Common FAMLI Questions

Can my employer require me to use vacation or sick time instead of FAMLI?

No. Your employer cannot force you to use accrued paid time off (vacation, sick leave, PTO) instead of FAMLI. However, you can choose to supplement FAMLI benefits with PTO if you want fuller wage replacement.

Example: FAMLI pays you 90% of wages. You could use accrued sick time to make up the remaining 10% (if your employer allows).

Can I work another job while on FAMLI leave?

No. FAMLI benefits are for when you’re unable to work due to your qualifying reason. Working another job while claiming FAMLI is fraud and can result in:

  • Termination of benefits
  • Requirement to repay benefits received
  • Civil penalties
  • Criminal prosecution

What if I need intermittent leave (occasional days off)?

FAMLI allows intermittent leave for qualifying medical conditions that require periodic time off (e.g., chemotherapy, dialysis, recurring migraines).

Intermittent leave:

  • Must be certified by healthcare provider as medically necessary
  • Can be taken in increments as small as 1 hour
  • Still subject to 12-week maximum per benefit year

Example: You have a chronic condition requiring medical treatment every two weeks. You can take FAMLI for those days only, rather than taking 12 consecutive weeks.

Can I be fired while on FAMLI leave?

It depends on employer size:

Employers with 10+ employees: Cannot fire you because you took FAMLI leave (this is illegal retaliation). However, they can fire you for reasons unrelated to FAMLI (e.g., company-wide layoff affecting your department regardless of leave status).

Employers with 1-9 employees: Not required to provide job protection. They can eliminate your position (but still cannot retaliate against you for applying for or taking FAMLI).

What if my employer retaliates against me for taking FAMLI?

File a complaint:

  • Contact the FAMLI Division: famli.colorado.gov or 833-854-0166
  • File a complaint with the Colorado Department of Labor and Employment

Penalties for employer:

  • Civil penalties up to $500 per violation per day
  • Requirement to pay back wages
  • Reinstatement to your position
  • Damages for lost benefits

Consult an attorney: Employment attorneys can help you pursue retaliation claims and maximize damages.

Can I take FAMLI if I’m on unemployment?

No. You cannot collect both FAMLI and unemployment benefits at the same time. Unemployment requires you to be able and available to work. FAMLI requires you to be unable to work due to a qualifying reason. These are mutually exclusive.

What if my FAMLI claim is denied?

You have 20 days from the denial notice to appeal the decision.

Appeal process:

  • File written appeal with FAMLI Division
  • Provide additional evidence supporting your claim
  • Attend hearing (may be by phone)
  • Receive written decision

Consult an attorney: Employment attorneys can help with appeals and ensure you present the strongest case.

FAMLI Resources

Colorado FAMLI Division

Official Website: famli.colorado.gov

Customer Service: 833-854-0166

MyFAMLI+ Portal: Online account for applications, claims, and payments

Mailing Address:
Colorado Division of Family and Medical Leave Insurance
P.O. Box 8988
Denver, CO 80201-8988

Free Legal Assistance

Colorado Legal Services

Colorado Bar Association – Lawyer Referral Service

  • Find an employment attorney
  • Phone: 303-860-1115
  • Website: cobar.org

Related Colorado Employment Topics

Get Help with Your FAMLI Claim

Not sure if you qualify for Colorado FAMLI? Confused about the application process? Get a free consultation from an employment expert who can evaluate your situation.

Colorado’s FAMLI program is brand new (2024), and many workers and employers are still learning how it works. Understanding your rights ensures you receive the wage replacement and job protection you deserve.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. FAMLI regulations are complex and subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Colorado or contact the FAMLI Division directly. Employment Law Aid is not a law firm and does not provide legal representation.