The Colorado FAMLI Act – What Employers & Employees Need to Know

 Effective January 1, 2024, the full benefits of the Colorado Paid Family and Medical Leave Insurance (FAMLI) Act officially became available. (Premium contributions for the plan began January 1, 2023.)

Key FAMLI Act Features

Covered Colorado workers can receive up to 12 weeks of paid leave per calendar year without the risk of losing their job for qualifying medical reasons. Examples of qualifying medical leave include (but are not limited to):

• Bonding with a new child, including adopted or fostered children (those who experience pregnancy or childbirth complications may receive an additional four weeks for a total of 16 weeks per year).
• Caring for themselves or another family member with a serious medical condition
• Making arrangements for a family member’s military deployment.
• Taking action to resolve safety concerns as a result of domestic violence and/or sexual assault.

Both employees and employers contribute to a state fund, and may split the cost 50/50. Currently, premiums are set to 0.9% of the employee’s wage, with an even split of 0.45% paid by the employee and employer. 

Benefits are paid based on a percentage of the employee’s weekly wage rate. For example, an employee earning a weekly wage of $500 will receive 90% of the weekly wage, while an employee earning $3,000 per week will receive 37%, which equals the program’s maximum amount or $1,100 per week (annual maximum of $13,200).

FAMLI and the Federal Family and Medical Leave Act (FMLA)

The federal FMLA still applies in Colorado; however the FAMLI Act provides additional benefits and options for employees, with three notable differences:

• FAMLI is a paid leave program. FMLA is unpaid leave, both have job protection.
• FAMLI is required at most businesses with at least one Colorado employee. FMLA only applies to employees working for businesses with 50 or more employees.
• Self-employed workers are eligible to participate in FAMLI, while FMLA is only available to employees of covered employers.

Educate Your Employees about FAMLI and FMLA

FAMLI is designed to run concurrently with any leave taken under FMLA, and will not increase the amount of leave available during a 12 month period, except in 2024. 

Employees can stack their FMLA and FAMLI leave benefits for 2024 only, which could allow for as many as 24 weeks of combined leave. The potential to throw off the balance between leave utilization and ensuring an employer can effectively manage workflows is the main reason that stacking is a one-time only exception for 2024.

Ensuring your employees understand how FAMLI and FMLA work together and independently of each other will help your employees plan their leave time strategically and foster a supportive work environment. It’s also crucial for employers to fully understand the full details of both FAMLI and FMLA, to ensure your company is in compliance with both sets of regulations.

Hackstaff, Snow, Atkinson and Griess can help ensure your company complies with labor and employment laws, at both the federal and state level. Contact us for a free consultation today.