FAMLI & Other Types of Leave
Employers: Here’s what you need to know about how FAMLI works with other types of leave you may offer your staff:
Federal Leave Programs
Family and Medical Leave Act (FMLA)
FMLA is the federal Family and Medical Leave Act. Employers with 50+ employees are subject to the FMLA rules and regulations. FMLA is unpaid leave and separate from Colorado’s FAMLI Act, which provides paid leave to Colorado employees.
FAMLI is designed to run concurrently with FMLA. If FAMLI leave is used for a reason that also qualifies as leave under FMLA, then the leave also counts as FMLA leave. When a Colorado employee has a qualifying family and medical leave life event, the employer must deliver the FAMLI program notice to the employee within five days. An employer can’t require an employee to exhaust available FAMLI leave as a condition to access FMLA leave.
To apply for FAMLI leave, Colorado workers apply directly with the state via My FAMLI+ or through their employer’s private plan carrier, if applicable. To apply for FMLA benefits, usually workers do so through their employer. Employees should ask their employer about the necessary FMLA paperwork.
To read more about FMLA and FAMLI please see the FAMLI and FMLA webpage. For questions related to FMLA, please visit the U.S. Department of Labor website.
Employer-Provided Leave
Employers may offer additional leave programs to their staff. Employers may require employees to use up available FAMLI leave as a condition to receive additional benefits that the employer is not legally required to provide, like paid parental (bonding) leave. Otherwise, employers and benefit administrators can’t require an employee to exhaust available FAMLI leave. Employers can require employees to use FAMLI leave as a condition to receive other benefits that the employer is not legally required to provide that would also cover FAMLI circumstances, this includes most long-term disability, short-term disability, or employer provided paid parental leave plans.
Employers should update their employee policies and/or handbook and share the details of how their employer-provided leave types can be used with FAMLI and give it to their employees.
We have additional guidance for employers on how to coordinate FAMLI with employer offered leave programs like long-term disability, short-term disability, and paid parental (bonding) leave on the FAMLI rules page.
Paid Time Off (PTO) and Sick Leave
Employees can’t be required to use employer-provided PTO or sick leave before or during FAMLI leave, but they may choose to do so. Employers and employees must have a written agreement to use accrued PTO and sick leave to top-off the employee’s FAMLI benefit payment. The total amount paid from PTO, sick leave, and FAMLI may not exceed the employee’s average weekly wage.
If an employee is improperly paid PTO or sick leave, employers may recoup the overpayment.
Long-term (LTD) and Short-term Disability (STD)
Long-term and short-term disability are leave programs that employers may offer. They are usually administered through an insurance carrier, and benefit restrictions will vary from policy to policy. Some disability policies may require exhaustion of FAMLI leave before making the benefits available, some may count FAMLI leave benefits toward the benefit obligations under the disability policy, and some may do neither or both. Employers must give employees written notice of these restrictions in order for them to be enforceable. Employees should also ask their employers for details about their long-term and short-term benefits
Paid Parental (Bonding) Leave
Employers may offer paid parental or bonding leave to their employees. It may be administered through an insurance carrier, and benefit restrictions will vary from policy to policy. Some leave policies may require exhaustion of FAMLI leave before making the benefit available, some may count FAMLI leave benefits toward the benefit obligations under the policy, and some may do neither or both. Employers must give employees written notice of these restrictions in order for them to be enforceable. Employees should also ask their employers for details about their parental benefits.
State Benefit Programs
Unemployment
Workers can’t collect benefits from both the FAMLI Division and the Unemployment Insurance Division for the same absence from work. Workers must disclose to the FAMLI Division any unemployment payments received while they are out on FAMLI leave.
Workers’ Comp
FAMLI benefits may not be taken with Workers’ Compensation benefits for the same absence from work. If someone is absent from work because of a work-related injury or illness, they can’t claim FAMLI benefits unless they can prove they are not eligible for Workers’ Compensation benefits. A worker that has exhausted their Workers’ Compensation benefits and is unable to return to work can also apply for FAMLI benefits.
Healthy Families and Workplaces Act (HFWA)
The Healthy Families and Workplaces Act (HFWA) requires employers to provide one hour of paid sick leave per 30 hours worked (up to 48 hours per year). HFWA is separate from FAMLI. Both are Colorado laws that provide employees with paid leave for a range of health and safety needs. For more information on how FAMLI works with HFWA, we have broken it down for you in this blog post. For more information and specifics on the differences and overlap of the two leave types, please see Interpretive Notice & Formal Opinion (“INFO”) # 6C on the CDLE website page for Interpretive Notice and Formal Opinions (INFOs) and Other Published Guidance.