It’s important to note that FAMLI differs from the federal Family and Medical Leave Act (FMLA). Three notable differences include:

  • FAMLI is paid leave. FMLA is unpaid, job-protected leave.
  • Employees working for a business of any size are eligible for FAMLI. Employees that work for businesses with 50+ employees qualify for FMLA.
  • Self-employed workers are eligible to voluntarily opt into the FAMLI program. FMLA is available to employees of covered employers only.

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. FMLA is managed by the Federal Government, and all questions should be directed to the US Department of Labor.


Differences between FAMLI vs FMLA



 Colorado law approved by voters in 2020

 Required at most workplaces with at least one Colorado employee

 Includes partial wage replacement based on prior year's wages

 Includes job protection after 180 days

 Eligibility determined by Colorado FAMLI Division

 Can be used in conjunction with FMLA


 Federal law approved by Congress in 1993

 Required at most workplaces with 50+ employees

 No wage replacement

 Includes job protection

 Coverage may vary based on hours worked the previous year

 Eligibility determined by employers

 Can be used in conjunction with FAMLI