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
FAMLI
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
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