It’s important to note that FAMLI differs from the federal Family and Medical Leave Act (FMLA). The notable differences include:
- FAMLI is paid, job-protected leave
- FMLA is unpaid, job-protected leave
- Most Colorado employees working for a business of any size are eligible for FAMLI
- Employees who work for businesses with less than 50 employees don't qualify for FMLA
- Employees who have worked for their current employer for less than 1 year do not qualify for FMLA
- Most workers are eligible for FAMLI leave from day one of employment
- FAMLI offers job protection when employed 180 days before the start of their paid leave
- FMLA offers job protection after working 1,250 hours within 12 months
- Self-employed workers are eligible to voluntarily opt into the FAMLI program
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
Coverage may be though the Colorado FAMLI Division or a private plan approved by the FAMLI Division
Required at most workplaces with at least one Colorado employee, with the exception of opted-out local governments and federal government employers
Workers are eligible for FAMLI leave from day one of employment if they have met the wage requirement
Available for most workers including full-time, part-time, or seasonal employees who have earned $2,500 in wages in Colorado, within the previous five quarters.
Eligibility for job protection after 180 days of employment
Employers can’t require employees to use accrued vacation, sick leave, or other paid time off before or while receiving FAMLI. For more information please see the FAMLI & Other Types of Leave webpage
Provides up to 12 weeks of paid leave and includes partial wage replacement based on average weekly wages
FMLA
Federal law approved by Congress
Eligibility determined by employer
Required at most workplaces with 50+ employees
The employer must have at least 50 employees within 75 miles of your workplace for you to qualify
Must work 1,250 hours with the employer during the 12 months prior to leave
Applies to all public agencies including local, state and federal employers, and local education agencies (schools) regardless of employee count
Employer can require you to use sick time, paid time off, etc while using FMLA
Eligibility for leave and job protection after 365 days of employment
May be available for part-time and seasonal workers, see The Employee’s Guide to the Family and Medical Leave Act
Provides 12 workweeks of unpaid leave