Individuals and Families FAQs | Family and Medical Leave Insurance

General Program Questions

How do people learn about their benefits and the program?

Employers must post the FAMLI Required Program notice. Employers will also need to deliver the program notice to employees individually (1) upon hire and (2) within five days of learning an employee experienced an event that triggers FAMLI eligibility. Employers can find the required program notice in our toolkit.

Individuals and families can also check out the FAMLI Events calendar on our home page to find out about webinars and events where you can get all your questions answered.

Will I be penalized or lose my job for taking leave?

FAMLI offers paid job-protected leave once an employee has been at their employer for more than 180 days (about six months). The law also offers protection against retaliation.

It's important to note that because the FAMLI Act allows local government employers to opt out of the program, employees of these local governments may not have the same job protections under the FAMLI Act. The job of an employee who voluntarily opts-in after their local government opts out would NOT be protected under the FAMLI program. The employee would still be eligible to take FAMLI leave, but their job would not be protected, since the employer has opted out. HOWEVER, the employee’s leave may be protected under FMLA if the employer is already covered by FMLA. If you are an employee of an opted out local government, please connect with your Human Resources department to confirm your employer's leave policies.

Eligibility

Who is eligible for FAMLI leave?

Most Colorado employees become eligible to take paid leave after they have earned at least $2,500 in wages subject to FAMLI premiums, over a period of about a year.

What sort of circumstances can I use my paid leave for?

Individuals can use FAMLI leave to take time away from work in order to:

Care for a new child, including adopted and fostered children
Care for themselves, if they have a serious health condition
Care for a family member’s serious health condition
Make arrangements for a family member’s military deployment
Address the immediate safety needs and impact of domestic violence and/or sexual assault.

Self-Employed Worker

What if I am self-employed and do freelance or gig work?

Participation for self-employed workers is optional. If you do decide to opt into FAMLI as a self-employed worker, you must agree to participate by paying premiums and reporting your income for a minimum of three years in order to avoid only opting in only when the need for leave is foreseeable. This must be completed in My FAMLI+ Employer before you apply for benefits in My FAMLI+.

While there is no open enrollment period, you will need roughly one quarter of coverage before you can collect FAMLI benefit payments. Elective coverage begins on the date you elect coverage in My FAMLI+ Employer. FAMLI benefit payments are based on wages subject to FAMLI premiums and could be $0 if you apply for benefits before your first premium payment. If you're new to self-employment, and you paid premiums under a prior job, you may be eligible for benefits earlier. Read more details about elective coverage.

Your first premium payment will be due on the next quarterly reporting deadline for employers (the last day of the month following the end of quarter: January 31, April 30, July 31, October 31).

What qualifies as a self-employed individual?

“Self-employed person” or “self-employed individual” means a Colorado resident who either carries on a trade or business or is an independent contractor; is a member of a partnership that carries on a trade or business; or is otherwise in business for himself or herself (including a part-time business or a “gig worker”). If your business ends up hiring one employee other than yourself, you are required to register with FAMLI as an employer and meet all required employer obligations.

As a self-employed individual, should I report wages earned before my FAMLI benefits elective coverage date?

FAMLI benefit payments are based on wages subject to FAMLI premiums, and elective coverage begins on the date you elect coverage in My FAMLI+ Employer. You cannot retroactively pay premiums on wages for prior quarters.

Your FAMLI benefit payment could be $0 if you apply for benefits before your first premium payment. If you're new to self-employment, and you paid premiums under a prior job, you may be eligible for benefits earlier. Read more details about elective coverage.

FAMLI Premiums Deduction

Are military spouses exempt from paying FAMLI premiums under the Military Spouses Residency Relief Act?

Military spouses are not exempt from contributing to FAMLI because FAMLI premiums are considered a fee and not a tax. Thus the Military Spouses Residency Relief Act doesn’t grant an exemption.

How much will employees be required to pay?

Overall, FAMLI is a shared fee to employers and employees based on .9% of wages. This rate is set through 2025 by Proposition 118, voted in by 57% of Coloradans as the authorizing vote of the people to create the FAMLI enterprise fund. Use our premium calculator to estimate your wage deductions.

How do employees pay their portion of the benefit?

Most employees will see a FAMLI wage deduction on their pay stubs. However, some employers may choose not to deduct any premiums contributions from their employees' wages.

Will the rate change and when?

The rate is currently set at 0.9%. The rate will be set each year by the Division Director and is based on a formula based on the funds balance and usage rates. The amount is statutorily capped at 1.2% of wages.

Can I opt out of the program?

No. The FAMLI Act does not allow employees to opt out of the program. Only local government employers have the ability to vote to opt out of the program. Employees of those opted out local governments have the option to voluntarily opt in. Self employed individuals have the option to voluntarily opt into the program, but don't need to take any action to opt out. The following circumstances may exempt employees from paying the employee-portion of the FAMLI deduction:

Employees of the federal government cannot access the state benefit, and therefore will not see any FAMLI-related wage deductions on their pay stubs.
If an individual works for an employer that chooses not to deduct FAMLI premiums from the employee’s wages.
If an individual works for a local government employer who has voted to opt out of the FAMLI program, the employee will not see any FAMLI-related wage deductions.
Employers may apply to fulfill their FAMLI obligations by using a private plan that provides equal or great benefits as the FAMLI plan. Employers will be required to pay their FAMLI premiums until they receive approval from the Division to use their private plan. Employees of those employers may not see any FAMLI-related wage deductions, but may see other deductions depending on how the employer funds its private program.

Filing a Claim

Can I file a claim on behalf of someone else as a Designated Representative?

Yes, you can file on behalf of a family member if they're medically incapacitated, and/or you can file as a Designated Representative if you can prove with documentation that you are in fact a Designated Representative for the individual. Learn more about filing as a Designated Representative before creating a My FAMLI+ account.

When can I file a claim for FAMLI Benefits?

A claimant can open a planned FAMLI Leave of any kind 30 days prior to the first date of the absence and up to 30 days after an absence. FAMLI benefits will never be issued before the first date of absence and may be issued in arrears, going back to the first date of absence.

If you have a planned absence due to a scheduled surgery or the birth of a child, you can file your claim up to 30 days in advance.

Can I backdate my FAMLI Claim?

A FAMLI leave claim needs to be opened within 30 days after the first date of absence in order to be considered for FAMLI benefits. Any FAMLI claim filed between 31-90 days after the first date of absence will be considered if the Claimant also establishes good cause for the delay. (7 CCR 1107-3.6.4)

How often can I apply for FAMLI benefits? When does my “Application Year” or “Benefit Year” start?

Your “Application Year” is twelve months, measured forward from your first day away from work. For example, if you take two weeks of FAMLI leave starting on February 3, 2024, your application year will run from February 3, 2024 through February 2, 2025. During that time, you are limited to using 12 weeks of leave (or 16 weeks if you qualify for the extra 4 weeks for a pregnancy or childbirth complication).

Your next application year will start on February 3, 2025 or the next date you take FAMLI leave, whichever is later. For example, your first application year ends on February 2, 2025, and if you don’t take leave again until needing to bond with a new baby on September 1, 2025, then your new benefit year will run from September 1, 2025 through August 31, 2026.

I need a new copy of the Serious Health Condition form. Where can I find it?

If you need a new copy of your serious health condition form to be filled out because of an error or other reason, you can find the form in My FAMLI+. Please see the Instructions for filing a medical leave claim chapter in our FAMLI how-to guide for further instructions.

While I am On Leave

Will I still have healthcare coverage through my employer while out on FAMLI leave?: While you are on leave, you and your dependents are entitled to the same healthcare benefits. You are still responsible for paying your portion for the benefits that you would pay while you were working.
Is my job protected while I am on leave?: Employers are generally required to reinstate employees to the positions they held when they started leave if they had been employed for 180 days before starting leave. That's not 180 days of work, it's 180 calendar days of employment. An employee is still considered employed as part of that 180-day rule so long as the employer expects them to return. Leave, vacation time, sick time, or other time away from work can still count towards those 180 days.
I am trying to enter my intermittent leave in My FAMLI+ and am seeing an error message. Why is this happening?: If your health care provider selected the 30-day Absence Parameters option, My FAMLI+ will calculate a running total of your leave hours based on the 30-day period prior to the day for which you are reporting leave. You can’t report more leave hours in any 30-day period than your approved Absence Parameters allow. Remember, the lookback period for your Absence Parameters changes every day, and as leave hours are reported more than 30 days prior to that specific date, they are excluded from the calculation. This video explains how the leave parameters for a rolling 30 day period works.

Local Government Employee

How do I opt in to FAMLI if my employer has opted out?

Participation for employees of opted-out local governments is entirely optional. If you work for a local government employer who has opted out, and you as an individual would like to voluntarily opt in, you will need to create an account in My FAMLI+ Employer as an employee of an opted out local government.

In My FAMLI+ Employer, you must agree to participate for a minimum of three years by paying premiums and reporting your wages to the FAMLI Division. Elective coverage begins on the date you elect coverage in My FAMLI+ Employer. FAMLI benefit payments are based on wages subject to FAMLI premiums and could be $0 if you apply for benefits before your first premium payment. If you're a new local government employee, and you paid premiums under a prior job, you may be eligible for benefits earlier. Read more details about elective coverage.

If your local government employer is offering to remit your wages and premium deductions on your behalf, you will need to grant your employer permission to do that. If you have not registered in My FAMLI+ Employer, you will have this opportunity when you create your account. If you already have an account in My FAMLI+ Employer, you can find this option on your dashboard in the Manage My Account section. Please refer to the My FAMLI+ Employer User Guide to learn more about the process.

Benefits

How much will my benefits be?

FAMLI wage replacement benefits will be paid at a rate of 90% of the employee’s average weekly wage with lower wage earners receiving a higher percentage. Benefits are calculated on a sliding scale comparing the individual’s average weekly wage to the state average weekly wage, which may increase over time. Benefits are capped at $1,324 per week as of January 1, 2025. You can estimate your potential benefits by using the calculator.

How much paid time off does FAMLI provide?

Most employees are eligible to receive up to twelve weeks of paid leave. Those who experience pregnancy or childbirth complications may receive an additional four weeks.

How long do I have to work for my employer to qualify for FAMLI Benefits?

Employees do not need to have a minimum number of days working for an employer to be eligible to receive FAMLI benefits. Colorado workers become eligible for FAMLI once they have earned $2,500 in wages subject to FAMLI premiums over a period of roughly a year.

When will I get my first payment?

Once your claim has been fully submitted with all the required paperwork, the FAMLI Division has two weeks to get a decision back to you stating that the claim has or has not been approved. Approved FAMLI benefit payments will be issued weekly. There is no waiting period before FAMLI leave is effective.

Can I receive my benefit payments on a prepaid debit card?

Yes. If you choose to receive payments on a prepaid debit card once benefit payments become available in 2024, you will receive a U.S. Bank ReliaCard®. Please review the ReliaCard Pre-Acquisition Disclosures which contain information about potential fees before choosing this option. Fees are located on the Fee Schedule sent to you with your card. Once you have received and activated your card, you can view the Fee Schedule online by logging into your account at the USBank ReliaCard website. If you have questions about the ReliaCard option, please see the FAQ page of the ReliaCard website.

Are FAMLI benefit payments subject to state and federal income tax?

FAMLI benefits are not subject to state income tax.

FAMLI will report to the IRS the amount of FAMLI benefits paid to each claimant during the year. We will issue IRS form 1099-G to claimants who received at least $10 in FAMLI benefit payments in a single tax year. The benefits paid will be reported in Box 1, which is labeled “unemployment compensation.” Per IRS instructions, this box is also used for governmental paid family leave programs.

The IRS recently issued additional guidance on whether FAMLI benefits for the 2025 tax year are subject to federal income tax. The taxability of your benefits could vary based on a number of factors. Please talk to your tax advisor if you have questions. The FAMLI Division cannot provide advice on federal taxation. Claimants currently have the option to have 10% of their benefit payments withheld and sent to the IRS for income taxes.

This is a simple opt-in or opt-out option. Claimants who began FAMLI leave in 2024 will have the option to change their tax withholding preferences in their Payments Dashboards within My FAMLI+.
If a claimant decides to have federal income taxes withheld, the funds are automatically withheld from future payments, and FAMLI will remit the withheld amount on your behalf to the IRS. You can change your decision at any point for future payments, but you cannot retroactively collect funds that have previously been withheld.

I did not apply for or receive FAMLI benefits. Why did I receive an IRS Form 1099-G?

If you have not applied for or received FAMLI benefits, you should report this as fraudulent activity. Please visit the Report FAMLI Fraud page for more guidance on how to report fraud and protect yourself from fraud and identity theft.

The amount on my 1099-G does not equal the amount of FAMLI benefits I received. What should I do?

It’s possible that you had an overpayment on your account, in which case you must repay some funds. Form 1099-G displays all benefits money you received, regardless of whether any of it was paid back. You can view all overpayment amounts on My FAMLI+. Please review the View Payment History chapter in the My FAMLI+ User Guide.

Your tax form has instructions on how to report repayment of FAMLI benefits, and those instructions should apply to repayment of FAMLI benefits, too.