Most Colorado employees become eligible to take paid leave after they have earned at least $2,500 in wages within the State, over a period of a year.
No. 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.
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.
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.
By July 1, 2022, and for the duration of the program, the division will coordinate outreach and education for both employees and employers about the program.
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. Click here to use our premium calculator to estimate your wage deductions.
Most employees will see a FAMLI wage deduction on their pay stubs. However, some employers may choose to cover their employees’ portion as an added benefit.
The rate is set at 0.9% for the first two years of the program. Past 2025 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.
Only local government employees and self employed individuals have the option to opt out of the program. 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 who has chosen to cover their employees’ full portion of the contribution as an added work perk, the employee will not see any FAMLI-related wage deductions.
- Employers may apply to opt out of the program only if they already have a privately funded paid family leave program in place that offers benefits comparable to FAMLI. Employees for those employers also won’t see any FAMLI-related wage deductions, but may see other deductions depending on how the employer funds its private program.