Nothing quite matches the excitement of welcoming a new child. Nothing quite matches the stress, either!
Fortunately, Colorado parents have options when they apply to take advantage of Family and Medical Leave Insurance (FAMLI) to get time to bond with their new child.
Many new parents are telling us that they want to make sure their claims will begin as soon as the new child arrives through birth, adoption or foster placement.
On the other hand, no new parent wants to get stuck owing money back to the FAMLI Division because the child didn’t arrive exactly on time. That’s why we can’t finalize a bonding claim until the new child arrives.
Fortunately, expecting parents have options to start getting wage replacement when welcoming a child.
Here are three things to know about making FAMLI leave work for your schedule when growing your family.
- As we mentioned, bonding leave can’t begin until the child arrives. But expectant birthing parents can file a medical claim to care for their own serious health condition in the time before childbirth. FAMLI benefits don’t increase; workers can’t typically take more than 12 weeks of FAMLI leave in a 12-month period. But if a birthing parent wishes to use some FAMLI leave in the days before birth, they can ask their health care provider to approve a medical claim for themselves if the birthing parent wants to start their leave before the baby arrives, or ends up arriving late! Taking this approach means the birthing parent needs to file a claim to take care of their own serious health condition, which requires their health care provider to verify their serious health condition form. Pregnancy is considered a serious health condition. When filing your claim in My FAMLI+, be sure to select the option that indicates your leave is related to pregnancy (as indicated in the screenshot below). The health care provider will determine how long the patient needs time away from work related to pregnancy and childbirth. Some new Colorado parents have opted to take their entire 12-week leave as a medical claim instead of a bonding claim, assuming they have the support of their health care provider to recommend that approach.
- Once the expecting parent has given birth, they can file a new claim for bonding leave as soon as they have proof that the birth has taken place, either through a birth certificate, verification of birth worksheet, or birth or recovery care documentation from a health care provider or medical facility. This approach does not require a health care provider’s recommendation, just the proof of birth. Non-birthing parents will need to take this approach when filing for bonding leave.
- Colorado law allows birthing parents to take up to four additional weeks of leave when there is a complication related to the pregnancy or childbirth. Not every childbirth complication triggers an additional four weeks of FAMLI leave, but Colorado parents who experience childbirth complications should make sure to talk to their health care providers to see what they recommend. Colorado recently issued guidance on childbirth complications to help new parents make sense of their options. Birthing parents will need to file a separate claim to care for a pregnancy or childbirth complication in order to be approved for up to 4 additional weeks of leave.
Here’s some other basics new parents need to know about FAMLI bonding leave:
- Both mothers and fathers are eligible for FAMLI bonding leave, and they do not have to take the weeks concurrently.
- Employers are entitled to 30 days’ notice before a parent begins bonding leave (assuming the child’s arrival was foreseeable more than 30 days in advance).
- Colorado’s FAMLI law is not the same as the U.S. Family and Medical Leave Act (FMLA), which is a federal law that requires large employers to offer unpaid time off for life events including the birth of a child. FAMLI is paid leave. FMLA is unpaid, job-protected leave. And employees working for a business of any size are eligible for FAMLI, even self-employed and gig workers. FMLA is available to employees of covered employers only.
The more new parents learn about their FAMLI leave options when welcoming a new child into their families, the more they’ll be able to focus on the little one instead of stressing about their basic financial obligations.
If a new parent would like individualized assistance with their FAMLI claim, our customer care team is standing by to help. Drop us a line at cdle_famli_info@state.co.us or give us a call at 1-866-CO-FAMLI (1-866-263-2654) Monday through Friday between 7 a.m. and 6 p.m. Mountain Time.