Colorado

Colorado enacted its Family and Medical Leave Insurance (FAMLI) program in 2020 and began paying benefits in 2024. Employers can opt-out of the state program in favor of a private plan that is equal or better than the state program.

Mutual of Omaha is excited to offer private plan administration.  

Eligibility:

Employers

Any organization with Colorado employees that employs at least one person for each working day during each of the 20 or more work weeks in the current or preceding calendar year, or paid wages of $1,500 or more during any calendar quarter in the preceding year.

State or political subdivisions of the state are also included. Federal government agencies are not covered.

Local governments can opt out of the FAMLI program with a vote. Self-employed individuals can voluntarily opt into coverage.

Employees

Employees are eligible for FAMLI if they have earned at least $2,500 in wages during their base period or alternate base period. The base year is the first 4 of the last 5 completed calendar quarters preceding leave. The alternate base year is the last 4 completed calendar quarters preceding leave.

Benefits overview

Qualifying Reasons

Medical leave

  • Employee’s own serious health condition

Family leave

  • Bond with a new child after birth, adoption, or foster care placement
  • Care for a family member with a serious health condition
  • Military exigency related to a family member’s active military duty or call to active duty

Safe leave

  • Needs related to domestic violence, stalking, or sexual assault

Duration of Leave

12 weeks for any combination or family, medical, or safe leave

4 additional weeks for pregnancy or childbirth complications

Benefit Calculation

90% wage replacement for any wages up to 50% of the state average weekly wage (SAWW)

50% of SAWW + 50% wage replacement for any wages over 50% of SAWW

The maximum benefit is $1,100

Waiting Period

There is no waiting period under Colorado FAMLI so benefit payments begin as of the start date of leave

Leave Frequency

Leave can be taken continuously, intermittently, or on a reduced schedule

Job Protection

Employees must be employed for at least 180 days with the employer to be eligible for job protection under the Colorado FAMLI program.

Additional information:  

Private Plans

Employers may opt out of the state plan in favor of a private plan. Private plans are effective 60 days after approval by the state.

A private plan must:

  • Provide equal to or better benefits than those under the state plan
  • Cover all employees employed by the employer
  • Guarantee employee contributions are not greater than what the employee would pay under the state plan
  • Include no additional requirements or conditions than the state plan

There is an application fee of $500. Employers offering private plans must meet all state reporting, notice, and record keeping requirements.

Covered Family Members

Under Colorado FAMLI, employees may take family leave to care for a family member with a serious health condition. Covered relationships include:

  • Spouse or domestic partner
  • Child (biological, adoption, foster, or step-child)
  • Parent, stepparent, parent-in-law, or legal guardian
  • Sibling
  • Grandparent
  • Grandchild
  • Any individual with whom the covered individual has a significant bond that is like a family relationship

To learn more about Colorado’s paid leave program, visit the Colorado FAMLI website.

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