Colorado FAMLI Program Notice Mandatory

Deductions from Employee Wages start January 1, 2023
• The employee share of FAMLI premiums is set at 0.45% of employee wages through 2024. For 2025 and beyond, the director of the 
FAMLI Division sets the premium rate according to a formula based on the monetary value of the fund each year. Employers with ten or 
more employees must also contribute an additional 0.45% of wages for a total of 0.9%, but employers with nine or fewer employees are only 
responsible for the 0.45% employee share.
• Employers are not required to deduct FAMLI contributions from employees’ wages.  However, 	starting in 2023, employers are allowed to 	
deduct up to 0.45% from employees’ wages for FAMLI contributions. 	 For every $100.00 an employee makes, an employer may deduct up 	
to $0.45.
Benefits start January 1, 2024
• Starting in 2024, paid family and medical leave benefits are available to most Colorado employees who have a qualifying condition and who 
earned $2,500 over the previous year for work performed in Colorado.
• The qualifying conditions for paid family and medical leave are:
 • Caring for a new child during the first year after the birth, adoption,\
 or foster care placement of that child.
 • Caring for a family member with a serious health condition.
 • Caring for your own serious health condition.
 • Making arrangements for a family member’s military deployment.
 • Obtaining safe housing, care, and/or legal assistance in response to domestic violence, stalking, sexual assault, or sexual abuse.
• Covered employees are entitled to up to 12 weeks of paid family and medical leave per year. Individuals with serious health conditions caused 
by pregnancy complications or childbirth complications are entitled to up to 4 more weeks of paid family and medical leave per year for a 
total of 16 weeks.
• Leave may be taken continuously, intermittently, or in the form of a reduced schedule.
• Leave will be paid at a rate of up to 90% of the employee’s average weekly wage, based on a sliding scale. Employees may estimate their 
benefits by using the benefits calculator available at famli.colorad\
o.gov.
• You don’t have to work for your employer a minimum amount of time in order t\
o qualify for paid family and medical leave benefits.
• If FAMLI leave is used for a reason that also qualifies as leave under the federal FMLA, then the leave will also count as FMLA leave used.
• Employees may choose to use sick leave or other paid time off before using FAMLI benefits, but they are not required to do so.
• Employers and employees may mutually agree to supplement FAMLI benefits with sick leave or other paid time off in order to provide full 
wage replacement.
Filing Claims
• Employees will not be able to file for benefits until the last quarte\
r of 2023. Benefits will be available starting January 2024. Instructions on 
how to apply for benefits will be available on famli.colorado.gov in t\
he last quarter of 2023.
• Employees or their designated representatives apply for FAMLI benefits by submitting an application, along with required documentation, 
directly to the FAMLI Division. Employers cannot make employees apply for FAMLI benefits.
• Applications may be submitted in advance of the absence from work, and in some circumstances, they may be submitted after the absence 
has begun.
• Approved applications will be paid by the FAMLI Division within two weeks after the claim is properly filed, and every two weeks thereafter 
for the duration of the approved leave.
• Employees can appeal claim determinations to the FAMLI Division.
• Individuals who attempt to defraud the FAMLI program may be disqualified from receiving benefits.
Job protection and continued benefits
• Employers must maintain health care benefits for employees while they are on FAMLI leave, and both the employer and the employee 
remain responsible for paying for those benefits in the same amounts as before the leave began.
• An employee who has worked for the employer for at least 180 days is entitled to return to the 
same position, or an equivalent position, upon their return from FAMLI leave.
Retaliation, Discrimination, and Interference Prohibited
• Employers may not interfere with employees’ rights under FAMLI, and may not discriminate or 
retaliate against them for exercising those rights.
• Employees who suffer retaliation, discrimination, or interference may file suit in court, or may file a 
complaint with the FAMLI Division.
Other Important Information
• An employer may offer a private plan that provides the same benefits as the state FAMLI plan, and 
imposes no additional costs or restrictions. Private plans must be approved by the FAMLI Division.
• Employees and employers are encouraged to report FAMLI violations to the FAMLI Division.	
2023 FAMLI Program Notice