FMLA Laws in Colorado (2026): Paid Leave Explained
Most people think FMLA is the only game in town when it comes to family leave. Not in Colorado. The state has its own program that actually pays you while you’re on leave. Seriously. Let’s break down what you need to know about both programs and how they work together.
Colorado has two separate leave programs running at the same time. You’ve got the federal Family and Medical Leave Act (FMLA). Then you’ve got Colorado’s Family and Medical Leave Insurance program (FAMLI). One gives you unpaid time off. The other gives you actual money. Both protect your job. Confused? Don’t worry, we’ll clear it all up.
What Is FMLA?
The Family and Medical Leave Act is a federal law. It’s been around since 1993. FMLA gives eligible workers up to 12 weeks of unpaid leave each year. You get to keep your job and your health insurance while you’re gone.
The key word here is unpaid. You don’t get a paycheck during FMLA leave unless you use your own sick days or vacation time. But your employer can’t fire you for taking the time off. That’s the protection part.
FMLA covers things like having a baby, dealing with serious health problems, or caring for a sick family member. Pretty standard stuff. But here’s the catch. Not everyone qualifies for it.
Who Gets Federal FMLA in Colorado?
You need to meet specific requirements to use FMLA. First, your employer has to be covered. That means they need at least 50 employees within 75 miles of your workplace. All government agencies and schools are automatically covered, no matter how many people they employ.
Second, you personally have to qualify. You need to have worked for your employer for at least 12 months. Those months don’t have to be in a row, which helps. You also need 1,250 hours of work in the past year. That’s about 24 hours per week.
Work at a small company with only 20 employees? FMLA doesn’t apply to you. That’s where Colorado’s program comes in.
What Is Colorado FAMLI?
Okay, this is where things get better. FAMLI stands for Family and Medical Leave Insurance. Colorado voters approved it in 2020. The program started collecting money in 2023. Benefits became available in January 2024.
FAMLI is totally different from federal FMLA. The biggest difference? It pays you. You get money while you’re on leave. Up to 12 weeks of it.
Here’s what makes FAMLI special. It covers almost everyone. Small companies, big companies, doesn’t matter. You just need to have earned at least $2,500 in Colorado wages over roughly the past year. That’s it. No minimum hours requirement. No company size requirement.
Even self-employed people and independent contractors can opt in. That’s pretty rare for these kinds of programs.
How Much Does FAMLI Pay?
FAMLI doesn’t replace your full paycheck. But it covers a good chunk. The exact amount depends on what you normally earn.
Here’s how it works. If you earn less than half the state’s average weekly wage, you get 90% of your normal pay. For 2025 and 2026, that cutoff is around $767 per week. If you earn more than that, the extra amount gets replaced at 50%.
The maximum you can get is $1,381.45 per week as of July 2025. That number changes every year based on the state average wage.
Sound complicated? Honestly, it kind of is. But the state has a calculator on their website that figures it out for you. Just plug in your wages and it tells you what you’d get.
When Can You Use These Leave Programs?
Both FMLA and FAMLI cover similar situations. You can use them for:
Your own serious health condition. Surgery, cancer treatment, mental health crisis. Anything that keeps you from working counts.
Having or adopting a baby. You get the full first year after birth or adoption to bond with your new kid.
Caring for a sick family member. This includes your spouse, kids, or parents with serious health problems.
Military family emergencies. Like when your spouse gets deployed and you need to handle things at home.
FAMLI added something extra in 2026. If your baby ends up in the NICU, you get an additional 12 weeks of paid leave just for that. This is separate from your regular 12 weeks. Parents with NICU babies now get up to 24 weeks total when you add everything up.
Women who have pregnancy complications or childbirth issues get 4 extra weeks on top of the standard 12. So they could get 16 weeks total under regular FAMLI benefits.
Pretty solid, right?
FMLA vs FAMLI: What’s the Difference?
Let me break this down in plain terms.
FMLA is federal. FAMLI is state-run. FMLA is unpaid. FAMLI pays you money. FMLA requires 50 employees. FAMLI covers almost everyone.
For FMLA, you need a full year of employment and 1,250 work hours. For FAMLI, you just need to have earned $2,500 in wages. You could literally start a new job and be eligible for FAMLI benefits right away if you earned enough money at your previous Colorado job.
FMLA gives you job protection from day one. FAMLI only protects your job after you’ve been with your current employer for 180 days. That’s about six months. You can still get the money before that. You just might not get your exact job back.
How the Two Programs Work Together
Here’s where it gets interesting. If you qualify for both programs, they run at the same time. You don’t get 12 weeks of FMLA plus 12 weeks of FAMLI. You get 12 weeks total that counts for both.
Think of it this way. FMLA gives you the time off and job protection. FAMLI gives you the paycheck. They’re working together, not separately.
Your employer can’t make you use up all your vacation days before taking FAMLI leave. That changed recently. Before, some employers tried to force that. Not anymore. You can save your vacation time for later if you want.
If you take FAMLI leave for something that also qualifies as FMLA leave, both clocks run at the same time. This is actually good for you. It means you’re getting paid time off with full job protection.
Who Pays for FAMLI?
Both workers and employers chip in. The current rate is 0.88% of your wages. That drops from 0.9% at the start of 2026. Most employers split this cost 50/50 with employees. Some pay the whole thing themselves.
You’ll see the deduction on your paycheck. It’s small. If you make $50,000 a year, you’re paying about $220 annually. That’s like $18 per month. Not much for the coverage you’re getting.
Employers with fewer than 10 employees don’t have to pay their share. The employee still pays their portion. But the employer gets a break.
The money goes into a state fund. When you need benefits, you apply and the state pays you directly. Your employer doesn’t pay your FAMLI benefits. The state does.
Taking NICU Leave in 2026
This is brand new. Starting January 1, 2026, parents with babies in the NICU get extra time. Up to 12 additional weeks of paid leave. This is specifically for caring for an infant in neonatal intensive care.
This doesn’t count against your regular parental leave. It’s separate. So you could take 12 weeks for bonding with your baby, then another 12 weeks if they’re in the NICU. Plus the standard FAMLI benefits. That’s a lot of protected time.
The law even covers parents whose babies were in the NICU before 2026. You can still get these benefits retroactively.
Honestly, this is huge for families dealing with premature births or babies with health complications. NICU stays are stressful enough without worrying about losing your job or paycheck.
How to Apply for FAMLI Benefits
You don’t go through your employer for FAMLI. You apply directly with the state. There’s an online portal at famli.colorado.gov where you file your claim.
You’ll need documentation. Medical certification from a doctor for health conditions. Birth certificates for new babies. That kind of thing. The state reviews your claim and decides if you qualify.
The whole process takes about two weeks once you submit everything. If approved, you get weekly payments. You can choose direct deposit or a prepaid debit card.
Give your employer 30 days notice if you can. Sometimes you can’t plan that far ahead. Medical emergencies happen. Just notify them as soon as possible.
Job Protection Rules
FMLA protects your job from day one if you qualify. You get to come back to the same position or an equivalent one with the same pay and benefits.
FAMLI only guarantees job protection after 180 days with your employer. Before that, you can still get the money. You just don’t have the legal right to your exact job back.
Both programs protect you from retaliation. Your employer can’t punish you, demote you, or treat you differently for taking protected leave. That’s illegal.
If you’ve been at your job for more than six months and you qualify for both programs, you’ve got solid protection. The feds and the state both have your back.
Penalties for Employer Violations
Colorado doesn’t mess around with FAMLI violations. The state added a bunch of new penalties in 2025.
Employers who interfere with your FAMLI benefits can get fined $50 per employee per day. That adds up fast. Failing to maintain your health insurance during leave? That’s $500 per employee per day.
Not paying premiums on time? $50 per employee whose premiums weren’t paid. These fines are automatic. The state doesn’t need to prove intent.
If an employer violates your rights, you can file a complaint. The state investigates. If they find wrongdoing, your employer might have to give you your job back. Plus pay you lost wages. Plus potentially liquidated damages equal to what you lost. Plus your attorney fees.
Under FMLA, violations can lead to federal lawsuits. You can sue for back pay, front pay, and double damages in some cases. You have two years to file for regular violations. Three years if the violation was willful.
What Employers Must Do
Colorado employers have responsibilities under both programs. For FMLA, they need to post notices about employee rights. Respond to leave requests within five business days. Maintain your health insurance while you’re gone.
For FAMLI, they have more to do. They must register with the state. Collect and pay premiums quarterly. Notify employees about the program when they’re hired. Notify them again when something happens that might trigger eligibility.
Employers can’t require you to exhaust your PTO before using FAMLI. They also can’t interfere with your application or try to discourage you from applying.
Many employers are still figuring this out. FAMLI is relatively new. If your employer seems confused, point them to the state’s employer toolkit. It has everything they need.
Special Cases and Exceptions
Federal government employees don’t get FAMLI. They’re specifically excluded. They might have their own programs through their agency.
Local government employees might not have FAMLI either. Cities, counties, and school districts can vote to opt out. If they do, those employees can individually opt in and pay both portions of the premium themselves.
Some employers offer private plans instead of using the state program. The private plan has to be at least as good as FAMLI. Same benefits, same protections, same money. If your employer does this, you might see different deductions on your paycheck.
Intermittent leave is allowed under both programs. You don’t have to take all 12 weeks at once. You can take it in chunks. A few days here, a week there. This works well for ongoing medical treatments.
Common Questions People Ask
Wait, can I use both programs at the same time? Yes. If you qualify for both FMLA and FAMLI, they run together. You get unpaid leave from FMLA and paid benefits from FAMLI for the same time period.
Do I have to use my sick time first? Not for FAMLI. Your employer can’t force you to burn through your PTO. For FMLA, it depends on your employer’s policy. Some require it, some don’t.
What if I work for multiple employers? Your FAMLI eligibility is based on your total Colorado wages. It doesn’t matter if you earned that $2,500 from one job or three jobs. For FMLA, each employer is separate.
Can my employer fire me while I’m on leave? Not if you’re protected under FMLA or FAMLI. That’s literally the point of these programs. If they do, that’s retaliation and you should file a complaint immediately.
What counts as a serious health condition? Anything requiring inpatient care or continuing treatment by a healthcare provider. This includes chronic conditions, pregnancy, and mental health issues. Your doctor decides what’s serious enough.
How to File a Complaint
If your employer violates your FMLA rights, contact the U.S. Department of Labor’s Wage and Hour Division. They investigate federal violations. You can also file a lawsuit in court.
For FAMLI violations, file a complaint with Colorado’s Job Protection and Retaliation Investigations Unit. They’re part of the FAMLI Division. Use the official complaint form on the state website.
The state has 90 days to review your complaint. If they investigate and find violations, they can order your employer to give you your job back. Plus damages. Plus penalties.
Don’t wait too long to file. You have time limits. For FMLA, it’s generally two years. For FAMLI, check the current statute of limitations. Get your complaint in as soon as you realize there’s a problem.
Keeping Your Health Insurance
Both programs require your employer to maintain your health benefits while you’re on leave. You keep the same coverage at the same cost. Nothing changes.
You still pay your normal share of the premium. Your employer can ask you to pay your portion while you’re gone. Most employers set up a payment plan or deduct it from your FAMLI benefits if you agree.
If you don’t come back after your leave, your employer might be able to recover the premiums they paid. But only in specific situations. Like if you quit when you were supposed to return.
Changes Coming in 2026
The premium rate dropped slightly. It’s now 0.88% instead of 0.9%. Small change, but it saves workers a few bucks.
The NICU leave expansion is the big one. Parents get 12 extra weeks just for NICU care. This is huge for families with complicated births.
Maximum benefit amounts go up each July. As of July 2025, the max is $1,381.45 per week. It’ll probably increase again in July 2026.
The state keeps tweaking the rules. They’re getting better at enforcement. They’re issuing more fines. They’re making it easier for employees to file complaints. This is all good news for workers.
What About Self-Employed Workers?
If you’re self-employed, you can opt into FAMLI. You pay both portions of the premium yourself. That’s the full 0.88%. But you get access to all the same benefits.
You need to register and start paying premiums. Your first payment needs to be in before you can claim benefits. So plan ahead. Don’t wait until you need the leave to sign up.
Once you’re in, you’re treated like any other worker. Same eligibility rules. Same benefit amounts. Same protections against retaliation. Well, you can’t retaliate against yourself, but you get the idea.
If you hire even one employee, you have to register as an employer instead. Then you follow all the employer rules. Pay premiums for your workers. File quarterly reports. The whole thing.
Tips for Using These Programs
Document everything. Keep copies of your leave requests, medical certifications, and all communications with your employer. You’ll need this if there’s ever a dispute.
Apply for FAMLI benefits as soon as you know you’ll need leave. The two-week processing time means you want to get ahead of it. Don’t wait until your first day off to file.
Understand your employer’s specific policies. Some offer additional benefits on top of FMLA and FAMLI. Some have stricter notice requirements. Get it in writing.
Talk to HR if you’re confused. Most HR departments want to help you get this right. They don’t want violations any more than you do. Ask questions. Get clarity.
If you’re taking intermittent leave, keep detailed records. Track every day you’re out. Make sure your employer does too. Discrepancies cause problems later.
Final Thoughts
Colorado workers have solid leave protections. Federal FMLA gives you unpaid time off with job protection. State FAMLI gives you actual money to live on. Together, they make taking necessary leave less scary.
The system isn’t perfect. Navigating two programs can be confusing. The eligibility rules are different. The application processes are separate. But once you understand how it works, it’s manageable.
The key takeaway? If you need time off for medical or family reasons, you probably have options. Maybe just FMLA. Maybe just FAMLI. Maybe both. Check your eligibility for each program. Don’t assume you’re not covered.
And if your employer gives you grief about taking protected leave, know your rights. File complaints. Talk to lawyers. These programs exist to protect you. Use them.
Frequently Asked Questions
Can I take FMLA leave to care for a grandparent?
Not under federal FMLA unless you legally stand in place of a parent. But Colorado’s Family Care Act lets you use paid sick leave for grandparents. It’s different from FAMLI but still worth knowing about.
Do FAMLI benefits get taxed?
Yes and no. Family leave benefits aren’t taxed. Medical leave benefits for your own health condition count as taxable wages. The IRS treats them as third-party sick pay. Taxes will be withheld starting in 2027.
What happens if my employer doesn’t pay FAMLI premiums?
File a complaint with the state immediately. Your employer could face fines of $50 per employee for each late payment. You should still be able to get your benefits even if your employer messed up the premiums.
Can I take FAMLI leave for mental health issues?
Absolutely. Mental health conditions are treated the same as physical health conditions. Depression, anxiety, PTSD, and other diagnosed conditions all qualify. You’ll need certification from your mental health provider.
Do I get my full salary while on FAMLI leave?
No. FAMLI replaces between 37% and 90% of your wages depending on how much you earn. The exact amount varies. Lower earners get a higher percentage. The maximum is capped at about $1,381 per week as of mid-2025.