Maternity Leave Laws in Colorado (2026): Here’s What Changed
Most people don’t realize how good Colorado’s maternity leave system actually is. Seriously. The state offers paid leave that covers way more than just giving birth. Let’s break down exactly what you’re entitled to.
Colorado passed something called FAMLI in 2020. That stands for Family and Medical Leave Insurance. Since January 2024, workers across the state can actually get paid while taking time off for pregnancy and childbirth. No joke.
What Is FAMLI?
FAMLI is Colorado’s paid family and medical leave program. Think of it like insurance you and your employer pay into every paycheck. Then when you need time off for something big like having a baby, the program pays you a portion of your regular wages.
The system covers most Colorado workers. That includes full-time employees, part-time employees, and even self-employed people who opt in. Pretty comprehensive, right?
Here’s the cool part. The state pays you directly. Your employer doesn’t have to pay your salary while you’re on leave. They just keep contributing to your health insurance.
Basic Maternity Leave Rights
How Much Leave Can You Take?
You get 12 weeks of paid leave per year through FAMLI. That’s for bonding with your new baby.
Had complications during pregnancy or childbirth? You can get 4 extra weeks. That brings your total to 16 weeks.
Hold on, this part is important. Starting January 1, 2026, there’s a brand new benefit. If your baby needs care in a neonatal intensive care unit (NICU), you can get another 12 weeks on top of everything else. That means parents with babies in the NICU could take up to 24 weeks of paid leave.
Honestly, this is the part most people miss. The NICU leave doesn’t reduce your other leave. It’s totally separate. So you could use 12 weeks for NICU care, then another 12 weeks for bonding after your baby comes home.
How Much Money Will You Get?
Your benefit payment depends on how much you earn. The system uses a sliding scale. Lower earners get a higher percentage of their wages replaced. Higher earners get a lower percentage but hit a weekly maximum.
Most people get between 40% and 90% of their regular weekly pay. The maximum weekly benefit is $1,381.45 as of July 2025. That number goes up each year based on Colorado’s average weekly wage.
Here’s how it works. You get 90% of your wages up to 50% of the state’s average weekly wage. Then you get 50% of any remaining wages above that amount. Sound complicated? It’s actually not.
Let’s use an example. Say you earn $800 per week. You’d get most of that replaced. But if you earn $3,000 per week, you’d hit the maximum benefit cap and get $1,381.45 weekly.
Who Qualifies for FAMLI?
Not sure what counts as eligible? Let me break it down.
You need to have earned at least $2,500 in Colorado wages over roughly the last year. Those wages need to be subject to FAMLI premiums. Basically, if you’ve been working in Colorado and seeing FAMLI deductions on your paychecks, you probably qualify.
You don’t need to work for any specific amount of time at your current job to get benefits. The $2,500 threshold can come from multiple employers. This helps people who switch jobs or work part-time.
Job Protection Rules
Wondering if this applies to you? Here’s where job protection comes in.
FAMLI protects your job after you’ve worked for your employer for 180 days. That’s about six months. After that point, your employer has to give you your same job back when you return. Or a similar one with the same pay and benefits.
If you haven’t been at your job for 180 days yet, you can still get FAMLI payments. You just don’t have the job protection part. Makes sense, right?
How FAMLI Premiums Work
You’ve probably noticed a deduction on your paycheck labeled FAMLI. That’s the premium you pay into the system. The rate dropped to 0.88% of your wages in 2026. That’s down from 0.9% in 2025.
Your employer splits this cost with you. You each pay 0.44% of your wages. Some employers are nice and cover your share too. But most don’t.
Small businesses with fewer than 10 employees don’t have to pay the employer share. Their employees still pay the 0.44% though. And those employees still get full FAMLI benefits.
Okay, pause. Read this carefully. Self-employed people can opt into FAMLI too. You have to live and work in Colorado. And you commit to paying premiums for at least three years. But then you get the same benefits as regular employees.
Pregnancy Accommodation Laws
Colorado has separate laws about pregnancy accommodations at work. These kicked in back in 2016. They’re still super important.
Your employer has to provide reasonable accommodations for any health condition related to pregnancy. Or for physical recovery from childbirth. This is true even if you’re not disabled.
What Counts as Reasonable Accommodations?
These can include lots of things:
More frequent bathroom breaks. Longer rest periods. Being allowed to sit down more. Getting help with heavy lifting. A temporary transfer to lighter duty work. Modified schedules. More time to eat and drink water.
Your boss can’t refuse unless the accommodation would cause serious hardship to their business. And honestly, most pregnancy accommodations don’t cost much or cause major problems.
You might need to provide a doctor’s note. Your employer can ask for one stating what accommodation you need. But they can’t just deny your request without good reason.
Protection from Discrimination
Employers can’t take adverse action against you for requesting accommodations. That means no firing, no demotion, no cutting your hours. They also can’t deny you job opportunities just because you’re pregnant or recovering from childbirth.
This part can be tricky, honestly. Some employers try to push pregnant workers out. Or they make things difficult hoping you’ll quit. That’s illegal. You have protections.
Federal Laws That Also Apply
FAMLI isn’t your only protection. Two federal laws matter too.
Family and Medical Leave Act (FMLA)
The FMLA gives you 12 weeks of unpaid, job-protected leave. It applies to companies with 50 or more employees. You need to have worked there for a year and logged 1,250 hours.
The good news? FAMLI and FMLA run at the same time. So you get paid through FAMLI while taking FMLA leave. Two birds, one stone.
Pregnant Workers Fairness Act (PWFA)
This federal law went into effect in June 2023. It requires employers with 15 or more employees to provide reasonable accommodations for pregnancy-related conditions.
The PWFA is similar to Colorado’s accommodation law. But having both gives you extra protection. Colorado’s law has been around longer and sometimes offers more.
How to Apply for FAMLI Leave
Ready to take leave? Here’s what you need to do.
Step 1: Tell Your Employer
Give your employer notice as soon as possible. The law says you should give 30 days notice if you can. If your need for leave is sudden, tell them as soon as practicable.
Your employer will get notified by the state when you apply anyway. But giving them a heads up is the right move. It helps them plan for your absence.
Step 2: Submit Your Application
Go to the My FAMLI+ online portal. You’ll need your personal information, Social Security number, employer details, and the dates you want to take leave.
For medical leave, you’ll need documentation from your doctor. A serious health condition form works. For bonding leave, you just need to show your baby’s birth.
The state has two weeks to review your application once it’s complete. Then they’ll send you a decision. If approved, you start getting payments weekly.
Step 3: Get Paid
FAMLI pays you directly. Not through your employer. You can choose direct deposit or a prepaid debit card.
Payments arrive weekly while you’re on leave. You don’t have to wait until your leave is over. Pretty straightforward.
Special Situations
Using Sick Days or Vacation Time
Your employer can’t force you to use your accrued paid time off before or during FAMLI leave. That’s against the rules.
But you can choose to use it if you want. Just know that if you combine FAMLI with your own paid time off, the total can’t exceed the maximum FAMLI benefit amount.
Multiple Jobs
Working more than one job? You can take FAMLI leave from one employer, multiple employers, or all of them. You decide.
When you apply, you list all your employers and work schedules. The state figures out your benefits based on all your Colorado wages.
Intermittent Leave
You don’t have to take all your leave at once. FAMLI can be taken continuously, intermittently, or as a reduced work schedule.
For example, you might work three days a week instead of five. Or take every other Friday off. This flexibility helps some parents transition back to work.
Wait, it gets better. NICU leave actually must be taken intermittently. That’s because your baby is in the hospital. You’re going back and forth. The law understands that.
Private Plans
Some big employers have their own leave plans. If their plan is as good as or better than FAMLI, they can opt out of the state program.
Employees at these companies still get paid leave. It just comes from the employer’s private plan instead of the state. Colorado State University does this, for instance.
What Your Employer Must Do
Employers have responsibilities under FAMLI too. They can’t just ignore the law.
Posting Requirements
Your employer must post a FAMLI notice in a visible spot at work. The notice explains your rights under the program. They also have to give you individual notice when you’re hired and when they learn you might need leave.
Continue Health Benefits
While you’re on FAMLI leave, your employer has to keep paying their share of your health insurance. You still pay your share too. But your coverage doesn’t end just because you’re on leave.
No Retaliation
Your employer can’t punish you for taking FAMLI leave. They can’t fire you, demote you, or treat you badly. That’s retaliation and it’s illegal.
If your employer retaliates, you can file a complaint. You might be entitled to back pay, lost wages, and other damages. Plus your attorney fees if you hire a lawyer.
Recent Changes for 2026
Okay, this one’s important. Several things changed on January 1, 2026.
NICU Leave Addition
The biggest change? Parents with babies in the NICU get 12 additional weeks of paid leave. This is brand new. It went into effect just this year.
You can use this leave while your infant is receiving inpatient care in a neonatal intensive care unit. It’s separate from your regular bonding leave. So you could take 24 weeks total if needed.
NICU leave must be taken intermittently. You can’t just take all 12 weeks at once while your baby is in the hospital. You use it as needed during the NICU stay.
Lower Premiums
The premium rate dropped from 0.9% to 0.88% of wages. Not a huge decrease. But every little bit helps, right?
Going forward, the FAMLI director will set the rate each year by September 1st. The rate can’t go above 1.2% of wages though. That’s the legal cap.
Tax Treatment Changes
Here’s something technical but important. Starting in 2026, certain FAMLI benefits count as taxable wages for federal purposes.
If you take medical leave for your own serious health condition including pregnancy complications, the IRS treats your FAMLI payments as “third-party sick pay.” That means they’re subject to Social Security and Medicare taxes.
Family leave benefits like bonding with a new baby aren’t taxed this way. Just medical leave benefits. Colorado doesn’t tax any FAMLI benefits for state income tax purposes.
Don’t worry, we’ll break down exactly what you need to know. Your employer and the state handle most of this automatically.
Frequently Asked Questions
Can I use FAMLI for adoption or foster care?
Yep, that’s all you need. FAMLI covers bonding with any new child. Biological, adopted, or foster. You get 12 weeks of paid leave.
What if I had my baby in December 2025?
You can still apply for FAMLI. Benefits started in 2024. So any births from January 2024 onward qualify. But the new NICU leave only applies to babies born on or after January 1, 2026.
Does my employer have to hold my exact job?
After 180 days of employment, yes. They must give you the same position back. Or an equivalent position with the same pay, benefits, and other terms. If you’ve been there less than 180 days, job protection doesn’t apply yet.
What counts as a serious health condition for pregnancy?
Lots of things. Gestational diabetes, preeclampsia, severe morning sickness, pregnancy-induced high blood pressure, complications from childbirth. Your doctor determines this and fills out the paperwork.
Can undocumented immigrants get FAMLI benefits?
Yes, if they meet the requirements. You need to have earned $2,500 in Colorado wages. And you need either a valid Social Security number or a taxpayer identification number. DACA recipients qualify too.
Final Thoughts
Colorado’s maternity leave system is pretty solid compared to most states. You get paid leave. Job protection. Workplace accommodations. And starting in 2026, extra leave for NICU situations.
Most people don’t realize how much they’re entitled to. Now you know the basics. Stay informed, know your rights, and don’t be afraid to use the benefits you’ve paid into.
If your employer gives you trouble, document everything. Save emails, texts, and notes from conversations. And consider talking to an employment lawyer if things get serious. You’ve got protections. Use them.
References
- Colorado Family and Medical Leave Insurance (FAMLI) Official Website – https://famli.colorado.gov/
- Colorado Revised Statutes § 8-13.3-501 (FAMLI Act) – https://leg.colorado.gov/
- Colorado Pregnant Workers Fairness Act (C.R.S. § 24-34-402.3) – https://law.justia.com/codes/colorado/title-24/principal-departments/article-34/part-4/section-24-34-402-3/
- U.S. Department of Labor – Family and Medical Leave Act (FMLA) – https://www.dol.gov/agencies/whd/fmla
- Equal Employment Opportunity Commission – Pregnant Workers Fairness Act – https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act