Colorado workers who need to take time off from work to care for a new baby or family member — or to deal with their own serious health condition — can now receive pay for that time away from their job.
But there are limitations on both the length of paid time available and how much is paid under the state’s Family and Medical Leave Insurance program, known as FAMLI. Colorado voters created the program in 2020 when Proposition 118 passed with nearly 58% support.
Employers and employees began paying into the program last year, evenly splitting the premium set at 0.9% of an employee’s wages. But 2024 is the first year that Coloradans can receive the benefits, with the first claims now being approved.
“We’re proud to have built a claims application system that makes it as simple as possible for Colorado workers to access this important benefit,” FAMLI program division director Tracy Marshall said in a statement. “Most Coloradans have been paying FAMLI premiums for a year now, and we’re excited to have reached the important milestone of issuing our first set of benefit payments.”
As of midday Wednesday, Colorado employees had submitted 8,919 claims since the online portal opened in late November. Of those, 5,537 have been approved, 2,028 are pending as the division waits for more information from the applicants, 605 have been denied and 644 have been canceled, according to the division. A small number of claims were for short periods of leave already taken this month or are claims under review.
Program managers expect to receive 67,700 claims by the end of the 2024 fiscal year, which ends June 30, Marshall said. The first payments went out this week.
Here is more information about how the new program works and answers to common questions.
How does the program work?
The program is considered a “social insurance program,” so the state pays out the claims, and they’re funded partially through premiums split between employers and employees (through paycheck deductions). Some employers, including local governments, have been able to opt out of the new program.
How much paid time off is available?
The FAMLI program provides up to 12 weeks of compensation for employees when they need to take leave — or up to 16 weeks in cases of complications with pregnancy and childbirth.
What situations are eligible for paid leave?
Coloradans who have a new baby or child, whether by birth or through fostering or adoption, can file claims. Employees also are eligible if they have a serious health condition they need time off to manage or if they are dealing with immediate safety needs or impacts from domestic violence or sexual assault.
Paid leave is also available for situations involving a family member, including if employees need to care for a loved one who is dealing with serious health issues or if they need to make arrangements for a family member’s military deployment.
The benefits are available once a year, per qualifying event.
Who’s eligible to apply for paid leave? Do I have to be a full-time employee?
A majority of Colorado employees, whether they work full time or part time, can benefit from the program after they’ve earned at least $2,500 in wages that are subject to FAMLI premiums over a one-year period. Employers have to register for the program, even if they only have one employee, though employers with nine or fewer workers don’t need to make employer contributions to the program. Their employees, who still pay their share of premiums, can still receive the benefits, Marshall said.
When applying for benefits, both part-time and full-time workers are required to list their employers and work schedules. A person with more than one job could take paid leave from multiple employers at one time or from just one employer. They also can take their leave continuously, intermittently or by reducing their work hours.
Self-employed workers who live and work in Colorado also are eligible if they opted into paid-leave coverage prior to applying for benefits, have paid their premiums and have agreed to participate in the program for at least three years.
Marshall said a misconception is that an employee has to have worked for their employer for six months to a year to receive benefits. They can actually take the leave as soon as they begin the job, but there is a caveat: If they want job protection from that employer, they must work there for at least six months before taking the leave.
Do I receive my full wages?
It depends. Compensation is capped at $1,100 per week through the end of 2024, but the actual amount is determined based on the applicant’s average weekly income, with lower-income earners generally receiving a higher percentage.
The division uses a sliding scale based on an employee’s average weekly wage to determine compensation each week. Those who make $710.58 per week or less — equivalent to $36,950 per year — will receive 90% of their average wage, or up to $639.52.
Workers who make more than that will receive an additional amount calculated at 50% of the difference in weekly pay above that threshold, until they reach the maximum. The upshot is that a worker who makes the equivalent of $50,000 per year will receive $765 per week, while someone who makes $65,000 per year will receive $909.23 per week. Those who make at least $84,840 per year — just over $1,631 per week — will receive the maximum $1,100 per week in compensation.
The program’s website has a calculator that workers can use to calculate how much they would receive in benefits.
How can I make up the difference?
Employers can supplement the amount of money their workers receive while on paid leave by allowing them to use paid sick time or vacation time they’ve accrued. The state requires an agreement in writing, and the employee can’t receive more compensation than the amount they would have been paid through their average weekly wage. More details are available on the FAMLI website.
Are DACA recipients and undocumented immigrants eligible?
Immigrants with Deferred Action for Childhood Arrivals status and some undocumented immigrants are eligible if they meet certain requirements. They must earn at least $2,500 in wages and be able to verify their identity by providing either a valid social security number or a taxpayer identification number.
How does this program differ from federal FMLA leave?
On the federal level, the Family and Medical Leave Act of 1993 protects an employee’s job while allowing up to 12 weeks of unpaid leave. Colorado is not the first state to approve a public paid-leave program — eight others have implemented it — but its program is considered among the most progressive. It’s also the first one in the country created through the ballot (following six failed attempts by Democrats in the state legislature).
What if I work for a local government that opted out of the state-run program?
Local governments and some businesses that have similar paid family leave programs have opted out of the state-run system and avoided paying premiums. Workers who want to access those benefits will have to apply through their employers’ programs.
If those workers still want to receive benefits from the state, they can participate by registering ahead of time with the FAMLI program and committing to reporting their wages and paying their portion of premiums for at least three consecutive years, Marshall said.
How do I apply to get paid leave?
Employees can fill out applications on the MyFAMLI+ program’s online portal starting before they go on leave. Anyone filing a claim will have to submit their full contact information, a social security number or taxpayer ID number, their employer’s information, the dates of the leave and how they would like to take the leave (whether through reduced hours or otherwise).
Medical leave — for the employee or to care for a family member — requires an applicant to submit a serious health condition form signed by a licensed medical provider (available on the website). Employees welcoming a child will need to submit a birth certificate or documentation of birth, adoption, foster care or kinship care. Other types of documentation are required depending on the circumstances.
User guides are available in English and Spanish on the FAMLI leave website. The division also is hosting virtual informational town halls in English and Spanish, with remaining sessions on Feb. 1. Registration links are available on the website.
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