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Statutory Benefits

CO Family & Medical Leave Coverage Requirements

Which CO Employers are Required to Provide FAMLI to Their Employees?

Providing FAMLI (Family & Medical Leave Insurance) benefits will be required for all Colorado employers in the private sector starting January 1, 2024 if they meet one the following criteria:

  • employ at least one employeewho works at least 20 weeks in the current (or prior) calendar year (see below for details on employee location), or
  • pay at least $1,500 or more in wages during any calendar quarter in the preceding calendar year.
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Requirements and options for Local governments are different. Learn more about local governments here.

Regardless, all Colorado employers must register on the My FAMLI+ Employer portal and create an account.

Can a business opt-out?

If a private sector business meets the requirements outlined above, it can’t opt-out of providing FAMLI benefits. It can choose how to provide those benefits: either through the State or with a private plan.




Which CO Employers are Not Required to Provide FAMLI

  • Local governments are not required to provide FAMLI and can choose whether to participate, including P-12 Charter Schools
    See more details on the options for local governments here.
  • Independent contractors and self-employed individuals are excluded but may opt-in to the State Plan. See more details on the opt-in process for self-employed individuals in our FAQs, here

Are there other types of excluded employment?

Yes, employees subject to the federal “Railroad Unemployment Insurance Act” are excluded along with employers and employees of the Federal Government

  

How Does an Employer Determine Whether it is Required to Contribute to CO FAMLI?

Employer contributions for FAMLI depend on the total amount of employees at the organization (regardless of the state where they work):
  • 9 or fewer
    total employees

    no employer contribution required

  • 10+ or fewer
    total employees

    employers are required to remit 50 % of the premium required for an employee (for 2024-0.45% on eligible wages for their Colorado employees)

 

Determining your employee headcount: the 20-week requirement

When assessing the total number of employees to cover, count the total number of

  • full-time,
  • part-time, and
  • seasonal employees

who were on the payroll for at least 20 calendar weeks in the preceding calendar year (even if they are no longer employed for that company, they are still counted and reported to the FAMLI Division) and regardless of how many hours/days they worked within each week.

Here is an example

let’s say an employer has 9 employees who worked the entire year in the preceding calendar year. The 10th employee worked for 23 weeks, left the company, and was replaced by an employee who worked for 21 weeks.

This employer, therefore, had 11 employees for FAMLI purposes and has met the threshold for contributions and would be required to contribute the employer portion.

It is important to note that this count of employees by their length of employment is used to determine whether the employer has met the total size requirements to contribute the employer share of FAMLI premium. Employers must withhold the employee share of the premium from every CO employee on their payroll – even if the employee has just started working for the company.

Employers can optionally cover the cost of coverage for their employees.


How to Determine the Employee Count for a CO FAMLI Premium Report or Other Wage Filing?


Under the State Plan, employers need to report the employee count upon the initial registration and there after at the beginning of each calendar quarter. Check out the CO FAMLI Division’s Submitting Your Wage Reports on the CO FAMLI Employer page for more information.

The employee count used for a FAMLI premium/wage report is required for Colorado employees only - simply report the number of employees who work in Colorado on your quarterly wage report

Let’s take a closer look at how this works based on the employees location:

Employee lives in: Employee physically works in: CO FAMLI Coverage Required
CO CO
CO Another state(s)
Another state CO
Another state Primarily in CO, but works in ONE other state
Another state Base of operations is in Colorado, but works in other state(s)
Another state Another state

This table illustrates that only those employees who work within the state of Colorado are subject to FAMLI, and therefore need to be counted for premium purposes. Check out more examples on our Premium/Contributions web page .

Reporting requirements for private plans are determined by the individual private plan carrier, so be sure to check with your carrier. For ShelterPoint, specifically, we do not require CO FAMLI wage reports but bill quarterly in arrears on a self-reported bill.

 

Can individual employees opt-out of FAMLI coverage?

No, employees or individuals who are required to be covered under the FAMLI law can’t opt-out.

CO FAMLI Frequently Asked Questions About Coverage Requirements

Are Self-employed Individuals Eligible for Family & Medical Leave?

Self-employed individuals including independent contractors, sole proprietors, partners, or joint venturers, are not required to participate in the CO FAMLI program but may opt-in to the State Plan. However, if they do opt-in, they must commit to an initial period of 3 years of FAMLI coverage. The election becomes effective on the date when the notice is filed.

If an employer is required to provide CO FAMLI, does that mean an employee is automatically eligible to receive benefits?

Whether a FAMLI claim qualifies for benefit payments depends on several factors. When filing a claim, each specific situation will be evaluated.


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The information in this document is based on our knowledge of the CO Family & Medical Leave Insurance Act (CO FAMLI) and regulations, and may change as regulations evolve or the CO FAMLI Division issues guidance regarding the regulations. This material is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. The information in this material is not intended as an offer of coverage. It is for illustrative purposes only, providing a general overview of the CO FAMLI program. It is not a contract. ShelterPoint Life policies are subject to Underwriting approval. Claim payment is not guaranteed; benefit amount depends on wages. All coverage extends up to policy limits. Policies are reviewed annually and may be cancelled for nonpayment. Please refer to the policy for terms under which it may be continued or cancelled, and for policy exclusions and limitations. In the event of conflicting information with the policy, the policy will take precedence over what is shown in this material. 

The ShelterPoint family of companies operates under the “ShelterPoint” name strictly as a marketing name, and no legal significance is expressed or implied. The ShelterPoint family of companies consists of ShelterPoint Life Insurance Company, a NY-domiciled carrier, and its wholly-owned subsidiary ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. 

Available in Colorado only. Underwritten by: ShelterPoint Life Insurance Company (principal office in Garden City, NY) Policy Form # TBD


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