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

Providing Colorado Family & Medical Leave Insurance (FAMLI) benefits, Colorado’s version of a Paid Family & Medical Leave (PFML) program, is required for all employers in the private sector if they meet one the following criteria:

  • employ at least one employee who 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 Plan or through an approved 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.
    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 employees of the Federal Government or federal entities.

  

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

Employer contributions for FAMLI depend on their total number of employees (regardless of where in the United States they physically work):

  • 9 or fewer
    total employees

    no employer contribution required

  • 10+ or more
    total employees

    employers are required to remit 50% of the premium required for their Colorado employees

 

Determining your total 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), regardless of how many hours/days the employees 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. A 10th employee also 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 thereby meeting the threshold for contributions, and would be required to contribute the employer share of the premium.

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 employee count threshold for a required contribution of the employer share of FAMLI premium. Employers may 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. However, employers can optionally cover the cost of coverage for their employees.


Determining your total employee headcount: remote and national employees

When it comes to counting remote and national employees, if the employer has more than ten TOTAL employees – even if they work outside of Colorado – the employer is still responsible for sending in the full premium (employer plus employee share).

Here is an example

If you are a NY company and have 1 CO employee, but 300 employees in NY, your Total Employee Count is 301 and you must pay the employer share. Your “employee count” is 1 and you have to report 1 employee quarterly and need to pay premium on that 1 employee’s wages.

For more information about reporting remote and national employees, please visit the FAQs on CO FAMLI Division’s Employer page.


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 thereafter at the beginning of each calendar quarter. Check out the CO FAMLI Division’s Submitting Your Wage Reports section for more information.

Total employee headcount is used to determine the employer size for whether the employer is responsible for contributing their share of premium, whereas the employee count for premium calculation and wage reporting is different.

The employee count is required for a FAMLI premium/wage report and only includes Colorado employees: simply report the number of employees who work in Colorado on your quarterly wage report. Visit the CO FAMLI Division’s page for Employers to more information on localization for nationwide employees and remote employees.


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, and 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. ShelterPoint does not offer a Private Plan policy for self-employed individuals.

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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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. Any program information is based on our knowledge and understanding of CO’s applicable laws and regulations as of the publication date and may change as regulations evolve or CO issues updated guidance. Further, this material is for illustrative purposes only, providing a general overview of the services described. It is not a contract nor intended as an offer of coverage.

Policies are subject to Underwriting approval. Policies are reviewed annually and may be cancelled for nonpayment. All coverage extends to limits reflected in the policy. Please refer to the policy for coverage details pursuant to its governing law, including a complete listing of covered services, provisions, conditions, exclusions, limitations, and terms under which the policy may be continued or cancelled. In the event of conflicting information with the policy and its governing Law, the policy and governing Law will take precedence over what is shown in this material. Claim payment is not guaranteed; benefit amount depends on wages.

The Colorado Paid Family and Medical Leave Insurance Act § 8-13.3-501 et seq., C.R.S and its implementing regulations including 7 CCR 1107-1, et seq. govern this Private Plan and its interpretation and administration. Available in CO only.

Underwritten by: ShelterPoint Life Insurance Company (principal office in Garden City, NY) in: CO (form# SPL PFMLP 0123 CO).


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