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What Is Colorado FAMLI?

The Colorado Family and Medical Leave Insurance (FAMLI) Act provides eligible employees with job-protected, partially-paid time off, effective January 1, 2024. The Family Leave component of this new, state-required benefit can be used, for example, to bond with a new child, care for a seriously ill family member, or to make arrangements for a family member’s military deployment for up to 12 weeks per year. The Medical Leave portion is for an employee’s own serious health condition; this includes pregnancy or childbirth complications, in which case an additional 4 weeks may apply. The employee may also take FAMLI leave to attend to their medical, legal or other needs as a result of domestic violence, harassment, sexual assault, or stalking.


Pregnant woman on the street


    

CO FAMLI: Key Dates To Remember

 

CO FAMLI Key Dates graphic

 

  • November 3, 2020: Colorado voters approved Proposition 118, which ultimately established the creation of FAMLI (Family & Medical Leave Insurance).

  • December 1, 2022 Business registration is now available:

    • All Colorado employers required to provide Family & Medical Leave Insurance coverage must register with the FAMLI Division’s online portal called My FAMLI+ Employer – regardless of what type of plan you are choosing to provide.  
  • January 1, 2023: Employers have to start withholding employee contributions for the state plan (even if they intend to provide a private plan).

  • April 30, 2023: Employers have to complete registration and the first premium payments and wage reports are due.

    Extended deadline is May 31, 2023. Employers may view their dashboard on the MyFAMLI+ Employer portal for additional information.

  • October 31, 2023:
    • Deadline for private plan applications with a desired effective date of January 1, 2024, to be submitted to the FAMLI Division
  • January 1, 2024: Benefits are scheduled to begin.

Please check back for updates to this page and subscribe here to stay up-to-date with requirements regarding Private Plans. 

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Are All Colorado Employers Required To Provide FAMLI?

Generally speaking, private sector employers have to provide this new benefit, while public sector employers like Local Governments have the option to opt-out.

Employer in a meeting

Colorado State Capitol

Do Colorado Employers Have To Provide FAMLI Through The State Plan?

While most Colorado businesses need to have CO Family & Medical Leave Insurance in place by January 1, 2024, they have the option to provide this benefit through the state-run plan or through an equivalent, approved Private Plan.


What Is An Approved Private Plan?


It’s an alternative to the Colorado State Plan for FAMLI and can be either self-insured by the employer or provided through an approved insurance carrier like ShelterPoint*.  An approved Private Plan must at least meet or exceed the rights, protections and benefits of the State Plan.

Learn about Private Plan advantages and how to apply here 

 


Who Is Eligible To Request Paid Leave Under FAMLI Benefits?


Most employees, who are covered by a FAMLI plan, are eligible to file for paid leave after earning 
at least $2,500 in Colorado over the course of a year.

 

Smiling male employee
Smiling female employee
Smiling male employee
Smiling female employee

    

How Much Is FAMLI Coverage And Who Pays For It?



FAMLI State Plan premiums for the first year are set at 0.9% of an employee’s wage. 

 

  • The employer may take up to half of the premium in form of an employee contribution, i.e. a maximum of 0.45% for an even split. 
  • Employers with less than 10 employees don’t need to pay an employer share but still need to remit their employee’s share.

Employers have the option to withhold a smaller percentage of employee contribution or no contribution at all as an extra perk – as long as they remit the full premium due to the FAMLI Division or approved private plan insurance carrier.

The CO FAMLI Division’s Premium & Benefits calculator is a useful tool to estimate an employee’s contribution (if required) and benefits payout.



  

What Should Colorado Employers Do Before January 1, 2024?


There are several things to arrange before the benefits become effective in 2024, for example:

  • Employers regardless of size or sector need to register with the FAMLI Division before the end of the first quarter in 2023.. 
  • The first contribution is due no later than April 30, 2023.
  • Local Governments wishing to opt out of FAMLI coverage need to declare their intent with the FAMLI Division. The CO FAMLI Division’s FAQs for Local Governments are a helpful resource. 

As your experts in Statutory Benefit Program, we’re here to help you as you prepare for this new requirement for Colorado Employers.

Sign up for updates here!

 

Are Employees Required To Participate In The FAMLI Program?


Unless the employee works for a local government or is self-employed, they have to participate in this new state-required program.

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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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