Colorado’s paid family leave requirements for employers apply to nearly every business with even one worker in the state. If that’s you, you need to register with the Family and Medical Leave Insurance (FAMLI) Division, collect and remit premiums of 0.88% of wages each quarter, post the official workplace notice, protect jobs for employees who take leave, and keep records for five years. Missing any of these steps can cost up to $500 per violation plus civil damages.
Who Has to Participate
If you have at least one employee working in Colorado, you’re in. That covers private businesses, nonprofits, and local government agencies. Registration happens through the My FAMLI+ Employer online portal, where you’ll enter your Federal Employer Identification Number, the legal business name as it appears on federal tax filings, and contact information for the person who will manage the account.
Local governments get an option private employers don’t have. Their governing body can vote to opt out entirely or participate at a reduced level. A local government that declines full participation still has to register in My FAMLI+ Employer, notify employees within 30 days of the vote, and revisit the decision at least every eight years.1Family and Medical Leave Insurance (FAMLI). FAQs for Local Governments Employees of an opted-out local government can still enroll individually, but their jobs aren’t protected under FAMLI during leave.2Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs
Premium Rate and Who Pays What
The 2026 premium is 0.88% of each employee’s wages, capped at the Social Security wage base of $184,500.3Family and Medical Leave Insurance (FAMLI). Premium and Benefits Calculator4Social Security Administration. Contribution and Benefit Base How that total splits depends on your headcount:
- Ten or more employees: You pay 0.44% and withhold 0.44% from each employee’s wages, remitting the full 0.88% to the state each quarter.
- Fewer than ten employees: You withhold 0.44% from each employee’s wages and remit only that. The employer share isn’t required, though you can pay it voluntarily.5Family and Medical Leave Insurance (FAMLI). Employers
The statute caps the premium at 1.2% of wages per employee, so the rate can rise in future years if the fund needs more revenue.6Justia. Colorado Code 8-13.3-507 – Premiums
How Employees Get Counted
The ten-employee threshold isn’t a payroll snapshot. You count every employee who worked during 20 or more calendar weeks in the previous year, even those who worked only one day a week. Anyone who worked fewer than 20 weeks doesn’t count.7Family and Medical Leave Insurance (FAMLI). Small Business Corner You need to update your Annual Total Employee headcount by the end of February each year. If you don’t, FAMLI assumes you have ten or more employees and bills you the full premium.8Family and Medical Leave Insurance (FAMLI). Employer FAQs
Quarterly Deadlines
Premium payments and wage reports follow the same schedule as unemployment insurance filings. Each report is due the last day of the month after the quarter ends:5Family and Medical Leave Insurance (FAMLI). Employers
- Q1 (January–March): April 30
- Q2 (April–June): July 31
- Q3 (July–September): October 31
- Q4 (October–December): January 31
Submit through the My FAMLI+ Employer portal by uploading a standardized CSV file or entering data by hand. Payment goes through ACH credit, ACH debit, or a mailed check. The system issues a confirmation receipt when the filing goes through. Missing a deadline triggers interest and late penalties, so put these dates on the same calendar as your quarterly tax filings.
Holding the Job While an Employee Is on Leave
FAMLI isn’t just a benefit payment program. If an employee worked for you for at least 180 calendar days before leave started, you have to put them back in the same position when they return. That 180-day count includes vacation, sick time, and other time away from work, not just days physically on the job.2Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs
Leave itself can run up to 12 weeks per year across all qualifying reasons, with an additional four weeks available for pregnancy or childbirth complications.9Family and Medical Leave Insurance (FAMLI). Home The Division approves claims and pays benefits directly; you don’t cut the check. What you do is keep the position open and the employee employed throughout.
Retaliation Rules and Penalties
Colorado law prohibits interfering with an employee’s FAMLI rights or retaliating against anyone who uses them. You cannot discipline, demote, suspend, cut hours, or fire someone for requesting or taking FAMLI leave, filing a complaint, or telling coworkers about their rights.10Justia. Colorado Code 8-13.3-509 – Leave and Employment Protection
One rule catches employers off guard more than any other. Counting FAMLI leave as an absence under an attendance policy is treated as automatic retaliation. If a point-based system dings an employee for being on FAMLI leave, that’s a violation regardless of intent.
The exposure is real. FAMLI can assess fines of up to $500 per covered individual per violation. On top of that, an aggrieved employee can file a civil suit and recover the same damages and equitable relief available under the federal FMLA, including lost wages, benefits, and attorney’s fees. The filing window is generally two years, extended to three years for willful violations.
Posters and Written Notices
Every employer must display the official FAMLI poster where employees can see it: a breakroom, near a time clock, or a similar spot. For remote or app-based workforces, distribute the notice electronically or post it on an intranet or platform employees already use.11Legal Information Institute. Colorado Code 7 CCR 1107-3.7 – Requirements Regarding Notice to Employees The posters are free to download from the FAMLI Division’s website.
You also have to give individual written notice to new hires explaining their rights under the program. Provide the same notice whenever a current employee tells you about a qualifying life event, so they know how to file a claim before they’re in the middle of one.
Five-Year Recordkeeping Rule
Keep all FAMLI-related records for at least five years from the date they were created. That includes copies of filed wage reports, premium payment receipts, and employee notices you handed out. If the state audits your account or an employee disputes a benefit, those records are your proof of compliance. Five years is longer than the three-year retention period required under the federal Fair Labor Standards Act for general payroll records, so don’t assume your existing payroll retention schedule covers FAMLI.
Using a Private Plan Instead
Colorado lets you provide FAMLI coverage through a private insurance carrier or a self-insured arrangement, but the private plan has to meet or exceed every benefit the state plan offers.12Justia. Colorado Code 8-13.3-521 – Substitution of Private Plans The plan must:
- Cover the same qualifying events for the same number of weeks (12, or 16 for pregnancy and childbirth complications).
- Provide at least the same wage replacement rate and maximum weekly benefit.
- Cost employees no more than the state plan’s 0.44% wage deduction.13Legal Information Institute. Colorado Code 7 CCR 1107-5.3 – Private Plan Requirements
Submit the plan to the FAMLI Division for approval and pay an administrative fee, plus an ongoing maintenance fee to keep it active. You must also notify employees of the switch at least 30 days before the private plan takes effect. Going self-insured means posting a surety bond that guarantees your ability to cover future claims; the bond premium typically runs between 1% and 15% of the bond’s face value, depending on your financial profile and workforce size.
Private plans require ongoing reporting to confirm active coverage. If the plan lapses or falls below state standards, you’ll be moved back to the state fund and held responsible for any gap in coverage.