Colorado PFML (FAMLI): Eligibility, Benefits, and Filing a Claim

Colorado’s FAMLI program — Paid Family and Medical Leave Insurance — gives most workers in the state partial wage replacement when they take time off for their own serious health condition, to care for a family member, to bond with a new child, to deal with the aftermath of domestic violence or sexual assault, or for certain military family needs. For claims starting in the 2025–2026 benefit year, the weekly payment tops out at $1,381.45, you can take up to 12 weeks (16 if you have pregnancy or childbirth complications), and you file through the state’s My FAMLI+ portal.

Who Qualifies for FAMLI

You’re eligible if you’ve earned at least $2,500 in wages subject to FAMLI premiums during your base period, which generally covers the most recent five completed calendar quarters before your claim.¹ There’s no minimum hours requirement, and the threshold is tied to your total wages rather than tenure with one employer, so you can switch jobs and still qualify as long as your combined earnings reach $2,500.

Private-sector employees in Colorado are enrolled automatically. Local government employers are the only employers that can vote to opt out of FAMLI; if yours has, you won’t see premiums deducted and won’t be eligible for state-plan benefits through that job.²

If you’re self-employed, coverage is voluntary. You opt in through the My FAMLI+ Employer portal by uploading your most recent IRS 1040 Record of Account Transcript and a government-issued photo ID. Coverage isn’t retroactive, and you have to report wages and pay premiums for at least one full quarter before you can collect benefits.³

Some employers run an approved private plan instead of using the state fund. The plan has to match or exceed the state program on duration, wage replacement, conditions, and employee deductions.⁴ If that’s your situation, you file through your employer’s plan rather than the state portal, and your benefits should be at least as generous as what’s described below.

What You Can Take Leave For

FAMLI covers five categories of leave:

Your own serious health condition, meaning an illness, injury, pregnancy, recovery from childbirth, or physical or mental condition involving inpatient care or ongoing treatment by a healthcare provider.¹
Caring for a family member with a serious health condition.
Bonding with a new child during the first year after birth, adoption, or foster placement.⁵
Safe leave to address needs stemming from domestic violence, stalking, or sexual assault — things like seeking legal help, relocating, or getting counseling.
Military family exigencies tied to a family member’s active-duty service or impending call to active duty, including arranging childcare, handling legal or financial matters, attending military events, or spending time with the service member during rest and recuperation leave.⁶

Who Counts as a Family Member

FAMLI’s definition is broader than many workers expect. It covers your spouse or domestic partner, children (biological, adopted, foster, or step), parents and stepparents, grandparents, grandchildren, and siblings, plus in-laws in each of those categories.¹

It also includes chosen family. If you have a significant personal bond with someone that resembles a family relationship, that person can qualify even without a biological or legal tie. The FAMLI Division looks at factors like shared financial responsibility, emergency contact designations, cohabitation history, and prior care arrangements when assessing those relationships.⁷

How Much You’ll Get and for How Long

Your weekly benefit depends on how your average weekly wage compares to Colorado’s state average weekly wage, which is $1,534.94 for the 2025–2026 period. The formula replaces a higher share of income for lower-wage workers:

The first $767.47 of your weekly wage (50% of the state average) is replaced at 90%.
Anything above that is replaced at 50%.

The weekly benefit is capped at 90% of the state average weekly wage, or $1,381.45.⁸ If you earn $1,000 per week, you’d get 90% of the first $767.47 ($690.72) plus 50% of the remaining $232.53 ($116.27), for roughly $807 per week. The FAMLI website has a calculator for exact figures.⁹

You can take up to 12 weeks within an application year, which begins on the first day of your approved leave. Pregnancy or childbirth complications add up to four more weeks, for a maximum of 16. Leave can run continuously, intermittently (individual days), or on a reduced schedule (shorter workdays). There’s no waiting period before benefits become effective.¹⁰

For continuous leave, your first payment won’t be issued until you’ve missed one full week of work. On intermittent or reduced-schedule leave, you complete a weekly certification each Sunday and payment typically arrives about 48 hours later.¹¹

What Comes Out of Your Paycheck

FAMLI is funded through a 0.88% payroll premium split evenly between you and your employer, so your share is 0.44%. On a $60,000 salary, that works out to about $264 per year, or roughly $22 per month.¹²

Is Your Job Protected

FAMLI leave is job-protected only if you’ve worked for your employer for at least 180 days before leave starts.¹³ Once you clear 180 days, you’re entitled to return to the same position or an equivalent role with equivalent pay and benefits, and your employer has to keep your health insurance in place while you’re out.¹⁴

If you haven’t hit 180 days, you can still receive benefit payments. You just don’t have a legal guarantee that your specific job will be waiting for you.

Retaliation is illegal. That includes firing, cutting hours, discipline, or refusing to reinstate you for applying for leave, taking it, discussing FAMLI with coworkers, or filing a complaint. Complaints go to the FAMLI Division’s Job Protection and Retaliation Investigations Unit, which reviews them within 90 days. Successful complaints can result in monetary damages and reinstatement.¹⁴

How FAMLI Fits With FMLA, PTO, and Disability

If your situation qualifies for both FAMLI and the federal Family and Medical Leave Act, the two run concurrently. You don’t stack 12 weeks of each.¹³ FAMLI pays you; FMLA is unpaid but adds federal job-protection rights for employees of larger companies.

Your employer can’t make you burn through PTO or sick leave before or during FAMLI leave. You can choose to use PTO to top off your FAMLI payment so your combined income approaches your normal paycheck, but that requires a written agreement and the total can’t exceed your average weekly wage.¹⁵

Private short-term disability policies interact with FAMLI differently depending on the policy. Some require you to exhaust FAMLI leave first, some count FAMLI payments toward their own benefit obligations, some do neither. Your employer has to give you written notice of any restrictions on using both.¹⁵

Taxes on FAMLI Benefits

FAMLI benefits are exempt from Colorado state income tax. The exemption applies to all benefit types, including medical leave payments.¹⁶

For federal taxes, FAMLI issues you a Form 1099-G reporting your total benefits for the year. You can elect federal income tax withholding on your payments to avoid a surprise at tax time. For 2026, FAMLI benefits aren’t treated as third-party sick pay, and there are no FICA or FUTA obligations on these payments.¹⁶ If you don’t elect withholding, set aside a portion of each payment for your federal return.

How to File a Claim

When leave is foreseeable, give your employer 30 days’ notice before it starts. When it isn’t, you have up to 30 days after leave begins to apply for benefits. Either way, you file through the My FAMLI+ portal.¹⁷

What to Have Ready

Before you start, gather:

Your Social Security number or Individual Taxpayer Identification Number.
Your employer’s name, address, and contact information.
For a serious health condition claim (yours or a family member’s), a Serious Health Condition Form completed and signed by a U.S.-licensed healthcare provider. Providers registered in My FAMLI+ can certify entirely online; otherwise you download the form from inside your claim, take it to your provider, and upload the signed version.¹⁸
For bonding leave, a birth certificate or adoption or foster placement decree.
For military exigency leave, active-duty orders or official Department of Defense documentation.

Upload files as PDFs or high-quality images, with your name and relevant dates clearly visible. Having everything ready before you log in helps you avoid a session timing out mid-application.

Filing and Getting Paid

Create your My FAMLI+ account, enter your personal details, select the type of leave, upload documents, and submit. You can also file on someone else’s behalf if you meet the designated representative requirements.¹⁷ Payments go out by direct deposit or a state-issued debit card. Direct deposits arrive 24 to 72 hours after processing, depending on your bank.¹¹

If Your Claim Is Denied

Start with a reconsideration request, filed directly through your My FAMLI+ account. That asks the FAMLI Division to re-evaluate the decision using what’s already on file or any new documents you provide.¹⁹

If reconsideration doesn’t resolve it, file a formal appeal. Include a clear explanation of why you’re challenging the decision, a copy of the determination notice, and any supporting documentation. The Appeals Unit reviews submissions and assigns valid appeals to a Hearing Officer, who may schedule a hearing with the parties involved.¹⁹ Thorough documentation on your original filing — especially a complete medical certification — gives you a stronger position if you end up in an appeal.

1
Justia. Colorado Code 8-13.3-503 – Definitions
2
Family and Medical Leave Insurance (FAMLI). Local Governments
3
Family and Medical Leave Insurance (FAMLI). Opting in to FAMLI
4
Family and Medical Leave Insurance (FAMLI). Private Plans
5
Family and Medical Leave Insurance (FAMLI). Individuals and Families
6
Family and Medical Leave Insurance (FAMLI). Military Family Members (Exigency) Leave
7
Family and Medical Leave Insurance (FAMLI). Medical Leave to Care for a Family Member
8
Family and Medical Leave Insurance (FAMLI). Rules and Guidance
9
Family and Medical Leave Insurance (FAMLI). Premium and Benefits Calculator
10
Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs
11
Family and Medical Leave Insurance (FAMLI). What to Expect From Your First FAMLI Payment
12
Family and Medical Leave Insurance (FAMLI). Employers
13
Family and Medical Leave Insurance (FAMLI). FAMLI and FMLA
14
Family and Medical Leave Insurance (FAMLI). Job Protection and Retaliation
15
Family and Medical Leave Insurance (FAMLI). FAMLI and Other Types of Leave
16
Family and Medical Leave Insurance (FAMLI). IRS Tax Guidance
17
My FAMLI+. My FAMLI+ Benefits Portal
18
Family and Medical Leave Insurance (FAMLI). Medical Leave to Care for Yourself
19
Family and Medical Leave Insurance (FAMLI). Appeals FAQ