Do You Get Paid for FMLA in Colorado? FAMLI vs. FMLA

Federal FMLA leave in Colorado is unpaid, but you can get paid for that time through the state’s Family and Medical Leave Insurance program. FAMLI replaces a portion of your wages, up to $1,381.45 per week, while FMLA keeps your job protected. The two programs typically run at the same time, so a single stretch of leave can come with both a paycheck and a job to return to.

Why FMLA by Itself Doesn’t Pay

The federal Family and Medical Leave Act guarantees up to 12 weeks of leave in a 12-month period for the birth or adoption of a child, your own serious health condition, or caring for a spouse, child, or parent with a serious health condition. Military caregiver leave extends to 26 weeks.¹ Your employer must restore you to the same or an equivalent position when you come back and keep your group health coverage going while you’re out.² What federal law does not do is write you a check. Any pay during FMLA has to come from somewhere else: accrued PTO, employer-provided paid leave, disability insurance, or a state program like FAMLI.

FMLA also has strict eligibility rules. You need at least 12 months with your employer, 1,250 hours worked in the prior 12 months, and a worksite with 50 or more employees within a 75-mile radius.³ Many Colorado workers never clear those bars, which is where FAMLI becomes the more important program.

What FAMLI Actually Pays

FAMLI replaces part of your wages on a two-tier formula tied to the state average weekly wage, which is $1,534.94 for the 2025–2026 benefit period.⁴

The first $735.67 of your average weekly wage is replaced at 90%.
Anything above $735.67 is replaced at 50%, up to the weekly maximum.

The ceiling is $1,381.45 per week, which equals 90% of the state average weekly wage.⁴ In practice, a worker earning $1,000 a week would see roughly $794. Someone earning $600 a week would get about $540. Lower earners come out with a higher percentage of their regular pay replaced because of the 90% rate on the first tier. The FAMLI Division publishes a calculator for personalized estimates.⁵

Benefits start from the first day of your leave; there’s no waiting period. Payments are issued in arrears, though, so expect a short delay before the first deposit arrives.⁶

How Long the Pay Lasts

Most workers can draw up to 12 weeks of paid leave per application year, which runs 12 months forward from the first day you take FAMLI leave.⁶ Workers with pregnancy or childbirth complications verified by a healthcare provider can receive up to 4 additional weeks, for a total of 16.⁷ Parents of infants getting intensive care in a medical facility may qualify for up to 12 additional weeks of neonatal care leave. Leave can be taken all at once, intermittently, or as a reduced schedule.⁸

Who Qualifies for the Pay

FAMLI’s eligibility bar is much lower than FMLA’s. You qualify if you’ve earned at least $2,500 in wages subject to FAMLI premiums over roughly the past year, and you can combine wages from multiple employers to hit that number. There’s no minimum time with your current employer required to file a claim. Self-employed workers and independent contractors aren’t automatically covered but can opt into the program voluntarily.⁸

Qualifying reasons for paid leave are broad: bonding with a new child within the first 12 months after birth, adoption, or foster placement; your own serious health condition; caring for a family member with a serious health condition; certain military family needs; and safe leave related to domestic violence or sexual assault.⁹

One boundary to know: local governments in Colorado had the option to opt out of FAMLI. If your employer is a local government that opted out, you may still voluntarily opt in for benefits, but your job would not be protected under the FAMLI Act in that scenario.⁶

How FAMLI and FMLA Run Together

When your leave qualifies under both programs, the weeks count against both at once. Eight weeks of FAMLI leave for a reason that also falls under FMLA uses eight weeks of each allotment, not sixteen total.¹⁰ You can’t stack them end-to-end.

Job protection depends on which program applies to you. FMLA protects your job if you meet the federal eligibility rules. FAMLI provides its own job protection once you’ve been with your current employer for more than 180 days.⁶ That six-month trigger matters most at smaller companies. If your employer has fewer than 50 employees, FMLA doesn’t apply at all, but FAMLI’s job protection still covers you after 180 days. The FAMLI Act also prohibits retaliation against workers who apply for or use benefits.

How to Claim FAMLI Pay

Applications go through the My FAMLI+ online portal, which is also where you’ll upload documents, track the claim, and manage payments. You’ll need your Social Security Number or ITIN, basic contact information, and your employer’s name. Medical leave claims require a Serious Health Condition form certified by your healthcare provider. Parental bonding leave may require documentation such as a birth certificate.¹¹

For a planned event like a scheduled surgery or an expected due date, you can file up to 30 days before leave begins. If the need was unexpected, file within 30 days after your first day of absence. Claims submitted between 31 and 90 days late may still be considered with a good-cause showing.⁶ Missing the 30-day window doesn’t automatically disqualify you, but it adds friction.

Taxes on FAMLI Benefits

The pay you receive from FAMLI is not entirely tax-free. The IRS addressed this in Revenue Ruling 2025-4.¹²

Family leave benefits — payments for bonding, caring for a family member, military exigency, or safe leave — are included in your federal gross income and subject to federal income tax. The state issues a Form 1099 for benefits exceeding $600.¹²

Medical leave benefits are split. The portion tied to your own employee contributions is generally tax-free; the portion tied to your employer’s contributions is taxable.¹² Because premiums are typically split evenly, roughly half of your medical leave benefits would be taxable. Set aside money for the tax bill or adjust withholding during a benefit year.

On the contribution side, employee premiums withheld from your paycheck are treated as state income taxes and may be deductible on your federal return if you itemize, subject to the $10,000 state and local tax cap.¹² Required employer contributions aren’t included in your taxable income, but if your employer voluntarily covers your share of the premium, that amount counts as additional taxable compensation.

If Your Claim Is Denied

Start with a reconsideration request through your My FAMLI+ account, which asks the FAMLI Division to re-evaluate the original decision. It’s faster and less formal than a full appeal, so try it first. If that doesn’t resolve the issue, file a formal appeal with a clear statement of why you disagree, a copy of the determination notice, and supporting documentation. Valid appeals are assigned to a hearing officer, who may schedule a conference or evidentiary hearing.¹³ You can submit additional evidence as the process moves forward, so don’t wait on perfect paperwork before filing.

1
Office of the Law Revision Counsel. 29 U.S. Code 2612 – Leave Requirement
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Office of the Law Revision Counsel. 29 USC 2614 – Employment and Benefits Protection
3
U.S. Department of Labor. Family and Medical Leave (FMLA)
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Family and Medical Leave Insurance (FAMLI). Rules and Guidance
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Family and Medical Leave Insurance (FAMLI). Premium and Benefits Calculator
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Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs
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Family and Medical Leave Insurance (FAMLI). Parental (Bonding) Leave
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Family and Medical Leave Insurance (FAMLI). Individuals and Families
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Colorado Family and Medical Leave Insurance. My FAMLI+ User Guide Reasons for Leave
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Colorado Family and Medical Leave Insurance (FAMLI). FAMLI and FMLA
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Colorado Family and Medical Leave Insurance. My FAMLI+
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Internal Revenue Service. Revenue Ruling 2025-4
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Family and Medical Leave Insurance (FAMLI). Appeals FAQ