Does Colorado Have Paid Family Leave and Who Qualifies?

Yes. Colorado has paid family leave through a state program called Family and Medical Leave Insurance, or FAMLI, and most people working in the state are already covered. Benefits have been available since January 2024, and eligible workers can receive up to 12 weeks of partial wage replacement per benefit year, with a maximum weekly payment of $1,381.45 for claims filed in 2026.

Who Qualifies for FAMLI

You qualify once you have earned at least $2,500 in wages subject to FAMLI premiums during the base period, which is the first four of the last five completed calendar quarters before your leave begins.¹ If you work for a private-sector employer in Colorado, you are almost certainly already contributing through payroll deductions and don’t need to sign up for anything in advance.

The program is funded by a 0.88% payroll premium in 2026, split evenly between employer and employee at 0.44% each.²

A few situations work differently:

Employers with fewer than 10 workers do not have to pay the employer share, but their employees still contribute 0.44% and are fully eligible for benefits. The headcount is based on having 10 or more workers on payroll for at least 20 calendar workweeks in the prior year.³
Self-employed workers and independent contractors are not automatically covered. You can opt in by registering with the FAMLI Division, submitting a federal tax transcript, and committing to pay premiums for at least three years.⁴
Local governments can vote to opt out of FAMLI entirely, revisiting that decision at least every eight years. If your local government employer has opted out, you can individually elect coverage by registering with FAMLI and paying the employee premium yourself; benefits become available after one quarter of wage reporting and premium payments.⁵

What Counts as a Qualifying Reason

FAMLI covers six categories of leave, and you can split your 12 weeks across more than one reason during the same benefit year.

Bonding with a new child during the first 12 months after a birth, adoption, or foster placement.⁶
Your own serious health condition, meaning an illness, injury, or physical or mental condition requiring inpatient care or ongoing treatment by a healthcare provider.
Caring for a family member who has a serious health condition.
Neonatal care leave, available starting January 1, 2026, for parents whose newborn is admitted to a neonatal unit or higher level of care. This applies to biological, adoptive, and foster parents, as well as anyone acting in a parental role.⁷
Military family needs tied to a family member’s active duty service or impending deployment.
Safe leave for anyone dealing with domestic violence, stalking, or sexual assault who needs time to address safety, legal, or medical needs.⁶

How Much You Get Paid

FAMLI uses a sliding scale that replaces a larger share of income for lower-wage workers. The first $735.67 of your average weekly wage (roughly half the statewide average) is replaced at 90%. Anything above that is replaced at 50%, up to the maximum benefit of $1,381.45 per week.² These figures are based on Colorado’s average weekly wage of $1,534.94 and may be updated by mid-2026 when new wage data is released.

A worker earning $800 per week would receive about $694. Someone earning $2,000 per week would receive about $1,294. Anyone earning enough to hit the cap gets $1,381.45. Payments arrive by direct deposit or state-issued debit card once your claim is approved and your leave begins.⁸

How Long You Can Take

Most qualifying events allow up to 12 weeks of paid leave per benefit year. Complications from pregnancy or childbirth can extend that by up to four weeks when certified by a licensed healthcare provider, bringing the total to 16.⁶ The neonatal care leave added in 2026 provides a separate pool of up to 12 weeks for parents of infants in intensive care.⁷

You do not have to take the time in one continuous block. Intermittent leave is allowed for less than a full day, but FAMLI will not issue a benefit payment until a single claim covers at least eight hours of missed work.⁹ That makes it workable for recurring medical appointments or occasional days off.

Job Protection and Retaliation Rules

If you have worked for your current employer for at least 180 days before leave starts, you have the right to return to your same job or an equivalent position with the same pay and benefits.¹⁰ Your employer must also keep your health insurance in place for the full duration of your leave.¹¹

The 180-day threshold matters. If you have been at your job for less than six months, you can still receive FAMLI benefit payments, but your employer is not legally required to hold your position open.

Firing you, cutting your hours, disciplining you, or interfering with your ability to apply for or receive benefits is illegal. These protections cover talking about FAMLI with your employer or coworkers, filing complaints, and participating in a FAMLI investigation. If the FAMLI Division finds a violation, the employer may owe monetary damages and could be ordered to reinstate you.¹¹

How to File a Claim

All FAMLI claims go through the My FAMLI+ online portal.¹² You will create an account and verify your identity with your Social Security Number or ITIN before you can submit anything.¹³

The documentation you upload depends on why you are taking leave. For medical leave, your own or a family member’s, you will need a Serious Health Condition Certification form completed by a licensed healthcare provider. For parental bonding, a birth certificate, hospital report of birth, or court documents for adoption or foster placement. For military family leave, active duty orders or other official military documentation.¹³

Once your application is complete, the FAMLI Division has two weeks to issue a decision.¹⁴ You will hear back through the portal and by email.

How FAMLI Works with FMLA, Workers’ Comp, and PTO

If you qualify for both federal FMLA and FAMLI, the two generally run at the same time rather than stacking. You get the paycheck from FAMLI and the federal job protection from FMLA simultaneously, not 12 weeks of each.¹⁵ One important difference: FAMLI covers Colorado workers regardless of employer size, while FMLA only applies at employers with 50 or more employees within 75 miles.

You cannot collect FAMLI and workers’ compensation at the same time for the same absence. Workers’ comp is the primary program for work-related injuries. If workers’ comp runs out and you still cannot return, you can then apply for FAMLI.¹⁶

Your employer cannot force you to burn through PTO or sick leave before or during FAMLI. You can voluntarily top off your FAMLI benefit with accrued PTO to get closer to a full paycheck, but both sides have to agree in writing, and the combined amount cannot exceed your normal average weekly wage.¹⁶ One catch: your employer can require you to use FAMLI as a condition of receiving other voluntary benefits they offer, like a company-paid parental leave plan or short-term disability.

Taxes on FAMLI Benefits

FAMLI benefits are exempt from Colorado state income tax.¹⁴ Federal taxes are a different story. The IRS treats family leave benefits like bonding leave as taxable income, though they are not subject to Social Security or Medicare taxes. Medical leave benefits are partially taxable depending on whether premiums were paid by you or your employer: the portion tied to your own contributions is generally tax-free, and the portion tied to employer contributions is taxable.

FAMLI issues IRS Form 1099-G to anyone who received at least $10 in benefits during a tax year.¹⁴ Federal income tax is not withheld automatically, so plan ahead for a possible tax bill or make estimated payments.

If Your Claim Is Denied

Start with reconsideration through the My FAMLI+ portal. You have 49 days from the initial determination to submit the request, and if you miss that window you will need to provide a valid reason for the delay.¹⁷

If reconsideration is also denied, a formal appeal option appears on your claim overview page. Selecting it will prompt you to create a separate appeals account, and FAMLI handles appeals through a different process than initial claims.¹⁷ The most common reasons for denial are incomplete medical certification forms and wage history that falls short of the $2,500 threshold, so checking both before filing saves time.

If your employer uses an approved private plan instead of the state program, your claim goes through the employer’s insurer rather than My FAMLI+. The private plan has to match or exceed the state program on qualifying reasons, benefit weeks, wage replacement, and the maximum weekly benefit, and it cannot cost you more than the state plan would. A private plan also cannot force you through an internal company appeals process before you appeal a denial to the FAMLI Division.¹⁸

1
Family and Medical Leave Insurance. Individuals and Families
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Family and Medical Leave Insurance. Premium and Benefits Calculator
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Family and Medical Leave Insurance. Small Business Corner
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Family and Medical Leave Insurance. Self-Employed Workers
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Family and Medical Leave Insurance. FAQs for Local Governments
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Family and Medical Leave Insurance. Parental (Bonding) Leave
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Family and Medical Leave Insurance. Neonatal Care Leave
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Family and Medical Leave Insurance. Employer FAQs
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Family and Medical Leave Insurance. How FAMLI Leave Can Be Used
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Justia Law. Colorado Code Title 8 – Section 8-13.3-509
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Family and Medical Leave Insurance. Job Protection and Retaliation
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Family and Medical Leave Insurance. My FAMLI+
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Family and Medical Leave Insurance. My FAMLI+ User Guide – Filing A Claim
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Family and Medical Leave Insurance. Individuals and Families FAQs
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U.S. Department of Labor. Fact Sheet #28 – The Family and Medical Leave Act
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Family and Medical Leave Insurance. FAMLI and Other Types of Leave
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Family and Medical Leave Insurance. My FAMLI+ User Guide – Next Steps
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Legal Information Institute. 7 CCR 1107-5.3 – Private Plan Requirements