What Is Colorado FAMLI: Eligibility, Pay, and Job Protection

Colorado FAMLI, short for Family and Medical Leave Insurance, is a state-run paid leave program that replaces part of your wages — up to $1,381.45 per week for 2025–2026 — when you need time away from work for a new child, your own serious health condition, caring for a family member, or certain other qualifying life events.¹ Voters approved the program through Proposition 118 in November 2020, and benefits began in January 2024. It is funded by a small payroll premium shared between most employers and employees, and it operates separately from the federal Family and Medical Leave Act.

Who Qualifies for FAMLI

You qualify for FAMLI benefits once you have earned at least $2,500 in wages in Colorado during the last five completed calendar quarters before you file a claim.² Full-time, part-time, and seasonal workers all count. Coverage reaches employees of private-sector businesses of any size, and most people are eligible from their first day on the job once the wage threshold is met. Job protection is a separate standard, covered below.³

Self-employed workers and independent contractors are not covered automatically. You can opt in through the My FAMLI+ portal, but doing so commits you to paying premiums for at least three years.⁴ Federal employees are excluded entirely because the program is run by the state.² Local governments are the only employers that can vote to opt out, and even then their employees may self-elect coverage by paying premiums individually.⁵

Reasons You Can Take Leave

FAMLI leave covers six categories of life events:

Bonding with a new child, any time within 12 months after a birth, adoption, or foster care placement.⁶
Your own serious health condition, including pregnancy and childbirth complications.
Caring for a family member with a serious health condition.
Neonatal care, available starting January 1, 2026, for parents whose newborns are in a NICU or higher-level care facility.⁷
Safe leave if you or a family member is dealing with the effects of domestic violence, sexual assault, or stalking.
Military exigency, to handle family needs tied to a loved one’s active-duty deployment.

FAMLI defines “family member” broadly. The term covers your spouse, domestic partner, children, parents, siblings, grandparents, and grandchildren, and it also reaches anyone with whom you share a significant personal bond that resembles a family relationship, even without a biological or legal tie.

How Long You Can Be Out

The standard maximum is 12 weeks of FAMLI leave within a 12-month application period. If you have a serious health condition related to pregnancy or childbirth complications, you can receive up to four more weeks, bringing the total to 16. A licensed healthcare provider must certify the complication on a separate claim.⁶

The neonatal care leave arriving in 2026 adds up to 12 weeks on top of your standard allotment. A parent could use the full 12 weeks of neonatal care leave while their infant is in the NICU and then take up to 12 weeks of bonding leave afterward, for a possible combined total of 24 weeks in qualifying cases.⁷

You do not have to take leave in one continuous stretch. FAMLI allows intermittent leave, meaning separate blocks of time taken at irregular intervals within a six-month window. Your healthcare provider must certify the number of hours you need, measured against either a 7-day or rolling 30-day period. One catch: you will not receive wage replacement for a claim period until you have accumulated at least eight hours of leave.⁸

How Much FAMLI Pays

Your weekly benefit depends on your average weekly wage (AWW) compared to the state average weekly wage (SAWW). The formula has two tiers:

If your AWW is at or below 50% of the SAWW, you receive 90% of your average weekly wage.
If your AWW is above that halfway mark, you receive 90% of half the SAWW, plus 50% of whatever your wages exceed that halfway mark.

The maximum weekly benefit for the 2025–2026 period is $1,381.45, and the cap updates as the state average weekly wage changes.¹ Lower-wage workers replace a higher percentage of their income, up to 90%, while higher earners replace a smaller percentage but can still take home a larger dollar amount up to the cap. The FAMLI website has a calculator where you can plug in your wages to estimate your benefit.

Whether Your Job Is Protected

If you have worked for your employer for at least 180 days before your leave starts, you have the right to return to the same position, or an equivalent one with the same pay and benefits, when your leave ends. Your employer must also keep your health insurance coverage in place on the same terms while you are on leave.⁹

Short of 180 days, you can still collect FAMLI wage replacement; you just lose the statutory guarantee of getting your job back. No matter how long you have been there, your employer cannot discriminate against you or retaliate for taking or requesting FAMLI leave. If the FAMLI Division investigates and finds a violation, the employer can be ordered to reinstate you.⁹

How FAMLI Differs from Federal FMLA

Both programs provide job-protected leave, but they are not the same thing, and the differences matter:

FAMLI provides partial wage replacement. FMLA leave is unpaid.
FAMLI applies to Colorado employers of any size. FMLA covers only employers with 50 or more employees within 75 miles.
Most workers can use FAMLI once they meet the $2,500 wage threshold. FMLA requires 12 months of employment and at least 1,250 hours worked.
FAMLI job protection kicks in at 180 days of employment. FMLA job protection requires 12 months and 1,250 hours.

When your leave qualifies under both programs, the two run at the same time and your weeks count against both allotments. Because the eligibility rules differ, you may qualify for one program before the other.³

What FAMLI Costs You

FAMLI is funded by a payroll premium of 0.88% of wages for 2026. At businesses with ten or more employees, the cost splits evenly: 0.44% from the employer and 0.44% from you. If your employer has fewer than ten employees, the business is not required to pay the employer share, so only the 0.44% employee portion comes out of your paycheck.¹ Premiums apply only to wages up to the Social Security taxable wage base, which is $184,500 for 2026.¹⁰ Self-employed workers who opt in pay only the 0.44% employee share.⁴

FAMLI benefits are not subject to Colorado state income tax.¹¹ Federal tax treatment is less settled. Non-medical benefits such as bonding, safe, and military exigency leave are generally subject to federal income tax, and medical leave benefits attributable to employer contributions are also treated as income under IRS Revenue Ruling 2025-4, though the IRS has extended a transition period through calendar year 2026 before standard withholding and reporting rules kick in.¹² Setting aside part of your benefits or talking with a tax advisor is a reasonable precaution while the federal rules continue to evolve.

How to File a Claim

When your need for leave is foreseeable, like an upcoming birth or a scheduled surgery, give your employer at least 30 days’ notice before leave begins when you can. If the need is unforeseeable, you have up to 30 days after your leave starts to file your FAMLI application.¹³

Before you start, gather:

Your Social Security Number or Individual Taxpayer Identification Number.
The start date and expected end date of your leave.
Medical certification for health-related claims. Your healthcare provider must complete a Serious Health Condition form, either digitally if they are listed in the FAMLI system or on paper that you upload to your claim.¹⁴
A recent pay stub or W-2 to help confirm the $2,500 wage threshold, though the state also verifies earnings through employer records.

File through the My FAMLI+ online portal. Log in, enter your personal and leave details, and upload supporting documents. A paper application is available if you cannot use the online system. If you file before your leave actually starts, log back in or call the FAMLI contact center on your first day of leave to confirm it has begun.¹³

After the state reviews your claim and confirms your earnings and qualifying event, payments arrive by direct deposit or prepaid debit card. Direct deposit typically shows up 24 to 72 hours after a payment is issued, depending on your bank. A debit card is mailed after your claim is approved. For continuous leave, your first payment is not issued until you have missed at least one full week of work.¹⁵

If Your Claim Is Denied

Start with a reconsideration request through the My FAMLI+ portal. The option appears on the Claim Details page under the Claims tab. If reconsideration does not resolve things in your favor, the same button turns into a formal appeal option. Once your appeal is filed, a hearings officer reviews the case, and you can track progress and submit additional documents through your My FAMLI+ account.¹⁶

1
Family and Medical Leave Insurance. Premium and Benefits Calculator
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Family and Medical Leave Insurance. Individuals and Families FAQs
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Family and Medical Leave Insurance. FAMLI and FMLA
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Family and Medical Leave Insurance. Self-Employed Workers
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Family and Medical Leave Insurance. 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. How FAMLI Leave Can Be Used
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Family and Medical Leave Insurance. Job Protection and Retaliation
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Social Security Administration. Contribution and Benefit Base
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Family and Medical Leave Insurance. IRS Tax Guidance for Employers
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Internal Revenue Service. Notice 2026-06 – Extension of Transition Period
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Family and Medical Leave Insurance. Individuals and Families
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Family and Medical Leave Insurance. My FAMLI+ User Guide – Filing a Claim
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Colorado Family and Medical Leave Insurance Division. What to Expect From Your First FAMLI Payment
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Family and Medical Leave Insurance. Appeals