Update Applicable to:
All employers with 10 or more employees nationwide in the state of Colorado.
In our previous communication here, we notified you that Colorado state published final regulations on benefits and employer participation requirements (Benefits Rules), which provide the most concrete guidance to date regarding the benefits to which employees will be entitled under the Family and Medical Leave Insurance (FAMLI) program as of January 1, 2024. This is a reminder for that update.
What are the details?
Colorado’s paid Family and Medical Leave Insurance Program (FAMLI) will launch on January 1, 2023. FAMLI benefits include partial wage replacement, job protection, and group health care coverage continuation. FAMLI is funded by payroll contributions and is administered by the FAMLI Division (part of the Colorado Department of Labor and Employment). Employers do not pay the monetary benefits directly to employees.
Employers must start withholdings on January 1, 2023. Employees can take FAMLI to leave starting on January 1, 2024. The FAMLI Division has a web page with FAQs, toolkits, videos, and other resources for employers.
FAMLI applies to most employers and employees in Colorado. Those who are self-employed are not required to participate but can opt-in.
Employers are responsible for sending contributions to FAMLI. For 2023 and 2024, the contribution rate is 0.9% of each employee’s wages up to the Social Security wage base (currently estimated to be $155,100 in 2023, which would be a max contribution of $1,395.90). If you have nine or fewer employees, your employees pay half the contribution amount, and you pay nothing. If you have ten or more employees, you pay 50%, and your employees pay 50% of the contribution.
The state will determine an employee’s eligibility when they apply. To be eligible for FAMLI, an employee must have earned $2,500 in Colorado during their base period. To be entitled to job protection and continuation of health care coverage, the employee must have worked for the employer for at least 180 days before taking leave.
Amount and Reasons for Leave
Eligible employees may take up to 12 weeks of FAMLI leave per year for family, medical, qualifying exigency, or safe leave. Employees can take an additional four weeks for pregnancy-related complications.
Family leave is to care for a family member with a serious health condition or bond with a new child. Medical leave is for the employee’s serious health condition. Qualifying exigency leave is for making arrangements for a family member’s military deployment. Safe leave is for domestic violence or sexual assault.
If the employee’s FAMLI leave qualifies for the Colorado Family Care Act or the federal Family and Medical Leave Act (FMLA), then the leaves will run concurrently.
Employers are required to provide notice about FAMLI:
- Posting the notice in a prominent location at each worksite
- To each employee upon hire; and
- To an employee when they learn that the employee might need to leave for a covered reason.
The 2023 notice is available here.
For more information, please see the links below:
What do employers need to do?
Employers should review the links provided above, prepare to start implementing payroll changes to collect employee contributions and post the required notice in a conspicuous location to comply with the law.