Since the start of the FAMLI Act, the program has undergone a few clarifications and additions. Here is an overview of the FAMLI program with the changes made between 2023 and June 2025.

Q: Who pays the wages for the employee while they are on leave?

A: The state of Colorado will pay up to 90% of the employee’s weekly wages while they are on leave. The employer can allow the employee to supplement the remaining percentage of wages with accrued PTO hours if agreed upon by the employee.

Change: If the employee has already utilized their FAMLI benefits for that 12 month period of time and is elected in a company provided Short-Term Disability benefit then the employee can submit a Short-Term Disability claim. Many Short-Term Disability carriers will not accept a claim if the employee can utilize FAMLI still.

Additionally, the maximum amount of FAMLI pay in Colorado was set at $1,100.00 in 2024 and has since been raised to $1,324.21 in 2025. This is subject to change from year to year based on the Colorado State Average Weekly Wage (SAWW).

Q: Who is considered a “covered individual”?

A: A covered individual is any person who earned at least $2,500 in wages over a period of a year. Employees who have worked a minimum of six (6) months with the employer will qualify for job protected FAMLI leave.

Q: What are the reasons an employee can take FAMLI leave benefits for?

A: The qualifying reasons for leave are as follows:

• Bonding Leave: caring for a new child during the first year after the birth, adoption, or foster care placement of that child.
• Care for family serious health condition.
• Care for own serious health condition.
• Make arrangements for a family member’s military deployment.
• Obtaining safe housing, care, and/or legal assistance in response to domestic violence, stalking, sexual assault, or sexual abuse.

Q: How long and how often can employees take FAMLI leave?

A: Covered employees are entitled to up to 12 weeks of paid family and medical leave per year. Individuals with serious health conditions caused by pregnancy complications or childbirth complications are entitled to up to 4 more weeks of paid leave per year for a total of 16 weeks. FAMLI benefits can only be taken once a year across a rolling annual calendar year.

Change: Parents who have a child receiving inpatient care in a neonatal intensive care unit are eligible for an additional 12 weeks of leave.

Q: Who approves or denies the FAMLI leave request?

A: The Division of Family and Medical Leave Insurance is who has the authority to approve or deny leave requests.

Q: Who qualifies as a family member?

A: FAMLI definition of ‘Family members’ is as follows:

• Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor.
• A biological, adoptive or foster parent, stepparent or legal guardian of a covered individual or covered individual’s spouse or domestic partner or a person who stood in loco parentis when the covered individual or covered individual’s spouse or domestic partner was a minor child.
• A person to whom the covered individual is legally married under the laws of any state, or a domestic partner of a covered individual as defined in section 24-50-603(6.5);
• A grandparent, grandchild or sibling (whether a biological, foster, adoptive or step relationship) of the covered individual or covered individual’s spouse or domestic partner; or
• As shown by the covered individual, any other individual with whom the covered individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.

Q: How are FMLA benefits affected by FAMLI benefits?

A: FMLA benefits will run concurrently with FAMLI benefits. Employers are still required to issue documents that are required by the FMLA. Please continue to inform StaffScapes if your employees go on leave for any reason.

Please visit the Colorado FAMLI website for more information including helpful links, posters, newsletters, and webinars from the CDLE FAMLI Division.