Technical Update vol. 26 no. 32 - Understanding the FAMLI Program

The Colorado Paid Family and Medical Leave Insurance Program (FAMLI) provides up to 12 weeks of paid time off for employees who have been with an employer for six months or more. The leave is paid by a state-run insurance fund to which both employers and employees contribute. For more details about contributions and opt-out options for governmental employers, read Technical Update vol. 26 no 31- Colorado Family and Medical Leave Insurance Program.

What FAMLI Covers?

Employees can use FAMLI for the following reasons:

• To manage their own serious health condition
• To care for a family member with a serious health condition
• To care for a new child (within the first year of birth, or foster placement, or adoption)
• To make arrangements for military deployments
• To address immediate safety needs & impact of domestic violence, sexual assault, and stalking
• FAMLI leave can be extended by four weeks for pregnancy or childbirth complications

Who Qualifies as a Family Member?

The FAMLI Act considers the following to be family for the purpose of taking leave:

• Child (biological, adopted, foster, stepchild, legal ward, or that of domestic partner)
• Parent (biological, foster, stepparent, legal guardian, or that of domestic partner)
• Legally married
• Grandparent, grandchild, or sibling (biological, foster, or step of self or domestic parent)
• Any other individual with whom the employee has a “significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.”

What Else Should I Know?

FAMLI leave is an insurance program run by the state; therefore, employees will make FAMLI requests to the state. While details of the program are still under development, the state is expected to approve or deny requests. However, employers may be expected to assist in the approval process. Employees will begin to see deductions for FAMLI on their paystubs beginning on January 1, 2023, and will be able to request leave starting January 1, 2024. Employers with nine or fewer employers do not need to contribute to the program; however, they still need to contribute their .45% of the employee’s share to the program.

What This Means for Counties

Counties should consult with their county attorneys to ensure that they comply with the FAMLI program by voting to opt out or collecting employee contributions. For more information, consult the Colorado FAMLI website at https://famli.colorado.gov. You can contact CTSI at 303 861 0507.

A PDF of this Technical Update is available here.