Colorado’s Family and Medical Leave Insurance program, known as FAMLI, gives most workers in the state up to 12 weeks of partial paid leave each year to bond with a new child, recover from a serious illness, care for a sick family member, address domestic violence, or handle a military family exigency. Benefits are funded by a payroll premium split between you and your employer, and they replace a sliding percentage of your wages up to a weekly maximum of $1,381.45 in 2026.1Family and Medical Leave Insurance (FAMLI). Premium and Benefits Calculator You apply through the state’s My FAMLI+ portal.
Who Qualifies
You qualify for FAMLI wage-replacement benefits if you have earned at least $2,500 in Colorado wages during the five calendar quarters before your leave starts.2Family and Medical Leave Insurance (FAMLI). FAMLI and FMLA That threshold is low enough that most full-time, part-time, and seasonal workers meet it. There is no minimum tenure with a single employer to collect benefits, though job protection has its own separate rule.
Most private-sector employees are enrolled automatically through payroll. Self-employed workers can opt in voluntarily, but the commitment lasts at least three years of paying premiums and reporting income.3Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs Local governments are the only employers that can vote to opt out entirely, and even then their employees can self-elect coverage through My FAMLI+ by paying the 0.44% employee premium share on their own. Local governments must revisit their opt-out vote every eight years.4Family and Medical Leave Insurance (FAMLI). Local Governments
Reasons You Can Take FAMLI Leave
FAMLI covers five categories of leave:
- Parental bonding after birth, adoption, or foster placement.5Family and Medical Leave Insurance (FAMLI). My FAMLI+ User Guide – Reasons for Leave
- Your own serious health condition.
- Care for a family member with a serious health condition.
- Safe leave when you or a family member is a victim of domestic violence, stalking, or sexual assault.
- Military exigency related to a family member’s active-duty deployment.
Colorado defines “family member” broadly. It goes beyond spouse, parent, and child to include anyone with whom you have a significant personal bond that resembles a family relationship, so you are not limited to blood relatives for care leave.3Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs
How Much FAMLI Pays
The standard entitlement is up to 12 weeks of paid leave in a benefit year that starts on the first day of approved leave. Pregnancy or childbirth complications can add up to four more weeks, for a possible 16 total.6Family and Medical Leave Insurance (FAMLI). Individuals and Families
FAMLI does not replace your full paycheck. It uses a two-tier formula tied to Colorado’s state average weekly wage (SAWW), currently $1,534.94 for 2025–2026.1Family and Medical Leave Insurance (FAMLI). Premium and Benefits Calculator The first $767.47 of your average weekly wage (50% of the SAWW) is replaced at 90%. Any wages above that are replaced at 50%, up to the maximum weekly benefit of $1,381.45.7Family and Medical Leave Insurance (FAMLI). Rules and Guidance These numbers may be recalculated in mid-2026 when the state updates the SAWW.
Two quick examples. If you earn $800 a week, your benefit comes to roughly $707: 90% of the first $767.47, plus 50% of the remaining $32.53. If you earn $1,500 a week, your benefit lands around $1,057. Lower earners get a bigger share of their paycheck back.
What You Pay In
The 2026 payroll premium is 0.88% of wages, split evenly at 0.44% each for employer and employee.1Family and Medical Leave Insurance (FAMLI). Premium and Benefits Calculator Your employer can choose to pay your share too, but you can never be charged more than half.8Family and Medical Leave Insurance (FAMLI). Employers On a $60,000 salary, the employee share is about $264 a year, or roughly $5 a week. Premiums only apply to wages up to the federal Social Security wage cap, which is $184,500 for 2026.
How To Apply
File your claim through the My FAMLI+ portal at myfamliplus.state.co.us.9My FAMLI+. My FAMLI+ Benefits Portal Create an account, then link your identity to your employment records. You will need your Social Security Number or ITIN and your employer’s name or Federal Employer Identification Number.10Family and Medical Leave Insurance (FAMLI). My FAMLI+ User Guide – Filing a Claim
For medical or care leave, your healthcare provider must complete a Serious Health Condition Certification form covering medical necessity and estimated duration. Incomplete forms are the most common cause of delay, so check every field before you upload.11Family and Medical Leave Insurance (FAMLI). My FAMLI+
Notice To Your Employer
Give your employer at least 30 days’ notice when the need for leave is foreseeable.12Family and Medical Leave Insurance (FAMLI). Parental (Bonding) Leave For emergencies, notify them as soon as you reasonably can. Keep a written record in case timing becomes a dispute.
Timing and Payment
There is no waiting period. Once your claim is fully submitted with all required paperwork, the FAMLI Division aims to issue a decision within two weeks.3Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs You can track status in the portal. Approved benefits pay weekly, and you choose between direct deposit and a state-issued ReliaCard debit card.13Family and Medical Leave Insurance (FAMLI). My FAMLI+ User Guide – Next Steps
You do not have to take all 12 weeks at once. Leave can be continuous, intermittent (separate blocks at irregular intervals, common for recurring treatments), or a reduced schedule.14Family and Medical Leave Insurance (FAMLI). How FAMLI Leave Can Be Used
Job Protection When You Return
If you have worked for your employer for at least 180 days before your FAMLI leave begins, you have the right to return to the same job or an equivalent one at the same pay and benefits.15Family and Medical Leave Insurance (FAMLI). Job Protection and Retaliation Under 180 days, you can still collect FAMLI wage-replacement benefits, but your employer is not legally required to hold your position. Employees of opted-out local governments who self-elect coverage may also lack job protection.3Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs
How FAMLI Interacts With Federal FMLA
If your leave qualifies under both FAMLI and the federal Family and Medical Leave Act, the two run concurrently rather than stacking.16Family and Medical Leave Insurance (FAMLI). FAMLI and Other Types of Leave You will not get 12 weeks of one plus 12 weeks of the other. FAMLI does, however, cover more workers than FMLA, which requires 12 months of employment and 1,250 hours at a company with at least 50 employees. Many Colorado workers who fall outside FMLA still qualify for FAMLI. Your employer cannot force you to exhaust FAMLI before using FMLA.
Taxes on FAMLI Benefits
Under IRS Revenue Ruling 2025-4, federal tax treatment depends on the type of leave and who paid the premium:17Internal Revenue Service. Revenue Ruling 2025-4
- Family leave benefits (bonding, family care, military exigency) are included in federal gross income but are not subject to Social Security or Medicare tax.
- The portion of your medical leave benefit tied to your own 0.44% contribution is excluded from federal gross income.
- The portion of your medical leave benefit tied to your employer’s 0.44% contribution is federally taxable.
All FAMLI benefits are exempt from Colorado state income tax regardless of leave type.18Family and Medical Leave Insurance (FAMLI). IRS Tax Guidance In practice, medical leave is roughly half tax-free federally; family leave is fully taxable federally.
If Your Claim Is Denied
Submit a completed Appeal Request Form to the FAMLI Division within 45 days of the initial determination. The Division may still accept an appeal filed within 60 days if you can show good cause for the delay.19Colorado Secretary of State. 7 CCR 1107-3 – FAMLI Rules Because most denials trace to incomplete medical certifications or missing documents, check first whether resubmitting corrected paperwork would resolve the problem faster than a formal appeal.
If Your Employer Uses a Private Plan
Some employers meet their FAMLI obligations through a state-approved private plan, either self-insured or purchased from an insurance carrier. A private plan must provide benefits, protections, and rights equal to or better than the state plan, matching its leave duration, wage replacement rates, and employee premium cap, and it cannot impose extra conditions.20Family and Medical Leave Insurance (FAMLI). Private Plans
If your employer uses a private plan, you file your claim through that plan, not My FAMLI+. Your employer must give at least 30 days’ notice before the private plan takes effect. If you are unsure which route applies to you, ask your HR department. The benefit levels should be equivalent, but the claims process and contacts will differ.