Colorado paid family leave requirements for employers apply to nearly every business with at least one worker in the state: you must register with the Family and Medical Leave Insurance (FAMLI) Division, collect and remit premiums of 0.88% of wages each quarter, post the program notice, hold an employee’s job while they’re on leave, and keep records for five years. Getting any piece of this wrong can trigger fines of up to $500 per covered individual per violation, plus civil damages if an employee sues.
Which Employers Are Covered
If you have even one employee working in Colorado, you are covered. That includes private businesses, nonprofits, and local government agencies. Registration happens through the My FAMLI+ Employer online portal, where you’ll enter your Federal Employer Identification Number, the legal business name as it appears on federal tax filings, and contact information for whoever will manage the account.
Local governments have an option private employers don’t. Their governing body can vote to opt out of FAMLI entirely or participate at a reduced level, but they still have to register in the portal, notify employees within 30 days of the vote, and revisit the decision at least every eight years.1Family and Medical Leave Insurance (FAMLI). FAQs for Local Governments Private employers have no opt-out.
How Much You Pay and Who Pays It
The 2026 premium is 0.88% of each employee’s wages, capped at the Social Security wage base of $184,500.2Family and Medical Leave Insurance (FAMLI). Premium and Benefits Calculator3Social Security Administration. Contribution and Benefit Base How you split that 0.88% depends on headcount:
- Ten or more employees: you pay 0.44% and deduct 0.44% from each employee’s wages, remitting the full 0.88% to the state.
- Fewer than ten employees: you deduct 0.44% from employee wages and remit only that. You are not required to pay the employer share, though you can volunteer to.4Family and Medical Leave Insurance (FAMLI). Employers
Counting to Ten
The threshold isn’t a snapshot of today’s payroll. You count every employee who worked during 20 or more calendar weeks in the previous year, even if they only worked one day a week. Anyone who worked fewer than 20 weeks doesn’t count.5Family and Medical Leave Insurance (FAMLI). Small Business Corner If you don’t update your Annual Total Employee headcount in the portal by the end of February each year, the FAMLI Division treats you as having ten or more and bills you accordingly.6Family and Medical Leave Insurance (FAMLI). Employer FAQs
Quarterly Filing Deadlines
Premiums and wage reports follow the same quarterly rhythm as unemployment insurance filings. Each report is due the last day of the month after the quarter ends:4Family and Medical Leave Insurance (FAMLI). Employers
- Q1 (January–March): April 30
- Q2 (April–June): July 31
- Q3 (July–September): October 31
- Q4 (October–December): January 31
Submit through My FAMLI+ Employer by uploading a standardized CSV file or entering the data manually. Payment options are ACH credit, ACH debit, or a mailed check, and the system generates a confirmation receipt on successful submission. Late filings draw interest and penalties, so build these dates into your payroll calendar alongside your tax filings.
Job Protection While an Employee Is on Leave
FAMLI isn’t just a benefits program. It also requires you to hold the employee’s job. If an employee worked for you for at least 180 calendar days before their leave began, you must reinstate them to the same position when they return. The 180-day count includes vacation, sick time, and other time away from work, not just days physically on the job.7Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs
Leave can run up to 12 weeks per year for bonding with a new child, neonatal care, an employee’s own serious health condition, caring for a family member with a serious health condition, military deployment arrangements, or safe leave related to domestic violence or sexual assault. Pregnancy or childbirth complications can add another four weeks, for a maximum of 16.8Family and Medical Leave Insurance (FAMLI). Home The FAMLI Division pays the benefit directly, so you aren’t cutting the checks; your obligation is the paycheck deduction, the premium remittance, and the job.
Anti-Retaliation Rules and Penalties
Colorado law prohibits interfering with an employee’s FAMLI rights or retaliating against someone who exercises them. That covers discipline, demotion, suspension, reduced hours, or termination tied to requesting or taking leave, filing a complaint, or telling coworkers about their rights.9Justia. Colorado Code 8-13.3-509 – Leave and Employment Protection
One rule catches employers off guard more than any other. Counting FAMLI leave as an absence under your attendance policy is treated as automatic retaliation. If your point-based attendance system dings an employee for time out on FAMLI, that’s a per se violation regardless of intent.
The exposure is real. The FAMLI Division can assess fines of up to $500 per covered individual per violation. An aggrieved employee can also file a civil suit and recover the same damages and equitable relief available under the federal FMLA, including lost wages, benefits, and attorney’s fees. The claim window is generally two years, extended to three for willful violations.
Workplace Postings and Employee Notices
You must display the official FAMLI program poster where employees can see it, whether that’s a breakroom, near a time clock, or another high-traffic spot. For remote or app-based workforces, distribute the notice electronically or post it on your company intranet or platform.10Legal Information Institute. Colorado Code 7 CCR 1107-3.7 – Requirements Regarding Notice to Employees The posters are free to download from the FAMLI Division’s website.
Give individual written notice to new hires explaining their FAMLI rights. Provide it again whenever a current employee discloses a qualifying life event, so they know how to file a claim before they’re in the middle of one.
Recordkeeping
Keep all FAMLI-related records for at least five years from the date they were created. That means filed wage reports, premium payment receipts, and any employee notices you distributed. If the state audits your account or an employee disputes a benefit, these documents are your proof of compliance. Five years is longer than the three-year retention period the federal Fair Labor Standards Act sets for general payroll records, so don’t assume your standard payroll schedule covers FAMLI.
Using a Private Plan Instead of the State Fund
Colorado allows you to provide FAMLI coverage through a private insurance carrier or a self-insured arrangement, but the private plan must meet or exceed every benefit the state plan offers.11Justia. Colorado Code 8-13.3-521 – Substitution of Private Plans Specifically, your plan must:
- Cover the same qualifying events for the same number of weeks (12, or 16 for pregnancy and childbirth complications).
- Provide at least the same wage replacement rate and maximum weekly benefit.
- Cost employees no more than the state plan’s 0.44% wage deduction.12Legal Information Institute. Colorado Code 7 CCR 1107-5.3 – Private Plan Requirements
Submit the plan to the FAMLI Division for approval and pay an administrative fee, plus an ongoing maintenance fee to keep it active. Notify employees of the switch at least 30 days before the private plan takes effect. If you’re going the self-insured route, expect to post a surety bond guaranteeing your ability to cover future claims; the bond premium typically runs between 1% and 15% of the bond’s face value depending on the employer’s financial profile and the size of the workforce.
Private plans require ongoing reporting to verify active coverage. If your private plan lapses or falls below state standards, you’re moved back to the state fund and responsible for any gap in coverage.