Colorado Paternity Leave Laws: FAMLI Pay, Job Protection, and Filing

Colorado paternity leave runs through the state’s Paid Family and Medical Leave Insurance program, known as FAMLI, which gives fathers and non-birthing parents up to 12 weeks of paid, job-protected leave to bond with a new child by birth, adoption, or foster placement. Benefits currently top out at $1,381.45 per week, and payments start on your first day of leave with no waiting period.

Who Qualifies as a Father in Colorado

Eligibility comes down to one number: you must have earned at least $2,500 in Colorado wages during a specific base period before your claim.¹ Most private-sector workers are automatically enrolled and already paying into the fund through payroll deductions, so the wage threshold is the only real hurdle.

Two groups need to look more carefully. Local governments are the only employers that can vote to opt out of FAMLI entirely, decline the employer-side contribution while still allowing employee participation, or participate fully.² If you work for a city, county, or special district, ask HR which option your employer chose before you count on coverage.

Self-employed workers and independent contractors are not automatically in the program. To use FAMLI benefits, you have to opt in and commit to paying premiums for at least three years.¹ That commitment trips up freelancers who sign up shortly before an expected birth; the clock starts before benefits do.

How Much Time You Get

The standard maximum is 12 weeks of paid bonding leave per benefit year. An additional four weeks may be available if the birthing parent experienced pregnancy or childbirth complications, but that extra four weeks attaches to the person who had the complication, not automatically to both parents.³

You do not have to take all 12 weeks in one block. FAMLI leave can be taken intermittently, but each claim has to cover at least eight hours before wage-replacement benefits are paid.⁴ Claims for less than eight hours are held until you accumulate enough hours to hit that threshold. For fathers who want to take a few days at a time rather than one long stretch, that eight-hour minimum is the detail to plan around.

How Your Weekly Payment Is Calculated

FAMLI uses a sliding scale based on your average weekly wage compared to the statewide average. As of July 2025, the Colorado state average weekly wage for FAMLI purposes is $1,534.94.⁵

If your wages are at or below 50% of the state average ($767.47 per week), you receive 90% of your average weekly wage.
If your wages are above that threshold, you receive 90% of the first $767.47 plus 50% of the amount above it.

The maximum weekly benefit is capped at $1,381.45, which is 90% of the state average weekly wage, and it adjusts each year as the statewide average changes.⁵ To hit the cap, you would need to earn roughly $1,762 per week, or about $91,600 a year. Lower earners get a higher replacement rate: a father making $700 a week would receive about $630, replacing 90% of his income.

Benefits are payable from day one of approved leave. There is no waiting period.⁵

Keeping Your Job and Health Insurance

If you have worked for your current employer for at least 180 days before your leave starts, FAMLI entitles you to return to the same position, or an equivalent one with the same pay, benefits, and conditions.⁶ You do not accrue seniority or extra benefits during the leave, but you cannot lose anything you would have kept had you stayed on the job.

Your employer must also maintain your health insurance for the full duration of your FAMLI leave on the same terms as before. You are still responsible for your share of the premium at the same rate you were paying through payroll deductions.⁶ Settle the payment method with HR before you go out. Some employers collect a lump sum upfront, others bill monthly, and a missed payment can lapse your coverage.

FAMLI carries its own anti-retaliation and anti-interference rules under 7 CCR 1107-7.⁵ Your employer cannot fire you, demote you, or otherwise penalize you for filing a claim or taking approved leave.

The federal Family and Medical Leave Act sits alongside FAMLI as a separate layer of unpaid, job-protected leave. It applies only if your employer has 50 or more employees within 75 miles and you have logged at least 12 months and 1,250 hours there.⁷ FAMLI covers more workers because it has no employer-size test, just the 180-day tenure rule. Many fathers qualify under both.

How PTO and FAMLI Fit Together

Your employer can require you to use accrued vacation or sick time at the same time as your FAMLI leave. FMLA rules give employers explicit authority to substitute paid leave for the unpaid federal time,⁸ and Colorado’s FAMLI statute similarly allows employers to require employer-provided paid leave to run concurrently with FAMLI benefits. Concurrent use does not extend your total time; the weeks overlap rather than stack.

If your employer requires concurrent use, your FAMLI benefit may be reduced or offset by the employer-paid leave amount, depending on company policy. Read the handbook and talk to HR before you go out. The worst version of this conversation is discovering after the fact that you thought you had 12 FAMLI weeks plus three PTO weeks when they actually ran side by side.

Taxes on Your FAMLI Benefits

FAMLI bonding benefits are taxable income for federal tax purposes, and the state sends you a Form 1099-G reporting the year’s total.⁹ You can elect to have federal income tax withheld from each payment to avoid a bill in April.

Family leave benefits are not subject to Social Security, Medicare, or unemployment tax withholding, and your employer has no FICA or FUTA reporting obligations tied to your FAMLI payments.⁹ Your net check is a little higher than a normal paycheck of the same size would be, but you still owe federal income tax on the full amount unless you set up withholding.

How to File Your Claim

When the birth or placement date is foreseeable, Colorado law requires at least 30 days’ notice to your employer before your leave starts.¹ For unforeseeable events, such as an early delivery or an unexpected foster placement, notify your employer as soon as practical.

You file through the My FAMLI+ online portal, which uses login.gov for identity verification. Have the following ready before you start:

Your Social Security number or Individual Taxpayer Identification Number.
Proof of the child: a birth certificate or hospital records for a biological child, or legal placement documents and court orders for adoption or foster care.
Your employer’s legal name, address, and contact details.
Your planned leave start and end dates.

The Colorado Department of Labor and Employment typically processes complete applications within about two weeks, and you can track status in the portal. Once approved, payments come biweekly by direct deposit or state-issued debit card.¹ Incomplete applications are the most common cause of delay, and every week spent fixing paperwork is a week off the bonding time you filed for in the first place.

1
Justia. Colorado Code 8-13.3-501 to 8-13.3-524 – Paid Family and Medical Leave Insurance
2
Colorado Family and Medical Leave Insurance (FAMLI). Local Governments
3
Colorado Family and Medical Leave Insurance (FAMLI). Family and Medical Leave Insurance
4
Colorado Family and Medical Leave Insurance (FAMLI). How FAMLI Leave Can Be Used
5
Colorado Family and Medical Leave Insurance (FAMLI). Rules and Guidance
6
Justia. Colorado Revised Statutes 8-13.3-509
7
U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act
8
U.S. Department of Labor. FMLA Frequently Asked Questions
9
Colorado Family and Medical Leave Insurance (FAMLI). IRS Tax Guidance