Do You Get Paid for FMLA in Colorado? FAMLI vs. FMLA

Federal FMLA leave in Colorado is unpaid on its own, but most Colorado workers who take FMLA-qualifying time off can also collect wage replacement through the state’s Family and Medical Leave Insurance program, known as FAMLI. So while the federal law only protects your job, the state program puts money in your pocket, and the two run together on the same weeks of leave. For the 2025–2026 benefit period, FAMLI pays up to $1,381.45 per week.¹

FMLA Is Unpaid, FAMLI Is the Paycheck

The federal Family and Medical Leave Act gives eligible workers up to 12 weeks of unpaid leave in a 12-month period for the birth or adoption of a child, a serious personal health condition, or caring for a spouse, child, or parent with a serious health condition. Military caregiver leave runs up to 26 weeks.² FMLA also requires your employer to restore you to the same or an equivalent position when you return and to keep your group health coverage active while you’re out.³ What it does not do is send you a paycheck.

FAMLI is Colorado’s answer to that gap. It’s an insurance program funded by payroll premiums that pays partial wages when you take qualifying leave. If your reason for leave qualifies under both laws, FAMLI provides the money and FMLA (plus FAMLI’s own job-protection rules) covers your job.

How Much FAMLI Pays

FAMLI replaces a portion of your wages, not all of them. The formula has two tiers based on Colorado’s average weekly wage, which is $1,534.94 for 2025–2026:¹

The first $735.67 of your average weekly wage is replaced at 90%.
Anything above $735.67 is replaced at 50%, up to the maximum benefit.

The weekly maximum is $1,381.45, which is 90% of the state average weekly wage.¹ In practice, a worker earning $1,000 per week would receive about $794. Someone earning $600 per week would get roughly $540. Lower-wage workers see a higher share of their pay replaced because of that 90% first tier. The FAMLI Division has a calculator that gives a personalized estimate.⁴

Benefits start on the first day of your leave. There’s no waiting period. Payments are processed in arrears, though, so expect a short delay between the start of your leave and the first deposit.⁵

Who Qualifies for the Paid Benefit

FAMLI’s eligibility bar is much lower than FMLA’s. You qualify if you’ve earned at least $2,500 in wages subject to FAMLI premiums over roughly the past year, and you can combine wages from multiple employers to get there.⁶ There’s no requirement that you’ve worked for your current employer for any minimum period before filing a claim.

Compare that with FMLA, which requires 12 months of employment with your employer, at least 1,250 hours worked in the prior 12 months, and a worksite where the employer has 50 or more employees within a 75-mile radius.⁷ Plenty of Colorado workers who don’t meet those thresholds still qualify for FAMLI’s paid benefits.

Self-employed workers and independent contractors aren’t automatically covered but can opt in voluntarily.⁶ Local governments in Colorado were allowed to opt out of FAMLI. If yours did, you can still opt in individually to receive benefits, but FAMLI’s job protection wouldn’t apply — federal FMLA might, if the employer meets its size threshold.⁵

Qualifying Reasons for Paid Leave

FAMLI covers the same broad categories of life events as FMLA, with a couple of additions:

Bonding with a new child, available within the first 12 months after birth, adoption, or foster placement.⁸
Your own serious health condition, covering surgery recovery, chronic illness treatment, or any condition requiring inpatient care or ongoing medical treatment.
Caring for a family member with a serious health condition.⁹
Military family needs tied to a family member’s deployment.⁹
Safe leave to address safety concerns related to domestic violence or sexual assault.⁹

You can take FAMLI leave all at once, intermittently in smaller blocks, or as a reduced work schedule.⁶ Intermittent leave is common for treatments like chemotherapy or physical therapy.

How Long the Paid Leave Lasts

Most workers get up to 12 weeks of paid leave per application year. Your application year runs 12 months forward from the first day you take FAMLI leave, so the clock resets based on when you actually use benefits, not on a fixed calendar date.⁵

Two situations allow more. Workers with complications from pregnancy or childbirth can receive up to 4 extra weeks, for a total of 16, when a healthcare provider verifies the complication.⁸ Parents of infants receiving intensive care in a medical facility may qualify for up to 12 additional weeks of neonatal care leave.⁵

Do FAMLI and FMLA Add Up to More Leave?

No. When your reason qualifies under both programs, FAMLI and FMLA run at the same time. Eight weeks of FAMLI leave that also qualifies as FMLA counts as eight weeks against both allotments.¹⁰ You can’t stack them for 24 total weeks.

Job protection, though, comes from different places. FMLA protects your job if you meet its eligibility rules. FAMLI adds its own protection that starts once you’ve been with your current employer for more than 180 days.⁵ The difference matters most at small companies. If your employer has fewer than 50 employees, federal FMLA doesn’t apply to them at all, but FAMLI’s job protection still covers you after six months on the job. The FAMLI Act also prohibits retaliation against workers who apply for or use benefits.

How to Apply for the Paid Benefit

Applications go through the My FAMLI+ online portal, which is also where you’ll submit documents, track your claim, and manage payments. You’ll need your Social Security Number or ITIN, basic contact information, and your employer’s name. Medical leave claims require a Serious Health Condition form certified by your healthcare provider, and bonding leave may require documentation like a birth certificate.¹¹

For a planned event like a scheduled surgery or an expected due date, you can file up to 30 days before your leave starts. If the need is unexpected, you have 30 days after your first day of absence. Claims filed between 31 and 90 days late may still be considered if you can show good cause.⁵ That 30-day window is the deadline that catches people off guard.

Taxes on FAMLI Benefits

The paycheck FAMLI sends isn’t tax-free. The IRS clarified the federal tax treatment of state paid family and medical leave programs in Revenue Ruling 2025-4.¹²

Family leave benefits — bonding, family caregiving, military exigency, and safe leave — are included in your federal gross income and subject to federal income tax. The state issues a Form 1099 for benefits over $600.¹²

Medical leave benefits are split. The portion attributable to your own employee premium contributions is generally tax-free; the portion tied to employer contributions is taxable.¹² Because premiums are typically split 50/50 between employer and employee, roughly half of a medical leave benefit ends up taxable. Set aside money for the tax bill or adjust your withholding during the year you receive benefits.

If FAMLI Denies Your Claim

A denial isn’t final. Start by requesting reconsideration through your My FAMLI+ account, which asks the FAMLI Division to re-evaluate the original decision. It’s faster and less formal than a full appeal. If that doesn’t resolve it, you can file a formal appeal, which the FAMLI Appeals Unit reviews before assigning valid appeals to a hearing officer who may schedule a conference or evidentiary hearing.¹³ You can file first and add supporting documentation as the process moves forward.

1
Family and Medical Leave Insurance (FAMLI). Rules and Guidance
2
Office of the Law Revision Counsel. 29 U.S. Code 2612 – Leave Requirement
3
Office of the Law Revision Counsel. 29 USC 2614 – Employment and Benefits Protection
4
Family and Medical Leave Insurance (FAMLI). Premium and Benefits Calculator
5
Family and Medical Leave Insurance (FAMLI). Individuals and Families FAQs
6
Family and Medical Leave Insurance (FAMLI). Individuals and Families
7
U.S. Department of Labor. Family and Medical Leave (FMLA)
8
Family and Medical Leave Insurance (FAMLI). Parental (Bonding) Leave
9
Colorado Family and Medical Leave Insurance. My FAMLI+ User Guide Reasons for Leave
10
Colorado Family and Medical Leave Insurance (FAMLI). FAMLI and FMLA
11
Colorado Family and Medical Leave Insurance. My FAMLI+
12
Internal Revenue Service. Revenue Ruling 2025-4
13
Family and Medical Leave Insurance (FAMLI). Appeals FAQ