As of January 1, 2023, all Colorado employers are required to post or otherwise provide employees with the state-issued FAMLI Program notice (available in English and Spanish) and also begin deducting employees’ shares of FAMLI Program premiums from employee paychecks, where applicable.

Under the FAMLI Program, eligible employees may receive up to up to $1,100 in weekly FAMLI Program benefits for eligible leave starting in 2024, and up to 90 percent of the state average weekly wage rate for eligible leave taken thereafter. These benefits are funded, in part, by premiums paid into the fund by eligible Colorado employers and their employees.

The state-run fund will provide Colorado employees with up to 12 weeks of paid family and medical leave where leave is needed due to birth, adoption, family member care, self-care, exigency leave, or safe leave, as well as up to four additional weeks of paid leave related to pregnancy and childbirth.

Employers who offer paid family and medical leave benefits equal to or greater than the benefits provided by the FAMLI Program may begin applying for FAMLI Program exemption when the private plan application becomes available in Q1 of 2023.

Colorado employers who have yet to comply with the above guidelines will want to contact an attorney as soon as possible to evaluate their eligibility status under the FAMLI Act and begin making necessary deductions, if needed. 

To read more about the Colorado FAMLI Program, see our Alert on the topic.