Colorado Paid Family Leave can help you manage work-life balance. This comprehensive guide by hudsonfamily.net breaks down eligibility, benefits, and how to apply for a more secure family future.
Colorado’s Family and Medical Leave Insurance (FAMLI) program offers eligible employees a portion of their weekly salary for up to 12 weeks of leave to care for themselves or a family member. It also provides an additional four weeks of leave for complications during pregnancy or childbirth. Keep reading to find out more about Colorado paid family leave and how you can make the most of it. At hudsonfamily.net, we are dedicated to providing you with trustworthy and insightful resources, ensuring you’re well-equipped to navigate every aspect of family life.
1. Understanding Colorado’s FAMLI Program
What Exactly is FAMLI?
The Colorado Family and Medical Leave Insurance (FAMLI) program was approved by voters in November 2020. It ensures Colorado workers don’t have to choose between earning a paycheck and caring for themselves or their families during times of need.
- The program provides a portion of an employee’s weekly salary for up to 12 weeks per year to care for themselves or their families, with an additional four weeks for pregnancy or childbirth complications.
- The program is funded by both employers and employees. Premiums are set at 0.9% of the employee’s wages, split equally between the employer and the employee (0.45% each).
Why Did CU Establish a Private FAMLI Program?
Colorado law allows employers to offer a self-funded paid family leave program with benefits that meet or exceed the state’s FAMLI program, instead of participating in the state insurance program. CU (University of Colorado) submitted a private plan proposal, which was approved by the state of Colorado in 2023.
CU’s self-funded plan integrates FAMLI leave with all of CU’s leave programs. Employees can use paid sick leave, vacation leave, and other types of leave or insurance coverage to supplement FAMLI coverage, which only replaces a percentage of their wages. Like the state program, CU’s FAMLI plan is funded by premiums split equally between CU and its employees.
According to the CU FAMLI Private Plan Notice, this approach ensures comprehensive support for employees during significant life events.
2. Eligibility for Colorado Paid Family Leave
Who Can Apply for CU FAMLI Leave?
FAMLI leave is available to all employees residing in Colorado, including faculty, staff, student employees, graduate medical education residents, and graduate students on appointment.
- Employees are eligible for CU FAMLI payments from day one of employment.
- Job protection through CU FAMLI begins after 180 days of employment.
Who Pays the 0.45% Employee Premium Deduction?
All employees living in Colorado who earn wages through CU’s payroll will see an after-tax deduction in their paychecks.
- CU Graduate Medical Education (GME) residents/fellows are considered employees and are subject to the premium.
- Individuals in job codes 3201-3209 (on unique stipends and fellowships) are not considered CU employees and are not subject to the premium and may not use FAMLI leave.
Can Employees Opt Out of FAMLI?
No, individual employees in Colorado cannot opt out of participating in FAMLI.
Can Out-of-State Employees Use FAMLI Leave?
No, FAMLI leave only applies to in-state employees. Out-of-state employees do not pay the premium deduction and must use their state’s family medical leave policies, if applicable.
What Happens If FAMLI Leave Is Never Used?
If you leave or retire from the University of Colorado and do not use any of your available FAMLI leave, you will not be entitled to receive any monetary benefits from your previous contributions to CU FAMLI.
3. Applying for and Utilizing CU FAMLI Leave
How to Apply for CU FAMLI Leave?
Employees can apply for CU FAMLI Leave through the employee portal:
- Log in to my.cu.edu.
- Select Forms from the CU Resources Home dropdown menu.
- Select the Collaborative HR Services tile.
- Select the CU Leave Benefits tile.
- Select the Leave Self-Service tile.
How Much Does CU FAMLI Leave Pay?
The amount of CU FAMLI leave payments is based on weekly wages.
Who Qualifies as a Family Member Under CU FAMLI?
Family members include a covered individual’s child, parent, spouse, domestic partner, grandparent, grandchild, sibling, or someone with whom they have a significant personal bond. Understanding that families are not always traditional, CU will determine familial relationships by looking at various factors, including:
- Shared financial responsibilities
- Emergency contact designations
- Expectation of care created by the relationship
- Cohabitation and geographical proximity
Under What Circumstances Can CU FAMLI Be Used?
Employees may be eligible for CU FAMLI benefits for several reasons, including:
- Caring for a child as the result of a birth, adoption, or foster care placement
- Caring for a family member with a serious health condition
- Caring for your own serious health condition
- Making arrangements for a family member’s military deployment
- To obtain safe housing, care, or legal assistance in response to intimate partner violence, stalking, sexual assault, or sexual abuse
According to a study by the American Psychological Association (APA), providing support during these critical times can significantly improve family well-being.
How Often Can CU FAMLI Be Used?
Employees are allowed 12 weeks of partial wage replacement through CU FAMLI per 12-month period.
4. Coordinating FAMLI with Other Leave Programs
How Does CU FAMLI Work with Other Leave Programs?
CU FAMLI may run concurrently or in conjunction with other leave programs:
- Family and Medical Leave Act (FMLA): This federal program provides job protection for 12 weeks per 12-month period. FMLA will run concurrently with FAMLI when the need for leave meets the FMLA requirements.
- CU Parental Leave and Paid Parental Leave: CU Parental Leave runs concurrently with FAMLI and FMLA.
- Short-Term Disability: This plan offers compensation for employees on short-term disability leave. If enrolled in short-term disability, it will run concurrently with FAMLI and FMLA.
- Vacation and Sick Leave: Accrued through employment, this leave can be used in conjunction with FAMLI, FMLA, and CU Parental Leave as the employee desires.
How Do Benefit Premiums Work While on CU FAMLI Leave?
Employee benefit premiums will be collected in the same way as if actively at work (i.e., through payroll deductions). If an employee is not using any supplemental leave during CU FAMLI, such as vacation leave, sick leave, or paid parental leave, and is only receiving FAMLI payments, payroll deductions will continue and will be deducted from CU FAMLI payments. Employees may choose to discontinue payroll deductions and make alternative arrangements to pay the premiums. If no alternative arrangements are made, any unpaid premiums will be held in arrears and deducted from the employee’s pay after their leave has ended.
How Do Retirement Contributions Work While on CU FAMLI Leave?
FAMLI payments are exempt from all retirement plan contributions, mandatory and voluntary. Any paid parental leave, sick, and vacation leave used to supplement FAMLI will be subject to normal retirement contributions.
Do Employees Need to Notify the University of Their Leave Under Colorado FAMLI?
Yes, employees must notify their supervisor and the Employee Services Leave Team at least 30 days prior to the start of their leave, or as soon as possible if 30 days advance notice is not possible. Requests should be submitted through the application in your employee portal.
When Should FAMLI Be Used Instead of Flexing Schedules?
FAMLI should only be used if the employee is recording time off. Often, flexing a schedule keeps the total hours worked by the employee the same, and no sick or vacation leave is recorded. Flex time is an agreement between the employee and supervisor and is subject to the business needs of the department.
How Do Personal Accruals Work During FAMLI Leave?
During periods of FAMLI leave, an employee will continue to accrue personal leave at their normal accrual rate.
5. FAMLI Supplemental Leave and Pay
Can Employees Work to Supplement Hours Not Covered by FAMLI?
No, FAMLI pays a portion of the time an employee has already taken off. The only way an employee can supplement FAMLI payment is by using paid parental leave, sick leave, vacation leave, short-term disability, or comp time that has already been earned.
For example, if you are working a half-day as a 1.0 FTE employee who works 8 hours per day, you would have four (4) hours of regular earnings and four (4) hours of FAMLI leave. The four (4) hours of regular earnings will be at full pay, and the 4 hours of FAMLI leave will be at partial pay (which can be supplemented with sick, vacation, paid parental leave, etc.).
How Does CU’s Parental Leave Work with FAMLI?
For university staff, classified staff, and 12-month faculty, CU provides 26 weeks of unpaid parental leave. These 26 weeks must be taken in the 12 months following the birth, adoption, or foster care placement.
FAMLI and FMLA are required to run concurrently within the 26 weeks of parental leave. The 26 weeks can be taken consecutively, intermittently, or on a reduced schedule within the 12-month period. To receive pay while on parental leave, an employee can use paid parental leave, FAMLI partial wage replacement, sick, vacation, short-term disability, and comp time already earned.
Due to each employee’s differing leave balances and wages, all examples are illustrative and not guaranteed.
Example:
| Weeks | Leave Type |
|---|---|
| 1-6 | FAMLI and Paid Parental Leave (PPL) used |
| 7-12 | FAMLI and sick leave used |
| 13-20 | Sick leave and vacation leave used |
| 21-26 | Leave without pay |
How Does Short-Term Disability Work with FAMLI?
Short-term disability can be used in conjunction with FAMLI for time off related to the serious medical condition of the employee only. It cannot be used to care for others. Short-term disability requires FAMLI to run concurrently and will require FAMLI to pay first while short-term disability will pay a portion of the remaining wages.
6. Understanding the Family and Medical Leave Act (FMLA)
What Does the Family and Medical Leave Act Provide?
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks (480 hours for a 100% employee) of unpaid job-protected leave per 12-month period. During an approved leave under the FMLA, an employee’s group health benefits will be maintained, and the employee is entitled to return to their same or an equivalent job at the end of their FMLA leave.
The FMLA also provides certain military family leave entitlements. Eligible employees may take FMLA leave for specified reasons related to certain military deployments of their family members. Additionally, they may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.
How to Receive Pay While on Family Medical Leave (FML)?
Although FML is unpaid leave, the university requires employees to use their available sick, vacation, paid parental, or other types of paid leave to receive pay during their absence. Employees may also choose to use CU FAMLI to receive pay during FML.
When and How to Request FML?
If the leave is foreseeable, a request must be submitted to the Employee Services Leave Team at least 30 days before the leave is to begin. If the need for leave is urgent and not foreseeable, the request must be submitted as soon as practical and generally must comply with the department’s normal call-in procedures.
7. FMLA Eligibility
Who Can Take FML?
Any employee who works for the university and meets the FMLA eligibility requirements can take FML.
- For Classified Staff: The employee must have one year of total state service as of the date leave will begin. Additionally, classified employees are eligible for one additional week (40 hours for a 100% employee) of State family medical leave subsequent to the use of leave under the FMLA.
- For University Staff and Faculty: The employee must have been employed by the university for at least 12 months within the past seven years and have worked at least 1,250 hours during the most recent 12-month period prior to the start of leave. Part-time, FLSA-exempt employees with an FTE of 50% or greater are presumed to have met the 1,250 hours requirement, provided they have at least one year of university service.
Do Vacation, Sick, or Other PTO Count Toward the 1,250 Hour Requirement?
The 1,250 hours include only those hours actually worked for the university. Paid leave and unpaid leave, including FMLA leave, are not included in the calculation.
8. Qualifying Conditions for FMLA
When Can an Eligible Employee Use FML?
An eligible employee can use FML for:
- The birth and care of a newborn child
- The placement and care of a child for adoption/foster care
- A serious health condition of an employee or their spouse, child, or parent
- Care for a covered servicemember with a serious injury or illness (26 weeks)
- A qualifying exigency when a parent, child, spouse, civil union partner, or domestic partner is called up for active military duty
How to Apply for FMLA Leave?
To apply for FML, employees must complete an application form and provide all required documentation to Employee Services. Once the application is received, Employee Services will process the application, notify the employee of approval status, and guide them through their entire leave.
Online applications for FML are located in the employee portal:
- Log in to the employee portal.
- Select Forms from the CU Resources Home dropdown menu.
- Select the Collaborative HR Services tile.
- Select the CU Leave Benefits tile.
- Select the Apply for Leave Benefits tile.
- Complete the secure unity form.
- Employees will receive a confirmation email once their application has been successfully submitted.
- The Employee Services Leave Team will reach out to the employee to discuss eligibility and next steps.
9. FMLA for Birth and Bonding
Are There Restrictions on When Leave Can Be Taken for the Birth or Adoption of a Child?
Leave to bond with a newborn child or for a newly placed adopted or foster child must conclude within 12 months after the birth or placement.
When Can a Parent Take Leave for a Newborn?
All parents have the same right to take FML to bond with a newborn child. A birthing parent can also take FML for prenatal care, incapacity related to pregnancy, and for their own serious health condition following the birth of a child. A non-birthing parent can also use FML to care for their spouse who is incapacitated due to pregnancy or childbirth.
10. Intermittent and Reduced Leave Schedules Under FMLA
Does Leave Have to Be Taken All at Once?
When it is medically necessary, employees may take FML intermittently—taking leave in separate blocks of time for a single qualifying reason—or on a reduced leave schedule—reducing the employee’s usual weekly or daily work schedule.
Can the University Change an Employee’s Job When Intermittent or Reduced Leave Is Taken?
Employees needing intermittent or reduced schedule leave for foreseeable medical treatments must work with the university to schedule the leave to minimize their department’s operations and business needs as much as possible. In such cases, the university may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee’s regular job.
11. Defining a Serious Health Condition for FMLA
What Is a Serious Health Condition?
The most common serious health conditions that qualify for FML are:
- Conditions requiring an overnight stay in a hospital or other medical care facility.
- Conditions that incapacitate you or your family member (for example, unable to work or attend school) for more than three consecutive days and have ongoing medical treatment (either multiple appointments with a health care provider or a single appointment and follow-up care such as prescription medication).
- Chronic conditions that cause occasional periods when you or your family member are incapacitated and require treatment by a health care provider at least twice a year.
- Pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).
Can FML Be Used for Domestic Violence-Related Issues?
FML may be available to address certain health-related issues resulting from domestic violence. An eligible employee may take FML because of their own serious health condition or to care for a qualifying family member with a serious health condition that resulted from domestic violence. For example, an eligible employee may be able to take FMLA leave if they are hospitalized overnight or are receiving certain treatment for post-traumatic stress disorder that resulted from domestic violence.
12. FMLA and Mental Health
Can FML Be Used for Mental Health Reasons?
Yes. As long as an employee is eligible and provides the Employee Services Leave Team with proper documentation from a medical provider, they can use FML for mental health reasons.
Can FML Be Used to Care for an Adult Child with Mental Health Issues?
It depends. Employees may use FML to care for a child who is 18 years of age or older if the child is incapable of self-care because of a disability as defined by the ADA, has a serious health condition as defined by the FMLA, and needs care because of the serious health condition.
A disability under the ADA is a mental or physical condition that substantially limits one or more of the major life activities of an individual, such as working. Major depressive disorder, bipolar disorder, obsessive-compulsive disorder, and schizophrenia are a few examples of mental health conditions that may substantially limit one or more of an individual’s major life activities when active. A mental health condition requiring an overnight stay in a hospital or residential medical care facility would be a qualifying serious health condition under the FMLA.
13. Colorado Paid Family Leave FAQs
What is Colorado FAMLI?
Colorado FAMLI, or Family and Medical Leave Insurance, provides eligible Colorado workers with partial wage replacement for up to 12 weeks (plus an additional 4 weeks for pregnancy complications) to care for themselves or a family member.
Who is eligible for Colorado FAMLI?
All Colorado employees are eligible from day one. Job protection begins after 180 days of employment.
How is Colorado FAMLI funded?
Colorado FAMLI is funded through a premium of 0.9% of employee wages, split evenly between the employer and the employee.
What reasons qualify for taking Colorado FAMLI leave?
Reasons include caring for a new child, a family member with a serious health condition, your own serious health condition, or addressing needs related to military deployment or domestic violence.
How do I apply for Colorado FAMLI benefits?
You can apply through your employer’s portal or the state’s online system, providing necessary documentation.
Can I supplement my Colorado FAMLI benefits with other leave types?
Yes, you can use paid parental leave, sick leave, vacation leave, or short-term disability to supplement FAMLI payments.
Does Colorado FAMLI affect my other benefits?
Your health benefits continue during FAMLI leave, and retirement contributions are generally exempt from FAMLI payments.
Can I work while receiving Colorado FAMLI benefits?
No, Colorado FAMLI is designed for periods where you need to take time off work. Supplementing with other paid leave is allowed, but working simultaneously is not.
What is the difference between Colorado FAMLI and FMLA?
FMLA is a federal law providing job protection for unpaid leave, while Colorado FAMLI provides partial wage replacement during leave.
Where can I find more information about Colorado FAMLI?
More information is available on the Colorado Department of Labor and Employment website or through your employer’s HR department.
Conclusion
Navigating family leave can be complex, but understanding your options is crucial for balancing work and family responsibilities. Colorado’s FAMLI program, along with resources like those available at hudsonfamily.net, provides valuable support for families during significant life events. Take the time to explore these benefits and plan for a more secure and balanced future.
Are you ready to take control of your family’s future? Visit hudsonfamily.net today to discover more articles, tips, and resources designed to support you in every aspect of family life. From financial planning to parenting advice, we’re here to help you build a stronger, happier family. Don’t wait—explore hudsonfamily.net now and start creating the family life you’ve always dreamed of!
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