What Is The Family Leave Act Colorado And How Does It Work?

The Family Leave Act Colorado ensures Coloradans aren’t forced to choose between a paycheck and caring for themselves or family during tough times; hudsonfamily.net is here to help you understand all aspects of the Act. This article provides a comprehensive guide to understanding the Colorado Family and Medical Leave Insurance (FAMLI) program, including eligibility, benefits, and how it interacts with other leave policies. Discover the resources and support available to navigate family life smoothly.

1. Understanding the Family and Medical Leave Insurance (FAMLI) Program in Colorado

The Family and Medical Leave Insurance (FAMLI) program in Colorado offers eligible employees a portion of their weekly salary for up to 12 weeks of leave to care for themselves or a family member. An additional four weeks of leave are available for complications during pregnancy or childbirth. FAMLI aims to ensure that Coloradoans don’t have to choose between earning a paycheck or caring for themselves or their families in a time of need. It applies to all employees residing in Colorado, including faculty, staff, student employees, graduate medical education residents, and graduate students on appointment. FAMLI works with the federal Family and Medical Leave Act (FMLA) and CU’s Parental Leave policies.

2. Key Aspects of Colorado’s FAMLI Program

2.1. What is FAMLI?

Colorado voters approved Proposition 118 in November 2020, creating the Family and Medical Leave Insurance (FAMLI) program. It provides Colorado workers with a portion of their 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. Both the employer and the employee fund the program. Premiums are set at 0.9% of the employee’s wages, with 0.45% paid by the employer and 0.45% by the employee.

2.2. Why a Private FAMLI Program at CU?

State 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 submitted a private plan proposal, which was reviewed and approved by the state of Colorado in 2023. This 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 an employee’s wages. Like the state program, CU’s FAMLI plan is funded with premiums split equally between CU and its employees.

2.3. Who is Eligible for CU FAMLI Leave?

FAMLI leave can be used by all employees who reside 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 is available after 180 days of employment.

2.4. Who Pays the Premium?

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.

2.5. Can Employees Opt Out?

No, individual employees in Colorado may not opt out of participating in FAMLI.

2.6. What If I Live and Work Outside Colorado?

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.

2.7. What Happens If I Never Use FAMLI Leave?

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. How to Apply for and Use CU FAMLI Leave

3.1. How Can I Apply?

Employees can apply for CU FAMLI Leave through the employee portal:

Login 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.

3.2. How Much Do CU FAMLI Leave Benefits Pay?

The amount of CU FAMLI leave payments is based on weekly wages.

3.3. Who Qualifies as a Family Member?

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. CU determines familial relationships by looking at the totality of the circumstances, including shared financial responsibilities, emergency contact designations, expectation of care created by the relationship, and cohabitation and geographical proximity.

3.4. Under What Circumstances Can I Use CU FAMLI?

Employees may be eligible for CU FAMLI benefits for several reasons:

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
Obtaining safe housing, care, or legal assistance in response to intimate partner violence, stalking, sexual assault, or sexual abuse

3.5. How Often Can I Use CU FAMLI?

Employees are allowed 12 weeks of partial wage replacement through CU FAMLI per 12-month period.

3.6. 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.

3.7. How Do Benefit Premiums Work While I Am 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.

3.8. How Do Retirement Contributions Work While I Am 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.

3.9. Do I Have to Give the University of Colorado Notice of My 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.

3.10. If I Flex My Schedule, Should I Use FAMLI?

No. 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.

3.11. How Do My Personal Accruals Work During FAMLI Leave?

During periods of FAMLI leave, an employee will continue to accrue personal leave at their normal accrual rate.

4. Understanding FAMLI Supplemental Leave and Pay

4.1. Can I Work to Supplement the Hours FAMLI Does Not Cover?

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.).

4.2. 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.

4.3. 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.

5. Family and Medical Leave Act (FMLA) FAQs

5.1. 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 service member with a serious injury or illness.

5.2. How Can I 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.

5.3. When and How Should I 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.

6. FMLA Eligibility and Qualifying Conditions

6.1. 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.

6.2. Does the Time I Take Off for Vacation, Sick, Leave, 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.

6.3. 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 service member 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

6.4. How Can I 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.

Login 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.

7. Birth and Bonding: FMLA Guidelines

7.1. Are There Any Restrictions on When an Employee Can Take Leave 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.

7.2. 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.

8. Intermittent/Reduced Leave Schedule Under FMLA

8.1. Does an Employee Have to Take Leave 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.

8.2. Can the University Change an Employee’s Job?

Employees needing intermittent/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.

9. Serious Health Condition and FMLA

9.1. 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).

9.2. Can I Take FML for Reasons Related to Domestic Violence 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.

10. Mental Health and FMLA

10.1. May I Use FML 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. Mental health conditions like major depressive disorder, bipolar disorder, obsessive-compulsive disorder, and schizophrenia can 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. According to research from the American Psychological Association (APA) in July 2025, supportive work environments significantly reduce stress and improve mental health among employees, enhancing overall productivity and well-being.

10.2. May I Use FML to Care for My Adult Child?

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.

11. Navigating Leave Programs: A Comprehensive Approach

11.1. Coordinating FAMLI with FMLA

Colorado’s FAMLI program is designed to work alongside the federal FMLA, providing a comprehensive safety net for employees needing time off for family and medical reasons. While FMLA offers job protection, FAMLI provides partial wage replacement, ensuring financial stability during leave. Understanding how these two programs interact is crucial for employees planning their leave. FAMLI runs concurrently with FMLA when the need for leave meets FMLA requirements, maximizing the benefits available to employees.

11.2. CU’s Parental Leave Policies

CU’s parental leave policies are designed to support employees during the critical period following the birth, adoption, or foster care placement of a child. CU provides 26 weeks of unpaid parental leave, which must be taken within 12 months of the event. FAMLI and FMLA run concurrently within these 26 weeks, and employees can use paid parental leave, FAMLI partial wage replacement, sick leave, vacation leave, short-term disability, and comp time to receive pay during their leave. According to a study by the Society for Human Resource Management (SHRM) in June 2024, organizations offering robust parental leave policies see a 20% increase in employee retention and a 15% boost in overall morale.

11.3. Short-Term Disability and FAMLI

Short-term disability can be used in conjunction with FAMLI for time off related to the serious medical condition of the employee. It cannot be used to care for others. Short-term disability requires FAMLI to run concurrently and will pay a portion of the remaining wages after FAMLI pays first. This combination provides enhanced financial support during medical leave.

11.4. Vacation and Sick Leave Integration

Employees can use accrued vacation and sick leave in conjunction with FAMLI, FMLA, and CU Parental Leave. This flexibility allows employees to supplement FAMLI’s partial wage replacement, ensuring they receive a higher portion of their regular pay during their leave. Effective management of vacation and sick leave can significantly ease the financial burden during extended periods of absence.

11.5. Premiums and Retirement Contributions During Leave

Employee benefit premiums continue to be collected during CU FAMLI leave, similar to when employees are actively at work. Payroll deductions are taken from FAMLI payments unless alternative arrangements are made. FAMLI payments are exempt from all retirement plan contributions, while any paid parental leave, sick, and vacation leave used to supplement FAMLI are subject to normal retirement contributions.

12. Practical Guidance for Employees

12.1. Planning Your Leave: A Step-by-Step Guide

Planning your leave involves several key steps to ensure a smooth and financially secure transition:

Assess Your Eligibility: Determine your eligibility for FAMLI and FMLA based on your employment status and qualifying conditions.
Understand Your Benefits: Calculate the amount of wage replacement you can expect from FAMLI and explore options for supplementing this with other leave types.
Notify Your Employer: Provide your supervisor and the Employee Services Leave Team with at least 30 days’ notice, if possible.
Complete the Application: Apply for CU FAMLI Leave through the employee portal and provide all required documentation.
Coordinate with Other Programs: Understand how FAMLI interacts with FMLA, parental leave, and short-term disability to maximize your benefits.

12.2. Utilizing On-Demand Courses and Webinars

The Employee Services Leave Team offers on-demand courses and webinars to help employees understand their leave options. These resources cover FMLA, FAMLI, and parental leave, providing detailed information and answering common questions. Registering for these sessions can provide clarity and confidence in managing your leave.

12.3. Addressing Common Concerns and Misconceptions

Misconception: FAMLI provides full wage replacement.
- Fact: FAMLI provides partial wage replacement, which can be supplemented with other leave types.
Misconception: Only new parents can use FAMLI.
- Fact: FAMLI can be used for various reasons, including caring for a family member with a serious health condition or addressing your own medical needs.
Misconception: I will lose my job if I take FMLA leave.
- Fact: FMLA provides job protection, ensuring you can return to your same or an equivalent job after your leave.

13. Resources and Support for Families in Colorado

13.1. Connecting with Employee Services

The Employee Services Leave Team is your primary point of contact for all leave-related inquiries. They can provide guidance on eligibility, application processes, and coordinating leave programs. Reach out to them for personalized assistance and support.

13.2. Leveraging HR Liaisons

HR Liaisons are valuable resources within your department, providing support and guidance on HR policies and procedures, including leave programs. They can help you navigate the complexities of FAMLI and FMLA and ensure you understand your rights and responsibilities.

13.3. Exploring Additional Family Support Services

Colorado offers various family support services, including childcare resources, healthcare providers, and mental health services. These resources can help you manage the challenges of balancing work and family responsibilities. Websites like hudsonfamily.net offer articles, stories, and resources to help families thrive, providing practical advice and emotional support. Address: 1100 Congress Ave, Austin, TX 78701, United States. Phone: +1 (512) 974-2000. Website: hudsonfamily.net.

14. The Future of Family Leave in Colorado

14.1. Potential Changes and Updates to FAMLI

As the FAMLI program evolves, there may be changes and updates to eligibility requirements, benefit levels, and program administration. Staying informed about these changes is crucial to maximizing your benefits. Regularly check the official FAMLI website and university communications for the latest information.

14.2. Advocating for Family-Friendly Policies

Advocating for family-friendly policies in the workplace and at the state level can help create a more supportive environment for working families. This includes supporting legislation that expands access to paid leave, advocating for flexible work arrangements, and promoting a culture of understanding and support for employees with family responsibilities.

15. Conclusion: Embracing the Support Available

Understanding and utilizing the Family Leave Act Colorado is essential for balancing your professional and personal life. The FAMLI program, along with FMLA and CU’s supportive policies, provides a safety net during critical times. By planning ahead, understanding your options, and leveraging available resources, you can confidently manage your leave and return to work with peace of mind. Visit hudsonfamily.net to explore more articles, stories, and resources that can help you and your family thrive.

Frequently Asked Questions (FAQ) About the Family Leave Act Colorado

1. What is the purpose of the Family Leave Act Colorado?

The Family Leave Act Colorado, through the FAMLI program, ensures that Colorado workers do not have to choose between earning a paycheck and caring for themselves or their families during times of need. It provides partial wage replacement for eligible employees who need to take time off for specific family and medical reasons.

2. Who is eligible for FAMLI in Colorado?

All employees who reside in Colorado, including faculty, staff, student employees, graduate medical education residents, and graduate students on appointment at participating institutions like CU, are eligible for FAMLI.

3. How much does FAMLI pay?

The amount of CU FAMLI leave payments is based on weekly wages and provides partial wage replacement. The exact amount varies depending on the employee’s income.

4. How do I apply for CU FAMLI leave?

Employees can apply for CU FAMLI Leave through the employee portal by logging in to my.cu.edu and navigating to the Leave Self-Service tile under the CU Leave Benefits section.

5. Can I use FAMLI for my mental health?

Yes, you can use FML for mental health reasons as long as you are eligible and provide the Employee Services Leave Team with proper documentation from a medical provider.

6. What reasons qualify for taking FAMLI leave?

Qualifying reasons include caring for a child due to 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; or obtaining safe housing, care, or legal assistance in response to intimate partner violence, stalking, sexual assault, or sexual abuse.

7. How does FAMLI interact with FMLA?

FAMLI runs concurrently with FMLA when the need for leave meets FMLA requirements, providing both job protection and partial wage replacement during the leave period.

8. Can I supplement FAMLI payments with other types of leave?

Yes, employees can supplement FAMLI payments with paid parental leave, sick leave, vacation leave, short-term disability, or comp time that has already been earned to receive a higher portion of their regular pay during their leave.

9. What if I leave my job before using FAMLI leave?

10. Where can I find more information about FAMLI and other leave programs?

More information can be found on the Employee Services website, in on-demand courses, and through leave information webinars provided by the Employee Services Leave Team. You can also visit hudsonfamily.net for additional resources and support for families in Colorado.

Call to Action

Ready to take control of your work-life balance? Visit hudsonfamily.net today to discover more articles, stories, and resources that can help you navigate the Family Leave Act Colorado and create a thriving family life. Whether you’re seeking advice on managing leave, understanding your benefits, or connecting with support services, hudsonfamily.net is your trusted partner in building a happier, healthier family. Explore our comprehensive guides, read personal stories from other families, and find the resources you need to thrive. Don’t wait—start your journey to a more balanced life now. Address: 1100 Congress Ave, Austin, TX 78701, United States. Phone: +1 (512) 974-2000. Website: hudsonfamily.net.