The Colorado FAMLI program is now approving the first paid leave claims

Jasmine White, center, holds a sign with supporters of Senate Bill 19-188, as they participate in a rally in support of paid family leave on the west steps of the state Capitol on April 9, 2019, in Denver. During two pregnancies, White, as a single parent and sole breadwinner, had to work two jobs that offered no leave benefits. (Helen Richardson, Denver Post)

Colorado workers who need to take time off work to care for a new child or family member — or to deal with their own serious health condition — can now receive pay for that time away from their jobs.

But there are limits on the length of paid time available and the amount paid under the state’s Family and Medical Leave Insurance program, known as FAMLI. Colorado voters created the program in 2020 when Proposition 118 passed with nearly 58% support.

Employers and employees began paying into the program last year, equally dividing the premium set at 0.9% of an employee’s pay. But 2024 is the first year Coloradans can receive benefits, with the first claims now approved.

“We are proud to have built a claims application system that makes it as simple as possible for Colorado workers to access this important benefit,” FAMLI Program Division Director Tracy Marshall said in a statement. “Most Coloradans have been paying FAMLI premiums for a year now, and we are excited that we have reached the important milestone of issuing the first set of benefit payments.”

As of Jan. 4, Colorado employees had submitted 6,602 claims since the portal opened in late November, and 4,103 of them had been approved, according to Marshall. About 500 have been denied. The department is expected to receive 67,700 claims by the end of fiscal year 2024, which ends June 30. The first payments were expected to be disbursed this week.

Below is more information about how the new program works and answers to frequently asked questions.

How does the program work?

The program is considered a “social insurance program,” so claims are paid by the state, and are partly funded by premiums split between employers and employees (through payroll deductions). Some employers, including local governments, have been able to opt out of the new program.

How much paid leave is available?

The FAMLI program provides up to 12 weeks of compensation to employees when they need to take leave – or up to 16 weeks in cases of pregnancy and childbirth complications.

What situations qualify for paid leave?

Colorado residents who have a new baby or child, whether by birth, foster care or adoption, can file claims. Employees are also eligible if they have a serious health condition that they need time off to manage or if they are dealing with immediate safety needs or impacts from domestic violence or sexual assault.

Paid leave is also available for situations involving a family member, including if employees need to care for a loved one who is dealing with serious health issues or if they need to make arrangements for a family member’s military deployment.

Benefits are available once per year per qualifying event.

Who is eligible to apply for paid leave? Do I have to be a full-time employee?

The majority of Colorado employees, whether full-time or part-time, can take advantage of the program after earning at least $2,500 in wages subject to FAMLI premiums over one year. Employers must enroll in the program, even if they have only one employee, although employers with nine or fewer workers do not need to make employer contributions to the program. Their employees, who are still paying their share of premiums, can still receive benefits.

When applying for benefits, both part-time and full-time workers list their employers and work schedules. A person who has more than one job can take paid leave from several employers at once or from only one employer. They can also take their leave continuously, intermittently, or by reducing their working hours.

Self-employed workers who live and work in Colorado are also eligible if they opted into paid leave coverage before applying for benefits, paid their premiums and agreed to participate for at least three years.

Marshall said there is a misconception that an employee must work for the employer for six months to a year to receive benefits. They can actually take leave once they start working, but there’s a caveat: If they want job protection from their employer, they must have worked there for at least six months before taking leave.

Will I get my full salary?

It depends. The maximum compensation is $1,100 per week until the end of 2024, but the actual amount is determined based on the applicant’s average weekly income, with lower-income earners generally receiving a higher percentage.

The department uses a sliding scale based on an employee’s average weekly pay to determine compensation each week. Those who earn $710.58 a week or less — equivalent to $36,950 a year — will receive 90% of their average wage, or up to $639.52.

Workers who earn more than that will receive an additional amount calculated at 50% of the difference in weekly pay above that threshold, until they reach the cap. The result is that a worker who earns the equivalent of $50,000 per year will receive $765 per week, while a person who earns $65,000 per year will receive $909.23 per week. Those who make at least $84,840 per year — just over $1,631 per week — will receive the maximum compensation of $1,100 per week.

The program’s website has a calculator that workers can use to calculate how much benefits they will receive.

How can I make up the difference?

Employers can supplement the amount of money their workers receive while they are on paid leave by allowing them to use their accrued paid sick time or vacation time. The state requires a written agreement, and an employee cannot receive more compensation than the amount he would have been paid through his average weekly wage. More details are available on the FAMLI website.

Are DACA recipients and undocumented immigrants eligible?

Immigrants with Deferred Action for Childhood Arrivals and some undocumented immigrants are eligible if they meet certain requirements. They must be paid at least $2,500 and be able to verify their identity by providing a valid Social Security number or taxpayer identification number.

How is this program different from federal FMLA leave?

At the federal level, the Family and Medical Leave Act of 1993 protects an employee’s job while allowing up to 12 weeks of unpaid leave. Colorado is not the first state to approve a public paid leave program — eight other states have implemented it — but its program is considered among the most progressive. It is also the first in the country to be created by ballot (after six failed attempts by Democrats in the state legislature).

What if I work for a local government that has chosen not to participate in the state-run program?

Local governments and some companies with similar paid family leave programs have opted out of the state-run system and avoided paying premiums. Workers who want these benefits will have to apply through their employer programs.

If these workers still want state benefits, they can participate by pre-enrolling in the FAMLI program and committing to reporting their wages and paying their share of premiums for at least three consecutive years, Marshall said.

How do I apply for paid leave?

Employees can fill out applications on the MyFAMLI+ portal starting before they go on leave. Anyone filing a claim will need to provide their full contact information, Social Security number, taxpayer identification number, employer information, dates of leave and how they would like to take the leave (whether through reduced hours or otherwise).