In November 2020, Colorado voters went to the polls in record numbers to approve a paid leave program for employees — the Family Medical Leave and Insurance (FAMLI) program.

While employees aren’t eligible to take FAMLI leave until January 2024, most Colorado employers are required to register with the FAMLI program and begin making premium deductions from employee paychecks starting in January 2023. 

Here are some frequently asked questions — and answers — about the program.

What does FAMLI provide? The program provides Colorado workers 12 weeks  — 16 weeks for pregnancy or childbirth complications — of paid leave per year for the following reasons: to manage their own serious health conditions; care for family members with serious health conditions; care for a new child within the first year of birth, foster placement or adoption; make arrangements for military deployments; and address immediate safety needs and the effects of domestic violence or sexual assault.

How much income do employees receive on FAMLI leave? Employees receive up to 90 percent of their weekly wages from the Colorado Department of Labor and Employment FAMLI Division, which will process requests much like unemployment benefits.

How will the program be funded? Premiums to fund this program are currently set at 0.9 percent of the employee’s wage, with 0.45 percent paid by the employee. If the employer has 10 or more employees, the employer pays an additional 0.45 percent.

How will an employee get FAMLI leave? Starting in 2024, employees will apply for benefits to the FAMLI Division when a qualifying event occurs or is planned. The FAMLI Division will evaluate the claim, request documentation as needed and approve or deny benefits. Unlike employer-provided leave, employers aren’t required to determine when employees qualify for benefits. The state will make that determination. Employees and employers may appeal determinations, however.

Are there exceptions for employers? There are three categories of exemptions: local government entities, self-employed individuals and privately insured organizations. Although an employer may be exempted from contributing to the FAMLI program, the employees of these organizations could still sign up and receive benefits.   

Do employers have to return employees to their jobs when leave is over? In short, yes. Employees who’ve worked with employers for 180 or more days must be restored to the same or equivalent position.

How long does an employee have to work with an organization before taking  FAMLI leave? Leave isn’t conditioned on how long the employee works with the employer. Instead, any Colorado worker who makes more than $2,500 in yearly wages within the state is eligible. Employees can request leave on the first day of employment as long as they meet the wage requirement.   

What happens to employees’ health insurance while they’re on leave? Employers must maintain health care benefits for employees on leave, but employees could be required to continue paying their share of premiums.

Does FAMLI run at the same time as other leaves an organization provides? Yes and no. Employers can require employees to use leave under the federal Family and Medical Leave Act at the same time as FAMLI. But the organization can’t require employees to use employer-provided paid leave — paid time off, vacation or leave under the Colorado Healthy Families and Workplaces Act — at the same time as FAMLI leave. Employees may be given the opportunity to use such leave to offset the difference between what FAMLI pays and what the employee normally receives. 

Are employees required to use FAMLI as a block of leave or can they use it on an intermittent basis? Employees may receive approved leave in increments as small as an hour. Employees won’t be paid, though, until they’ve used eight hours of leave.

What information will an employer receive when an employee requests leave? Because employees request leave through the FAMLI Division just like an employee requests unemployment benefits through CDLE unemployment, an employer might not be the first to know an employee has requested FAMLI leave. Upon an employee requesting FAMLI leave, the employer will receive: notice an employee applied for benefits, including an opportunity to submit information to the division; the determination made by the FAMLI Division; procedures for the employer appeal process; and anticipated leave duration and return date. 

What should I do next? Employers should register on the FAMLI website at famli.colorado.gov, distribute information to employees regarding the FAMLI program, start making premium deductions on the first paychecks in 2023 and prepare to make matching contributions at the end of the first quarter.

Michael Santo is co-founder and managing attorney of the Bechtel & Santo law firm in Grand Junction. His practice focuses on defending companies in employment litigation, trade secret misappropriation, unfair competition and employee raiding. Reach him through the website at https://bechtelsanto.com.

His column was provided by the Western Colorado Human Resource Association. For more information, visit www.wchra.org.