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Colorado

Verified March 2026

Colorado Family and Medical Leave Insurance (FAMLI)

C.R.S. §§ 8-13.3-501 to 8-13.3-524

Paid LeaveMental Health Parity12 weeks
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Overview

Colorado's Family and Medical Leave Insurance (FAMLI) program provides up to 12 weeks of paid leave for workers who need time off for their own serious health condition, to care for a family member, to bond with a new child, for safe leave related to domestic violence or sexual assault, or for qualifying military exigencies. Workers experiencing pregnancy or childbirth complications can receive up to 4 additional weeks (16 weeks total).

Starting January 1, 2026, Colorado expanded the program to include Neonatal Care Leave: up to 12 additional weeks of paid leave for parents whose infant is admitted to a NICU. Combined with standard bonding leave, NICU parents can receive up to 24 weeks of paid leave (or 28 weeks if the birthing parent also has pregnancy complications).

The program covers virtually all Colorado workers, regardless of employer size. Eligibility requires having earned at least $2,500 in wages during the base period. Benefits are calculated at 90% of the portion of your wages up to 50% of the state average weekly wage, plus 50% of wages above that threshold. The maximum weekly benefit for 2026 is $1,381.45 (90% of the SAWW). There is no waiting period; benefits are payable from day one of approved leave. The FAMLI premium rate for 2026 is 0.88% of wages, split evenly (0.44% employer / 0.44% employee). Employers with fewer than 10 employees are exempt from the employer share. Self-employed individuals can opt in.

Covered family members include your spouse or domestic partner, child (of any age, including step, foster, and in loco parentis), parent (including in-law and step), grandparent, grandchild, sibling, or any individual with a significant personal bond that is or is like a family relationship.

FAMLI provides both wage replacement and job protection. Workers who have been employed for at least 180 days before their leave begins are entitled to reinstatement to the same or equivalent position with equivalent benefits, pay, and other terms of employment. Your employer must continue your health insurance coverage during leave, regardless of tenure. The program is administered by the Colorado Division of Family and Medical Leave Insurance within the Department of Labor and Employment.

Beyond FAMLI, Colorado enforces the Colorado Anti-Discrimination Act (CADA), which prohibits disability discrimination, including mental health conditions, for employers with 1 or more employees. Colorado also has the Healthy Families and Workplaces Act (HFWA), which provides paid sick leave for all workers. These overlapping protections create a robust safety net for workers facing health challenges.

Eligibility

Employer Size

1+ employees

Leave Duration

12 weeks

Paid Leave

Yes

Compared to Federal FMLA
Paid leave for all employers. No minimum employer size. Up to 16 weeks for complications. Strong mental health parity.

Additional Protections

Colorado Anti-Discrimination Act (CADA)

Prohibits employment discrimination based on disability, including mental health conditions. Covers employers with 1 or more employees and requires reasonable accommodations.

C.R.S. § 24-34-402

Healthy Families and Workplaces Act (HFWA)

Requires all employers to provide at least 48 hours of paid sick leave per year. Includes additional leave for public health emergencies. Can be used for mental health needs.

C.R.S. § 8-13.3-401 et seq.

Mental Health Parity

Colorado requires insurance plans to cover mental health and substance use disorder services at parity with medical and surgical benefits.

C.R.S. § 10-16-104(5.5)

Safe Leave (FAMLI)

FAMLI includes a 'safe leave' provision allowing workers to take paid leave to address needs related to domestic violence, stalking, or sexual assault.

C.R.S. § 8-13.3-503(8.5)

How to Exercise Your Rights

1. Notify Your Employer

  • Provide your employer with 30 days' advance notice if the leave is foreseeable.
  • For unexpected events, provide notice as soon as practicable.
  • You do not need to disclose your specific diagnosis to your employer.

2. File a FAMLI Claim

  • Visit famli.colorado.gov to create an account and file your claim.
  • Select the type of leave (medical, family, bonding, or safe leave).
  • Your healthcare provider must complete a certification of serious health condition.
  • The FAMLI Division will process your claim and begin benefit payments.

3. File a Discrimination Complaint

  • Visit the Colorado Civil Rights Division website.
  • File within 300 days of the discriminatory act.
  • Complete the intake form detailing the discrimination or retaliation related to your leave or disability.

Important Deadlines

  • 30 days - Advance notice required for foreseeable FAMLI leave
  • 180 days - Minimum employment duration to qualify for job protection (reinstatement) upon return from FAMLI leave
  • 300 days - Deadline to file a discrimination complaint with the Colorado Civil Rights Division
  • 300 days - Deadline to file a charge with the federal EEOC

Official Resources

Full Statute Text

Read the complete text of the law

Colorado FAMLI Division

Administers the FAMLI program. File claims, check benefit status, and access resources for workers and employers.

303-318-9100

Colorado Civil Rights Division (CCRD)

Enforces the Colorado Anti-Discrimination Act. Handles employment discrimination complaints including disability and mental health discrimination.

303-894-2997

Colorado Department of Labor and Employment (CDLE)

Oversees labor standards including paid sick leave, wage and hour laws, and FAMLI administration.

303-318-8000

Frequently Asked Questions

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