Paid Family and Medical Leave (PFML)

Colorado

Family and Medical Leave Insurance Program (FAMLI) Division

Effective: 01/01/24
Last updated: 01/16/24

State website: famli.colorado.gov

 

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Colorado Paid Family and Medical Leave (CO PFML) Plan Details

Summary:
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State or private plan: (insured or self-insured).

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Mandatory coverage: All employers with one or more eligible employees working in Colorado are eligible, except federal government employees, and state and political subdivisions and local governments may opt out.

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Waiting period: 0 days.

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Benefit duration: 12 weeks plus up to 4 additional weeks for serious health condition related to complications due to pregnancy or childbirth, for total of 16 weeks per benefit year.

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Maximum benefit: $1,100 until 1/1/25.

 
Coverage details
    • State or private plan.
    • Private plans may be insured or self-insured and must at least equal the provisions of the state plan.
    • An exemption from the state plan must be filed and approved before the private plan may go into effect.

Symetra offers an insured plan with benefits payable beginning on or after July 1, 2024. Symetra does not offer ASO services.

Covered employers

All employers with one or more eligible employees working in Colorado during 20 weeks in the current or prior calendar year or who paid wages of $1,500 or more during any quarter in the prior calendar year are covered, except federal government employees, and state and political subdivisions and local governments may opt out.

Covered individuals

Covered individuals include the following individuals who meet the eligibility requirements:

  • Eligible employees providing services in Colorado who earned at least $2,500 in wages subject to premiums during the Base Year or Alternate Base Year; or
  • For the state plan, have elected coverage as a self-employed person, independent contractor, or sole proprietor, or has elected coverage as an employee of a local government where the local government has declined participation in the program; and who
  • Satisfy other administrative requirements to be considered eligible for CO PFML as outlined in the CO PFML statute and regulations.

The covered individual’s status is determined at the time of an application for benefits.

Contribution amount
  • State plan rate: 0.90% of wages, up to the Social Security Maximum of $168,600 for 2024. The state plan rate and taxable wage base will be adjusted annually.
  • Private plan rates may be different than the state plan.
  • The maximum amount the employee can pay under the state plan or private plan is one-half of the total cost, which equals 0.45% of wages for 2024.
  • The state rate may be adjusted starting in 2025 based on a prescribed formula but cannot exceed 1.2% of a covered individual’s wages.
  • An employee cannot be required to contribute more under a private plan than they would have under the state plan. The employer can always contribute more.
  • Employers with fewer than 10 total employees do not have to contribute the employer portion to the state plan, but they must contribute their share to a private plan.
Waiting period

No waiting period. Benefits are payable as of the first day of approved leave.

Benefit calculation
  • 90% of the employee’s Average Weekly Wage that is equal to or less than 50% of the State Average Weekly Wage; PLUS
  • 50% of the employee’s Average Weekly Wage that is more than 50% of the State Average Weekly Wage, up to the Maximum Weekly Benefit.

Note: Benefits will use the current State Average Weekly Wage at time of initial leave AND will be re-calculated if a State Average Weekly Wage changes during the period of approved leave.

Maximum weekly benefit amount

$1,100 for claims through 1/1/25. Thereafter, will be 90% of the State Average Weekly Wage.

Minimum weekly benefit
amount

Not applicable.

Other income amount offsets

Benefits are not reduced by any other income amounts.

However, if the leave is caused by circumstances that would entitle the individual to temporary indemnity benefits under the Colorado Workers' Compensation laws or unemployment insurance benefits under the Colorado Employment Security Act, no benefits are payable under the CO PFML plan.

It is the employer’s responsibility to cap any paid time off or other employer-provided paid leave so that the individual does not receive more than 100% of wages.

Maximum duration: Combined medical and family leave

12 weeks in an application (“Benefit”) year, plus up to 4 additional weeks of medical leave for a serious health condition related to complications due to pregnancy or childbirth, for a combined total of up to 16 weeks of family and medical leave per application year.

Frequently Asked Questions

What are the qualifying leave reasons?

What is the definition of family member?

What is the taxable wage base?

What is the State Average Weekly Wage?

How do we determine the application (“benefit”) year?

Is payment to the employer allowed for advance payments of benefits?

Can leave be taken on an intermittent leave basis?

How are benefits prorated?

Is CO PFML leave job protected?

How does employer-provided paid leave apply to use of CO PFML?

What is safe leave?

 

 

State Resources

State administrator and contact info:

For individual FAMLI account-specific questions, call the FAMLI Division at 1-866-263-2654.

For general FAMLI program questions, email the FAMLI Division at CDLE_FAMLI_info@state.co.us

CO PFML Statute (PDF)

CO PFML Regulations

HR Admin Fact Sheet (PDF)

FAMLI Employee Handbook (PDF)

State Employer Toolkits

2023 FAMLI Program Notice Poster (PDF)

Break Room Poster (PDF)

State Premium and Benefits calculator

 

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Symetra Life Insurance Company is a direct subsidiary of Symetra Financial Corporation. First Symetra National Life Insurance Company of New York is a direct subsidiary of Symetra Life Insurance Company and is an indirect subsidiary of Symetra Financial Corporation (collectively, “Symetra”). Neither Symetra Financial Corporation nor Symetra Life Insurance Company solicits business in the state of New York and they are not authorized to do so. Each company is responsible for its own financial obligations.

Symetra® is a registered service mark of Symetra Life Insurance Company.

Symetra assumes no responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. We recommend employers speak with legal counsel specializing in labor and employment law to ensure compliance with applicable PFML and PFL mandates.

The information on this page was updated as of April 2024.