As we embark on 2024, Colorado’s Family and Medical Leave Insurance Program (FAMLI) is set to enter its next critical phase. After its launch this year, with employers already handling premium withholdings and remittances, the focus now shifts to the program’s benefit provisions, commencing January 1, 2024. This change affects the vast majority of Colorado employers and their employees.
It’s essential to note that FAMLI operates through payroll contributions and falls under the management of the FAMLI Division within the Colorado Department of Labor and Employment. Unlike some other programs, employers are not responsible for directly disbursing the monetary benefits to employees. However, this doesn’t lessen the importance of understanding the implications of these benefits, notably in terms of job protection. This job protection applies irrespective of the size of your organization, meaning even small businesses not covered under the federal Family and Medical Leave Act (FMLA) or the Colorado Family Care Act must provide job-protected leave if an employee is eligible for FAMLI benefits. An employee qualifies for job protection after working for their employer for a minimum of 180 days before taking leave. Moreover, employers are required to continue providing health care benefits throughout the duration of an employee’s FAMLI leave, regardless of their length of service.
Under FAMLI, employees can avail themselves of up to 16 weeks of leave annually for various needs, including family, medical, exigency, and safe leave circumstances. If an employee’s FAMLI leave overlaps with leave entitlements under the Colorado Family Care Act or the federal FMLA, these leaves will run concurrently.
Regarding employer obligations for FAMLI, there are specific notification requirements:
- Displaying the FAMLI notice prominently at each worksite.
- Providing this notice to each employee upon their hire.
- Informing employees about FAMLI when they might require leave for a qualifying reason.
The 2023 notice is already accessible, and we anticipate the release of the 2024 notice shortly, available at the same online location.
For additional guidance, the FAMLI Division has established a comprehensive web page offering FAQs, toolkits, videos, and other valuable resources tailored for employers. This is an opportune time for Colorado employers to familiarize themselves with these provisions to ensure seamless compliance and support for their employees. https://famli.colorado.gov/employers
