Colorado’s Family and Medical Leave Insurance (FAMLI) program has changed the way employees take time off from work. This program gives workers paid time off for real-life situations that cannot wait. Whether it’s a serious health condition, a new child, or a sick loved one, FAMLI allows you to step away from work without losing your income or job. As a worker, it’s important to know your Colorado FAMLI employee rights and your legal options.
What Is Colorado’s FAMLI Program?
Colorado’s FAMLI program is a state-run system that provides employees with paid leave when taking time off for major life events. Workers enjoy job protections while receiving a portion of their wages. Instead of relying on employers to provide paid leave, FAMLI operates much like an insurance program. Payroll contributions fund the program, allowing workers to receive their pay directly from the state.
Under the law, qualified workers get up to 12 weeks of protected leave in most cases, with some employees getting up to 16 weeks for pregnancy-related time away. Colorado voters endorsed this law in 2020 with a 57% voter approval rating.
Eligibility for FAMLI Benefits
To qualify for FAMLI benefits, employees must have earned at least $2,500 in wages during the base period covered by the program. Eligibility is not tied to working for a specific employer for a set amount of time, which means even part-time, seasonal, and recently hired workers still qualify. In its first six months, the FAMLI program provided benefits to over 62,000 workers and sent $311,129,690 in approved claims.
While benefits may be available immediately, job protection is not automatic. Employees must generally work for their employer for at least 180 days and work at least 1,250 hours within 12 months before they are entitled to job protection. You can still receive benefits through FAMLI, but there’s no guarantee of job protection if you don’t meet these requirements.
Violations of the FAMLI Program
Violations of Colorado FAMLI laws occur when employers interfere with an employee’s rights to request or take protected leave, deny valid benefits, or fail to comply with program rules. Common issues include discouraging workers from taking leave, misclassifying employees to avoid coverage, or failing to properly deduct and remit payroll premiums. In some cases, employers may attempt to pressure employees into taking PTO rather than FAMLI leave.
Employees are also protected from retaliation for reporting violations of FAMLI program rules and regulations. If violations do occur, employees can file a complaint with the Colorado Department of Labor and Employment, which enforces the program. Depending on the violation, employers may be required to provide back pay, restore benefits, or correct compliance issues.
Hire an Employment Lawyer
If you’ve had your FAMLI rights denied, it’s important to work with an experienced employment attorney to pursue legal action. Hire an employment lawyer from King Employment Law to help you navigate the legal process. We have over 90 years of combined experience helping Colorado workers navigate the employment law system, and we can put our knowledge to work for you. Contact our team to schedule a consultation for your FAMLI case.
