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Colorado Paid Family and Medical Leave (CO PFML) updates

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What you should know now and for 2026

Colorado employers should be aware of upcoming deadlines and program changes. Some of the items below only impact employers with CO PFML private plans.

Annual attestation requirement for private plans 

  • What’s changing: 
    Employers with a private plan must complete an Annual Private Plan Attestation (APPA). This includes verifying contact information and confirming the plan still meets FAMLI (Family and Medical Leave Insurance) standards.1 This is the second year that Colorado has required this. This is due November 30 and is a simple process within Colorado’s employer portal.  Check My FAMLI+ Employer account frequently for FAMLI communications on this topic.

  • Why it matters: 
    FAMLI can take enforcement actions, which could include termination of your private plan approval for failure to complete the attestation timely.

New annual maintenance fee for private plans 

  • What’s changing: 
    Employers with an approved private plan during the previous fiscal year (July 1, 2024 – June 30, 2025) will need to pay an Annual Maintenance Fee.2 The fee is $142 this year and is subject to change annually. This fee is per FEIN except for PEOs - who will just pay one fee to cover their whole group. Look for notifications from FAMLI. The deadline to pay the fee is December 31, 2025. Check My FAMLI+ Employer account frequently for FAMLI communications on this topic.

  • Why it matters: 
    FAMLI can take enforcement actions, which could include termination of your private plan approval should employers fail to pay this fee.

Premium rate decrease – Impacts private plan employers as well as employers with coverage through the state plan

  • What’s changing: 
    Starting January 1, 2026, the state plan premium rate will decrease from 0.90% to 0.88% of wages.3 

  • Why it matters: 
    Changes may be needed for your employee payroll deductions. Employers are permitted to withhold 50% of the cost of the state plan from employees’ payroll. Since 2024, the state rate has been 0.90% - making the maximum employee contribution 0.45% of wages. Now that the state rate is decreasing employers need to make sure that they are not withholding more than 0.44% from their employees’ wages. As a reminder, wages are capped at the Social Security Wage Base which will be $184,500 for 2026.

Neonatal care leave

  • What’s changing: 
    Colorado is launching Neonatal care leave, giving parents up to 12 additional weeks of paid leave if their newborn is in the Neonatal Intensive Care Unit (NICU). This new leave will be available starting 1/1/2026.4

  • Why it matters: 
    Since this leave is in addition to the leaves already available under CO PFML an employee will still have 12 weeks of leave available for other qualifying reasons, such as new child bonding, medical leave, care of an seriously ill family member, etc. in a benefit year.

Read more from the Guardian Absence Management blog

Go now

  1. My FAMLI+ Employer User Guide — Private Plans, Colorado FAMLI, 2025.

  2. ibid.

  3. Social Security Announces 2.8 Percent Benefit Increase for 2026, Social Security Administration, October, 2025

  4. Another National First: Paid Leave for Neonatal Intensive Care Unit Parents, Colorado FAMLI, 2025

Information provided on this blog is intended for general educational use. It is not intended to provide legal advice. Guardian does not provide legal services. Consult an attorney for legal advice on this or any other topic.

Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agents, and employees expressly disclaim any responsibility for and do not maintain, control, recommend, or endorse third-party sites, organizations, products, or services and make no representation as to the completeness, suitability, or quality thereof.