The CO FAMLI program allows employers to use equivalent private plans, either self-funded or fully insured, through state-approved insurance carriers. State approval is required. The private plan application process is open and applications submitted by October 31, 2023, with approved private plans, will be eligible for contribution refunds.
To help ensure an optimal experience for employees, businesses must choose between the state-run plan, or a private plan for their Colorado Paid Family and Medical Leave (CO PFML) coverage. If your business is considering a private plan, find information below to assist you in meeting your obligations as a Colorado employer.
Provides up to 12 weeks (plus an additional 4 weeks for pregnancy complications) of paid family and medical leave benefits to eligible employees working within the state.
Uses a broad definition of family including any individual with whom the employee has a significant personal bond that is like a family relationship.
It is the first voter approved Paid Family and Medical Leave (PFML) program in the country.
Includes job protection for employees who have worked for an employer for at least 180 days.
All private employers with one or more employees working within the state of Colorado during 20 weeks in the current or prior calendar year; or paid wages of $1,500 or more during any calendar quarter in the preceding calendar year.
State and political subdivisions are included.
Local government (any city, county, town, school district, special district or other political subdivision of the state) are included but have the option to opt out of the program. A vote requirement is necessary to opt out of program participation. Visit the state website for more information.
Federal government employers and employees are excluded from coverage requirements.
Eligible employees include individuals who work in Colorado and have earned at least $2,500 during the base period, which is defined as the first 4 out of 5 completed calendar quarters preceding the first day of the employee’s benefit year.
Eligible employees can take paid leave for the following leave types/qualified leave reasons:
Bonding after birth, adoption, or foster placement of a child
Care for a family member with a serious health condition
Qualifying military exigency
Safe leave due to domestic violence, stalking, sexual abuse, or assault
An employee’s own serious health condition
A covered family member includes a child, parent, spouse, domestic partner, grandparent, grandchild, sibling, or any individual with whom the employee has a significant personal bond that is like a family relationship.
An employee will be eligible for up to 12 combined weeks of paid family and medical leave for any qualified leave type, with up to an additional 4 weeks of leave available to employees with a serious health condition related to pregnancy or childbirth complications.
Leaves may be taken on a continuous or intermittent basis in full day increments.
The weekly benefit will vary based on an employee’s average weekly wages. The weekly benefit will be calculated as:
90% of an employee’s average weekly wage that is less than or equal to 50% of the state average weekly wage (SAWW),
Plus 50% of an employee’s average weekly wage that is greater than 50% of the SAWW, up to the maximum weekly benefit.
Maximum weekly benefit will be $1,100 for 2024. (90% of the SAWW for subsequent years)
Job protection is included for employees who have been employed with their employer for at least 180 days.
State contribution rates for 2023 and 2024 have been set at 0.9% of an employee’s wages, up to the Social Security wage base. The rate is subject to change annually beginning in 2025 but is statutorily capped at 1.20%.
Shared Cost – 50% Employee Paid; 50% Employer Paid
Under the state program, employers with fewer than 10 employees do not pay the employer share of the premium but must forward the employees’ premium share to the program. The employees’ share may be withheld through payroll deductions.
Employers can participate in the state-run program, or they can self-insure or fully insure a private PFML plan. If an employer opts out of the state program, the private coverage they choose to provide must:
Be approved by the state of Colorado
Meet or exceed the requirements of the state program
Costs employees no more than the state plan
Colorado‘s Division of Family and Medical Leave Insurance (FAMLI) will develop employee notices for employers to use to communicate the details of the CO PFML program. Employers will be required to provide written notice to all eligible employees of their benefits and rights under the CO PFML program, either by a posting in the workplace, upon hire, or at the time of a claim for benefits under CO PFML.
Guardian will offer a fully-insured private plan option for CO PFML coverage, effective January 1, 2024.
Provides up to 12 weeks (plus an additional 4 weeks for pregnancy complications) of paid family and medical leave benefits to eligible employees working within the state.
Uses a broad definition of family including any individual with whom the employee has a significant personal bond that is like a family relationship.
It is the first voter approved Paid Family and Medical Leave (PFML) program in the country.
Includes job protection for employees who have worked for an employer for at least 180 days.
All private employers with one or more employees working within the state of Colorado during 20 weeks in the current or prior calendar year; or paid wages of $1,500 or more during any calendar quarter in the preceding calendar year.
State and political subdivisions are included.
Local government (any city, county, town, school district, special district or other political subdivision of the state) are included but have the option to opt out of the program. A vote requirement is necessary to opt out of program participation. Visit the state website for more information.
Federal government employers and employees are excluded from coverage requirements.
Eligible employees include individuals who work in Colorado and have earned at least $2,500 during the base period, which is defined as the first 4 out of 5 completed calendar quarters preceding the first day of the employee’s benefit year.
Eligible employees can take paid leave for the following leave types/qualified leave reasons:
Bonding after birth, adoption, or foster placement of a child
Care for a family member with a serious health condition
Qualifying military exigency
Safe leave due to domestic violence, stalking, sexual abuse, or assault
An employee’s own serious health condition
A covered family member includes a child, parent, spouse, domestic partner, grandparent, grandchild, sibling, or any individual with whom the employee has a significant personal bond that is like a family relationship.
An employee will be eligible for up to 12 combined weeks of paid family and medical leave for any qualified leave type, with up to an additional 4 weeks of leave available to employees with a serious health condition related to pregnancy or childbirth complications.
Leaves may be taken on a continuous or intermittent basis in full day increments.
The weekly benefit will vary based on an employee’s average weekly wages. The weekly benefit will be calculated as:
90% of an employee’s average weekly wage that is less than or equal to 50% of the state average weekly wage (SAWW),
Plus 50% of an employee’s average weekly wage that is greater than 50% of the SAWW, up to the maximum weekly benefit.
Maximum weekly benefit will be $1,100 for 2024. (90% of the SAWW for subsequent years)
Job protection is included for employees who have been employed with their employer for at least 180 days.
State contribution rates for 2023 and 2024 have been set at 0.9% of an employee’s wages, up to the Social Security wage base. The rate is subject to change annually beginning in 2025 but is statutorily capped at 1.20%.
Shared Cost – 50% Employee Paid; 50% Employer Paid
Under the state program, employers with fewer than 10 employees do not pay the employer share of the premium but must forward the employees’ premium share to the program. The employees’ share may be withheld through payroll deductions.
Employers can participate in the state-run program, or they can self-insure or fully insure a private PFML plan. If an employer opts out of the state program, the private coverage they choose to provide must:
Be approved by the state of Colorado
Meet or exceed the requirements of the state program
Costs employees no more than the state plan
Colorado‘s Division of Family and Medical Leave Insurance (FAMLI) will develop employee notices for employers to use to communicate the details of the CO PFML program. Employers will be required to provide written notice to all eligible employees of their benefits and rights under the CO PFML program, either by a posting in the workplace, upon hire, or at the time of a claim for benefits under CO PFML.
Guardian will offer a fully-insured private plan option for CO PFML coverage, effective January 1, 2024.
Guardian can help you manage it all
Effective employee leave management is key to ensuring your business remains compliant with state laws, helping you avoid costly fines.
Guardian has provided employers with statutory disability plans for more than a decade, taking a consultative approach to bring resources together for successful PFML plan implementation and management, no matter the level of complexity. Our management of PFML plans help ensure that any Human Resources team can meet the challenge of efficiently managing employee leaves while helping to ease administrative burden and enhancing compliance. Our plans are fully insured, state-approved, and backed by digital capabilities designed to help make administration easier.
Further, our Guardian absence management solutions can help reduce the administrative burden and enhance compliance with the integrated management of STD and LTD benefits, state and federal family medical leaves, and company leaves. Available to companies with 50 or more employees, employers can choose from a variety of plans and service options, including ADA support.
The State of Colorado with the Division of Family and Medical Leave is currently developing its PFML regulations, including specifics on how its program will be implemented. Leave and wage replacement benefits available to eligible Colorado workers is currently scheduled to commence on January 1, 2024. All terms of coverage, including benefits, eligibility, coverage limitations and exclusions under Guardian’s Colorado Paid Family and Medical Leave plan (CO PFML) will comply with CO PFML law and regulation. Any optional riders and/or features which may be available may incur additional costs. If there is a discrepancy between this document and the Certificate/Group Policy issued by The Guardian Life Insurance Company of America, the Group Policy will govern.
Group insurance products are underwritten and issued by The Guardian Life Insurance Company of America, New York, NY. Products are not available in all states.
* Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agent, 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. Does not provide tax, legal, or accounting advice. Consult your tax, legal, or account professional regarding your individual situation.
Guardian Absence SolutionsSM is a service mark of The Guardian Life Insurance Company of America.
The State of Colorado with the Division of Family and Medical Leave is currently developing its PFML regulations, including specifics on how its program will be implemented. Leave and wage replacement benefits available to eligible Colorado workers is currently scheduled to commence on January 1, 2024. All terms of coverage, including benefits, eligibility, coverage limitations and exclusions under Guardian’s Colorado Paid Family and Medical Leave plan (CO PFML) will comply with CO PFML law and regulation. Any optional riders and/or features which may be available may incur additional costs. If there is a discrepancy between this document and the Certificate/Group Policy issued by The Guardian Life Insurance Company of America, the Group Policy will govern.
Group insurance products are underwritten and issued by The Guardian Life Insurance Company of America, New York, NY. Products are not available in all states.
* Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agent, 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. Does not provide tax, legal, or accounting advice. Consult your tax, legal, or account professional regarding your individual situation.
Guardian Absence SolutionsSM is a service mark of The Guardian Life Insurance Company of America.