Colorado Family and Medical Leave Laws

Like employers in every state, Colorado employers must comply with the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons.

In addition, Colorado has its own laws that give employees the right to take leave for family and health reasons. Employees who are covered by more than one of these laws are entitled to the rights set out in the most protective law.

Federal FMLA Rights

Employees in Colorado who are eligible may take up to 12 weeks of leave for serious health conditions, bonding with a new child, or preparation for a family member's military service; more leave is available for employees who need to care for a family member who was seriously injured on active military duty.

For detailed information on FMLA leave, see Taking Family and Medical Leave.

Who Is Covered?

Colorado employers must comply with the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.

Employees are eligible for FMLA leave if:

• they have worked for the company for at least a year
• they worked at least 1,250 hours during the previous year, and
• they work at a location with at least 50 employees within a 75-mile radius.

Reasons for Leave

FMLA leave is available if a Colorado employee needs time off to:

• bond with a new child
• recuperate from a serious health condition
• care for a family member with a serious health condition
• handle qualifying exigencies arising out of a family member's military service, or
• care for a family member who suffered a serious injury during active duty in the military. (You can find more information on these last two types of leave in Military Family Leave for Employees.)

How Much Leave Is Available?

Colorado employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave renews every 12 months, as long as the employee continues to meet the eligibility requirements explained above.

Employees who need military caregiver leave may take up to 26 weeks of leave in a single 12-month period. However, this leave is a per-injury, per-service member entitlement. Unless the same family member is injured again, or another family member suffers an injury while on active duty, an employee may not take an additional leave for this purpose.

Leave and Reinstatement Rights

Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. Although FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave.

When an employee's FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.

Colorado's Paid Family and Medical Leave Law

Colorado is one of a growing number of states that guarantees paid family and medical leave for workers. The law, known as the Colorado Paid Family and Medical Leave Insurance (FAMLI) program, was established under the Colorado Paid Family and Medical Leave Insurance Act (Colo. Rev. Stat. § 8-13.3-501 and following).

Who Is Covered

Almost all employees who work in Colorado are covered, as long as they've earned at least $2,500 in wages over the previous year.

Both private and public employers generally must participate, though local governments can opt out. Self-employed individuals can choose to opt in to the program.

Reasons for Leave

Eligible workers can take up to 12 weeks of paid leave in a 12-month period. An additional four weeks are available for pregnancy or childbirth complications. Leave can be used to:

• care for a new child after birth, adoption, or foster placement
• recover from the employee's own serious health condition
• care for a family member with a serious health condition
• handle qualifying military-related needs; or
• address safety concerns related to domestic violence, sexual assault, or stalking.

Benefits and Pay

The program provides partial wage replacement. Lower-income workers receive a higher percentage of their average weekly wage, up to 90% for the lowest earners.

The state sets a maximum benefit amount each year ($1,381.45 per week in 2025).

Leave can be taken continuously or intermittently, depending on the employee's needs and the nature of the leave.

Job Protection and Health Benefits

Employees who have worked for their employer for at least 180 days before taking leave are entitled to job protection. This means they have the right to return to the same or an equivalent position after leave.

Employers must continue the employee's health insurance during the leave under the same conditions as if the employee were still working.

Employer Responsibilities

Employers and employees share the cost of the program through payroll premiums. Employers with 10 or more workers must pay half of the total premium; employees pay the other half through payroll deductions. Smaller employers are exempt from the employer contribution but still must remit employee deductions.

Employers can apply for approval of a private plan instead of participating in the state program, as long as the private plan provides the same or better benefits and protections.

How FAMLI Interacts With the FMLA

As noted above, the federal FMLA provides up to 12 weeks of unpaid leave for certain family and medical reasons, but only applies to larger employers.

Colorado's FAMLI program fills the gap by providing paid benefits to nearly all workers, regardless of employer size.

Employees may be able to use FAMLI leave at the same time as FMLA leave, ensuring both wage replacement and job protection.

Domestic Partners and Civil Unions

A law in Colorado known as the Family Care Act (FCA) expands the definition of a "family member" under the FMLA to include domestic partners and partners in a civil union.

Colorado employees who qualify for FMLA leave may take up to 12 weeks of leave in a 12-month period to care for a domestic partner or civil union partner with a serious health condition.

Domestic Violence Leave

Employers with at least 50 employees must allow eligible employees who have been victims of domestic violence, sexual assault, domestic abuse, or stalking to take up to three days off in a 12-month period to:

• seek medical treatment or counseling for the employee or the employee's child
• seek a civil protection order
• seek legal assistance or attend court-related proceedings, or
• seek new housing or make an existing home secure.

Adoption Leave

All employers that provide parental leave following the birth of a biological child must make the same amount of leave available to adoptive parents. This requirement doesn't apply to step-parent adoptions.

Colorado Small Necessities Leave

Employers with at least 50 employees must let employees who are the parents or legal guardians of children in school (kindergarten through 12th grade) take time off work to attend:

• parent-teacher conferences, or
• meetings related to special education, dropout prevention, attendance, truancy, disciplinary issues, or response to intervention.

Employees may take up to six hours of unpaid leave in any month, and a total of 18 hours of unpaid leave in any school year, for these purposes. Employees must make reasonable efforts to schedule these activities outside of work hours.

For More Information

You can get more information on these state laws at the website of Colorado's Department of Labor and Employment.