What FAMLI benefits are available in 2024 for a child born in 2023?
New parents of a child born in 2023 are eligible for FAMLI paid leave in 2024 for the full 12 weeks (and up to 4 additional weeks for pregnancy and childbirth complications) to bond with a new child after birth, adoption, or foster care placement, even if the employee used some employer-sponsored paid or unpaid leave or unpaid FMLA leave during 2023, provided the leave is completed within 12 months of the child’s birth or addition to their family.
Example: If a Colorado parent welcomes a new child in July of 2023, that parent may be eligible for 12 weeks of federal FMLA unpaid job-protected leave during 2023 (if the employer is a covered employer based on the number of employees). When Colorado’s FAMLI benefits become effective January 1, 2024, that same parent would be eligible for another 12 weeks of paid leave (and up to 4 additional weeks for pregnancy and childbirth complications) because it has been less than 12 full months since the child’s arrival. Parents won’t be penalized or lose out on FAMLI-funded leave in 2024 because they took bonding leave in 2023.
What is the eligibility for FAMLI benefits if and employee changes employers?
FAMLI benefits are individually portable and are determined by the length of time an employee is employed in Colorado and not based on the number of employers an employee may work for during a calendar year. The FAMLI Division tracks employee eligibility through the quarterly employer wage reports and the employee’s Social Security Number. The maximum number of weeks an employee can collect FAMLI paid leave benefits per calendar year is limited to 12 weeks and up to 4 additional weeks per year for pregnancy and childbirth complications, regardless of how many employers they work for. Premiums are due from all an employee’s employers, and all employers may deduct the employee portion from their wages.
How will employers be notified when an employee files a FAMLI claim?
The FAMLI portal for an employee to file a claim will be available on or about November 17, 2023. The FAMLI Division is expected to launch an online portal for employers before January 2024 that will notify an employer when an employee files a claim, the leave type, and the duration of the claim.
What is the new FAMLI definition of wages effective January 1, 2024?
The FAMLI Division has adopted a change to the definition of “wages” that will be effective January 1, 2024, and aligns with the definition of wages set by Colorado’s Unemployment Insurance Division. Premiums and benefits will be calculated using this new definition starting January 1, 2024. Under the new definition, FAMLI “wages” will mean “pre-tax gross wages” and will include typical employer compensation. For example, if an employee is paid a $1,000 weekly salary and chooses to have their $100 health insurance contribution deducted on a pre-tax basis, their pre-tax gross wage is $1,000.
For more information see the FAMLI website for employers: https://famli.colorado.gov/employers