MANAGING LEAVE OF ABSENCE LAWS IN COLORADO: FMLA, FAMLI, HFWA, STD, ADA, AND WC

HR / Workplace

By:  Kim Adamson

Navigating Colorado’s complex leave of absence laws can be challenging for employers and employees. Understanding the Family and Medical Leave Act (FMLA), Colorado’s Family and Medical Leave Insurance (FAMLI), Healthy Families Workplace Act (HFWA), Short-Term Disability (STD), the Americans with Disabilities Act (ADA), and Workers’ Compensation (WC) is crucial for compliance and effective leave management. Below is an overview of these laws and guidance on managing them in the workplace. 

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that requires employers with 50 or more employees within a 75-mile radius to comply with FMLA regulations. Employees must have worked for the employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months to be eligible. FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for specified family and medical reasons, or up to 26 weeks of unpaid leave in a single 12-month period for caring for a covered service member with a serious injury or illness. FMLA leave can be used for the following reasons:

  • The birth and care of a newborn child.
  • The placement and care of an adopted or foster child.
  • The care of an immediate family member (spouse, child, or parent) with a serious health condition.
  • The employee’s own serious health condition.
  • Qualifying exigencies related to a family member’s military service.

Employers must determine and consistently calculate the FMLA measurement period for all employees using one of the following methods: Calendar year (January to December); Fixed 12 months as determined by the employer; 12 months measured forward from the first date of leave usage; or Rolling 12 months measured backward for leave taken in the prior 12 months from the FMLA entitlement.

Colorado Family and Medical Leave Insurance (FAMLI)

Colorado’s Family and Medical Leave Insurance program (FAMLI), effective January 1, 2024, provides paid, job-protected leave for eligible employees. Colorado employees may receive up to twelve weeks of leave per year for the following reasons:

  • Bond with a new child, including adopted and fostered children.
  • Care for themselves if they have a serious health condition.
  • Care for a family member’s serious health condition.
  • Make arrangements for a family member’s military deployment.
  • Address the immediate safety needs and impact of domestic violence and/or sexual assault.
  • Those who experience pregnancy or childbirth complications may receive an additional four weeks for a total of 16 weeks per year.

Employers must coordinate FAMLI with other leave programs and ensure compliance with state and federal regulations.  Key differences between FAMLI and FMLA include:

  • FAMLI offers paid leave, while FMLA provides unpaid leave.
  • FAMLI covers most Colorado employees, regardless of employer size.
  • Employees are eligible for FAMLI from day one of employment if they meet wage requirements.

Short-Term Disability (STD)

Short-Term Disability (STD) insurance provides financial assistance to employees who are temporarily unable to work due to illness, injury, or pregnancy. In Colorado, private employers are not required to provide STD insurance to employees but may choose to offer it through a private insurance company.  While FAMLI is not a direct replacement for STD, it does provide paid leave for certain situations. STD benefits typically cover a percentage of the employee’s salary for a limited period. Eligibility is based on the company’s STD policy and the insurance provider’s criteria. Employers must communicate with employees about the application process, payment of benefits, and any documentation and medical certification required.  (Note: Colorado provides STD benefits for state government employees with five or more years of service.)

 Paid Sick Leave under Colorado’s Healthy Families and Workplaces Act (HFWA)

Colorado’s Healthy Families and Workplaces Act (HFWA) requires all Colorado employers, regardless of size or industry, to provide all employees (including full-time, part-time, seasonal, and temporary), with two types of paid sick leave: accrued leave and public health emergency (PHE) leave. PHE is not currently in effect but may apply during public health emergencies designated by State public officials.  Federal government employees and some railroad employees are excluded from HFWA.  Employers must provide one hour of paid sick leave for each 30 hours the employee works up to 48 hours each year.  HFWA does not mandate an employer to provide additional leave if its existing PTO or sick leave policy complies with the requirements of HFWA, the employee is advised in writing of the employer’s policy, and the policy provides fully paid leave for both non-HFWA and HFWA purposes for the following reasons:

  • Inability to work due to a mental or physical illness, injury, or health condition.
  • Obtaining preventive medical care (including vaccination), or medical diagnosis/care/treatment.
  • Needs due to domestic abuse, sexual assault, or criminal harassment including medical attention, mental health care or other counseling, legal or other victim services, or relocation.
  • Care for a family member who needs the sort of care listed above.
  • During a PHE, a public official closed the employee’s workplace, or the school or place of care of the employee’s child.
  • Bereavement, or financial/legal needs after a death of a family member; or
  • Due to inclement weather, power/heat/water loss, or other unexpected events, the employee must
    • evacuate their residence, or
    • care for a family member whose school or place of care was closed.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities. ADA leave is job-protected, meaning the employee has the right to return to their position or an equivalent position. Employers must ensure that employees with disabilities have equal access to leave benefits and may need to provide additional leave as a reasonable accommodation. Employer compliance includes modifying leave policies to accommodate employees with disabilities. Key considerations are:

  • Determine if the employee’s condition qualifies as a disability according to the ADA. Require the employee to provide appropriate documentation and medical certification, as applicable, to support the leave request.
  • Assess each request for leave as a reasonable accommodation on a case-by-case basis. The amount of leave considered reasonable will depend on the specific circumstances.
  • Engage in the interactive process with the employee to determine appropriate accommodations.
  • If providing leave would cause significant difficulty or expense, it may be considered an undue hardship. In such cases, the employer and employee should explore alternative accommodations. 

Workers’ Compensation (WC)

Workers’ Compensation (WC) leave provides benefits to employees who suffer work-related injuries or illnesses. All businesses with employees operating in Colorado, regardless of the number of employees working in the state, must carry WC insurance. Employers must promptly report all work-related injuries to their insurance carrier and the Colorado Division of Workers’ Compensation. In Colorado, WC benefits include medical treatment, wage replacement, and disability benefits. Colorado employees must exceed three scheduled shifts of authorized lost time before Workers’ Compensation lost time benefits begin (defined as the “waiting period”).    

BEST PRACTICES FOR MANAGING LEAVE OF ABSENCE

  1. Develop Clear Policies: Ensure leave policies are documented in the company’s employee handbook and communicated to all employees. Include information on eligibility, application procedures, and coordination with other leave programs.
  2. Coordinate Leaves: Understand how different leave laws and employer policies interact and ensure employees receive the appropriate benefits. FMLA, FAMLI, and STD leave may run concurrently and should be documented in the employer’s policies. Paid Sick Leave under the Colorado Healthy Families and Workplaces Act (HFWA)
  3. Train Human Resources Staff and Managers: Provide training on the various leave laws and how to handle leave requests based on the laws and the employer’s policies, which ensure compliance and consistent application of policies.
  4. Maintain Accurate Records: Keeping detailed records of all leave-related activities is essential to ensure compliance with legal requirements.  Detailed records should include the following:
  • Leave requests and approvals
  • Track leave balances
  • Medical certifications and documentation
  • Communication with employees regarding their leave status
  • Accommodations provided under ADA
  • Return-to-work plans and progress
  1. Confidentiality: Protect the employee’s private medical information pursuant to HIPAA regulations.
  2. Communication with Employees: Maintain open lines of communication with employees regarding their leave options and provide support and guidance throughout the leave process. Employers and employees must adhere to the federal and state notification and posting requirements, including the employer’s notice and procedural requirements established in the employee handbook. Timely and consistent communication builds trust and confidence between employees and the employer regarding the company’s leave process and improves overall employee morale.
  3. Conduct Audits: Regularly conduct audits of the company’s leave policies and practices to ensure compliance with all relevant laws. Keep updated with changes in leave laws and regulations to ensure that recordkeeping practices remain compliant. Regularly review and update employee handbook policies and procedures.
  4. Legal Consultation: Consult with legal experts to stay updated on changes in employment laws and to obtain advice on complex cases.

By understanding and effectively managing leave of absence laws in Colorado, employers can ensure compliance, support their employees, and maintain a productive workplace. Non-compliance can lead to legal issues, financial penalties, and a negative impact on employee morale and productivity.

If you have any specific questions or need further assistance, ILG Strategic Services is here to help you navigate the complexities of leave laws in Colorado. 

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