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Editor’s note: This article is part of an ongoing series intended to help employers prepare for the January 2024 start of employee benefits under Colorado’s FAMLI program. Look for additional articles in the coming weeks. 

As January 1, 2024, approaches, employers should look closely at their internal policies and procedures to prepare for employees exercising benefits and taking leave under Colorado’s Family and Medical Leave Insurance Program (FAMLI). By taking proactive steps, employers will be better prepared to accommodate employee leave requests effectively. 

Employers are required to post a program notice in a prominent location in the workplace. The notice is designed to inform employees of their rights under FAMLI, including information on deductions from employee paychecks, when benefits begin, filing claims, job protection, and prohibitions on employer retaliation and discrimination.  

Employers should also update their handbooks, policies, and procedures and be prepared to answer questions from employees looking to take leave under FAMLI. Employers should be ready to address how FAMLI works in conjunction with the Family and Medical Leave Act (FMLA), Healthy Families and Workplaces Act (HFWA), and employer leaves of absence policies (vacation, sick leave, and PTO). 

Under FAMLI, employers will be responsible for maintaining their typical coverage of employees’ health insurance benefits while they are on leave, but employers have the option to require employees to continue to pay their contributions to those benefits. Employers should have an invoicing plan or other mechanism set up before the employee takes leave. Otherwise, employers can choose to offer their employees an additional benefit of paying their contributions while they are on leave. 

Employers cannot require employees to use or exhaust existing employer-provided accrued paid leave before or while they are permitted to take FAMLI leave. However, employers and employees may mutually agree in writing that the employee may use any accrued paid leave while receiving FAMLI benefits to top off their wages up to the employee’s average weekly wage. Employers should update their handbooks to address whether employees may use accrued paid leave while taking FAMLI leave to top off their wages.   

Employers should require employees to directly inform them of their need for FAMLI leave in addition to filing their claims with the state. Employers should update their handbook policies on the required notices for leave. FAMLI requires employees to give employers at least 30 days’ notice for foreseeable leave or notice as soon as practicable when unforeseeable. Any notice requirements should be reasonable and applicable to all employees to prevent any issues with discrimination or interference. 

Before employees go out on FAMLI leave, employers should set up a mechanism to notify them of key communications while they are gone. For example, employees on FAMLI leave without access to their work email could miss an open enrollment announcement. Setting up email and phone forwarding options will allow the employee to stay abreast of open enrollment, new handbook additions, and other important internal communications. 

Employers seeking further guidance on FAMLI can contact Employers Council for help to ensure a seamless transition into FAMLI going into the new year. For more information on the program, you can access our FAMLI Resources Community page, which has links to helpful resources.