Free Guide to Colorado FAMLI and Unemployment Insurance

Understanding Colorado FAMLI and Unemployment Insurance Programs

Colorado offers two separate but related programs designed to provide income support during life transitions and job loss. The Family and Medical Leave Insurance (FAMLI) program and Unemployment Insurance (UI) serve different purposes and operate under different rules. This guide provides information about how these programs work, who might use them, and what each one covers.

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FAMLI launched in 2024 and represents Colorado's first paid family and medical leave program. It allows workers to take paid time off for qualifying reasons while maintaining some income replacement. Unemployment Insurance has existed for decades and provides temporary income support to workers who lose their jobs through no fault of their own.

Understanding the differences between these programs matters because they have separate claim processes, different benefit amounts, and distinct qualifying circumstances. A person might use UI after losing a job, but they could use FAMLI to care for a new baby or recover from surgery while still employed. Some workers may use both programs at different times in their careers.

Colorado collects payroll taxes to fund both programs. Employers contribute to FAMLI, and both employers and employees contribute to UI in most cases. These contributions create a pool of money that pays benefits to eligible workers who meet program requirements.

Takeaway: FAMLI and UI are separate programs with different purposes. FAMLI covers specific life events while employed, while UI supports workers after job loss. Knowing which program applies to your situation is the first step in exploring what information might be relevant to you.

Colorado FAMLI: Coverage, Reasons for Use, and Benefit Amounts

Colorado's FAMLI program permits workers to take paid leave for six different reasons. These reasons include bonding with a new child (biological, adopted, or foster), caring for a family member with a serious health condition, addressing a worker's own serious health condition, military caregiver leave, military exigency leave, and grief leave following the death of a family member. Each category has specific requirements about the relationship or timeframe involved.

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For bonding leave, parents may take time off within the first year after a child is born or placed for adoption or foster care. The program defines "parent" broadly to include biological parents, step-parents, adoptive parents, and foster parents. The leave is intended for bonding activities and caring for the child's needs during this critical early period.

For care leave, workers may take time off to care for a family member, including a spouse, child, parent, parent-in-law, grandchild, grandparent, or sibling. The family member must have a serious health condition. Serious health condition has a specific definition under Colorado law that generally involves ongoing treatment or hospitalization.

FAMLI replaces between 60 and 90 percent of a worker's wages, depending on income level. The maximum weekly benefit amount is set each year based on statewide average wages. In 2024, the maximum weekly benefit is approximately $1,452, though actual benefits depend on individual earnings history. Workers with lower incomes receive a higher replacement percentage than higher-wage workers.

The program allows up to 16 weeks of paid leave in a 12-month period for all qualifying reasons combined. This means a worker cannot take 16 weeks for each reason; the total across all uses within the benefit year cannot exceed 16 weeks. Different tracking methods exist depending on the employer and benefit year timing.

Takeaway: FAMLI provides partial wage replacement (60-90 percent) for up to 16 weeks annually when workers face specific life events. The actual weekly amount depends on earnings, and benefits are shared across all qualifying uses within a 12-month period.

Colorado Unemployment Insurance: Who Might Receive It and How Much

Colorado's Unemployment Insurance program provides temporary income support to workers who lose their jobs through no fault of their own. The program covers most private sector workers, government employees, and workers in non-profit organizations. Independent contractors and self-employed individuals generally do not receive UI benefits unless they elected coverage.

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Job loss "through no fault of your own" is the core requirement. Workers laid off due to lack of work, business closure, or staffing reductions typically meet this standard. Workers who resign, are fired for misconduct, or violate company policy generally do not qualify. The specific circumstances of separation matter significantly in determining whether someone might receive benefits.

Colorado UI replaces approximately 60 percent of average weekly wages, though the actual percentage varies slightly based on how benefits are calculated. The minimum weekly benefit is $30, and the maximum weekly benefit changes annually. For 2024, the maximum weekly benefit is approximately $668, though this amount adjusts yearly based on wage data.

The length of time someone might receive UI benefits depends on the unemployment rate and other factors. During periods of lower unemployment, benefits typically last up to 26 weeks. During periods of higher unemployment, extended benefits may become available through federal programs, extending eligibility beyond the standard period.

To measure average wages, Colorado looks at the first four of the five calendar quarters before the claim is filed. This is called the "base period." If a worker does not have sufficient earnings in the base period, benefits may be lower or unavailable. Seasonal workers, people who recently moved to Colorado, or those with very recent employment may have issues with base period calculations.

Takeaway: UI provides approximately 60 percent wage replacement (maximum around $668 weekly in 2024) for up to 26 weeks for workers separated from employment through no fault of their own. The actual benefit depends on recent earnings history and the specific circumstances of job loss.

FAMLI and UI: Key Differences and When Each Applies

FAMLI and UI exist for fundamentally different reasons, which creates different rules for each program. FAMLI applies when workers want or need to take time off while remaining employed. The employer-employee relationship continues, benefits run through the state program, and the worker keeps their job and health insurance during the leave period. UI applies when the employment relationship ends and the worker needs temporary income support while seeking new work.

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The timing of use also differs. FAMLI is a planned benefit in most cases—workers know they are having a baby or will have surgery, so they plan ahead. UI is typically an unplanned event that occurs when a job ends unexpectedly. This difference affects how each program handles notice and claim filing.

Earnings rules differ as well. While receiving FAMLI benefits, a worker is not actively working (with minor exceptions for partial return-to-work scenarios). While receiving UI benefits, a worker must be actively seeking new employment, and reporting wages from part-time or temporary work affects the benefits received. A person working part-time while on FAMLI leave may not receive benefits for weeks they work, but that situation is different from UI's work-search requirements.

Contribution sources are different. FAMLI is funded entirely by employer contributions (employees do not pay into FAMLI). UI is funded by employer contributions in Colorado, with employers paying into both state and federal UI funds. The funding mechanism does not affect individual workers' benefits but explains how each program operates.

A person might use both programs in sequence. For example, a worker might take FAMLI leave to bond with a new baby, return to work, then be laid off months later and claim UI. Or a worker might use UI after losing a job, return to work after six months, and then use FAMLI when a health condition requires leave. Each program operates independently based on its own rules and timeframes.

Takeaway: FAMLI covers planned time off while employed; UI covers income loss after job separation. They are used at different times, funded differently, and have separate requirements. Understanding which situation applies helps determine which program's rules matter for your circumstances.

How to Explore FAMLI and UI Information Through Colorado Agencies

Colorado's Department of Labor and Employment (CDLE) is the state agency responsible for both FAMLI and UI programs. CDLE maintains websites with detailed information about each program, including program rules, benefit calculations, and claim procedures. These resources are available online at no cost and do not require personal information to review general program information.

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For FAMLI-specific information, the CDLE website includes information about the reasons for leave, week-by-week benefit amounts based on different income levels, employer contribution rates, and how to file a claim. Workers can review this information to understand whether their situation matches a covered reason and what benefits might look like based on their earnings.