Understanding C.R.S. § 8-13.3-510: FAMLI and FMLA Leave

In today's fast-paced work environment, understanding your rights and obligations surrounding leave can feel overwhelming—especially in Colorado, where recent legislation has transformed the landscape of employee benefits.

For employees seeking to maximize their time off for family and medical needs while also ensuring their job security, understanding the intersection between the Family and Medical Leave Insurance (FAMLI) program and the Family and Medical Leave Act (FMLA) is essential.

For employers, grasping this intersection is crucial to comply with evolving regulations and support their workforce effectively. Colorado Revised Statute (C.R.S.) § 8-13.3-510 not only clarifies these critical benefits but also highlights the intricate balance between employee entitlements and employer responsibilities.

As we explore this vital legal framework, we will shed light on how understanding these overlapping leave policies can empower both employees and employers to navigate their rights and obligations with confidence.

What is FMLA?

The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides eligible employees with the right to take unpaid, job-protected leave for specific family and medical reasons. Key aspects include:

Eligibility: Employees must have worked for their employer for at least 12 months and logged at least 1,250 hours in the past year. The employer must have at least 50 employees within a 75-mile radius.
Leave Entitlement: Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for:
- The birth and care of a newborn child.
- The adoption or foster placement of a child.
- Caring for a spouse, child, or parent with a serious health condition.
- The employee's own serious health condition.
Job Protection: Employees are entitled to return to their same or an equivalent position upon their return from leave.

What is FAMLI?

The Family and Medical Leave Insurance (FAMLI) program is a state initiative launched in Colorado that provides paid leave for family and medical reasons. It complements FMLA but introduces several key features:

Eligibility: Unlike FMLA, FAMLI is available to employees who have worked for a covered employer and have earned a minimum amount during the base period, typically the last year.
- “Most Colorado employees become eligible to take paid leave after they have earned at least $2,500 in wages subject to FAMLI premiums, over a period of about a year”, according to Colorado.gov.
- However, if you work for local or state government, you may not be covered.
Leave Entitlement: Employees can take up to 12 weeks of paid leave (and up to 16 weeks for certain pregnancy-related conditions) for:
- The birth and care of a newborn.
- Caring for a child placed for adoption or foster care.
- Caring for a family member with a serious health condition.
- The employee's own serious health condition.
Paid Benefits: FAMLI offers paid benefits funded through employee and employer contributions, providing a percentage of the employee’s average weekly wage; benefits are capped at $1,100 a week and you can estimate your benefit here.

FAMLI and FMLA: Running Concurrently

Under C.R.S. § 8-13.3-510, FAMLI and FMLA can concurrently, or at the same time. This means that when an employee requests leave under FMLA, employers are required to notify the employee about their eligibility for FAMLI benefits.

According to 7 CCR 1107-4:4.8, employers must provide this notification, ensuring that employees understand their rights and options for leave. This dual notification system helps streamline the leave process and ensures that employees are aware of all available benefits.

If you work in Colorado and requested leave under FMLA since the start of 2024 but were not[PB1] informed by your employer about FAMLI benefits, you may be entitled to compensation. Call PSB Law Firm at (303) 442-5111.

Employer Discretion on FAMLI and Short-Term Disability (STD)

Employers also have discretion regarding whether FAMLI and short-term disability (STD) benefits will run concurrently. If an employer decides that these benefits will run together, they are required to provide written notice to the employee. This notification is critical as it clarifies the leave options available and helps employees understand how their benefits will interact.

Use of Paid Time Off (PTO)

One of the significant provisions under C.R.S. § 8-13.3-510 is the protection of employees’ accrued paid time off during their FAMLI leave. Employers cannot mandate that employees exhaust their vacation, sick leave, or other PTO while receiving FAMLI benefits.

If your employer mandated you exhaust your vacation, sick leave, or other PTO while receiving FAMLI benefits, you may be entitled to compensation. Call PSB Law Firm at (303) 442-5111.

However, there is room for flexibility: if both the employer and the employee agree, the employee can choose to use their PTO concurrently with FAMLI benefits. This option cannot exceed the employee's average weekly earnings, providing a balanced approach to income protection during leave.

Implications for Employers and Employees

For employers, understanding these obligations is crucial for compliance and to foster a supportive workplace environment. It’s essential to maintain clear communication regarding leave policies and ensure that all employees are informed about their rights under both FAMLI and FMLA. PSB Law Firm is happy to help employers understand their obligations under FAMLI, and can be reached at (303) 442-5111.

For employees, being aware of these rights can help navigate the complexities of taking leave. Knowing that they can receive both FAMLI and FMLA benefits concurrently, and that they have the option to utilize their PTO in coordination with these benefits, empowers employees to make informed decisions about their health and family needs without the fear of losing income or benefits.

Conclusion

Understanding C.R.S. § 8-13.3-510 is essential for both employees and employers navigating the complexities of leave policies in Colorado. This statute ensures that employees can access the necessary leave while protecting their rights and benefits. For employers, staying compliant and fostering clear communication about these policies is vital to creating a supportive workplace.

If you have questions about your rights under FAMLI or FMLA, or if you need assistance navigating these leave options, the experienced team at PSB Law Firm is here to help. Contact us today to schedule a consultation and ensure you have the guidance you need to make informed decisions about your leave and benefits.