Colorado Paid Family and Medical Leave (CO PFML) offers wage replacement benefits if an employee is sick or hurt and cannot work. PFML applies to family-related matters, such as bonding with a new child or caring for a family member with a serious health condition and can also be used to address a family member’s military duty, or for safety concerns.
Employers can participate in the state-run program (Colorado Family and Medical Leave Insurance) or they can self-insure or fully insure a private plan.
MetLife offers self-insured and fully insured CO PFML plans.
Employers are required to offer CO PFML if they have 1 employee or more employees working in the state and if they paid wages to an employee of $1,500 or more in the last year. Employers can offer CO PFML either through the state-run program, or they can self-insure or fully insure a private plan.
All employees working for a covered employer are eligible for CO PFML benefits if they have earned at least $2,500 working in Colorado before benefits start. The $2,500 can come from one or more jobs.
Eligible employees can receive part of their pay if they need to take time off for certain reasons. CO PFML provides job protected leave once an employee works for an employer for at least 180 days.
An employee can have more than one benefit each year, but no more than 12 weeks in a 12-month period, and up to an extra 4 weeks for complications related to pregnancy or childbirth.
Medical Leave can be taken for up to 12 weeks to:
Family Leave can be taken for up to 12 weeks to:
Safe Leave can be taken to:
Leave can be taken all at once or intermittently for an hour at a time, or even less if an employer allows.
Beginning January 1, 2025, the maximum employee contribution is $792.45, or 0.45% of the Federal Social Security Wage Cap ($176,100).
Private plan premiums may differ, however, employee max contributions for a private plan cannot be more than what they would pay for the state-run program. Employers fund the balance of the premium for private plans.
Please visit the state program’s website for the latest state rates and additional state plan information.
The benefit amount an employee can receive depends on how much money they make weekly compared to others in Colorado.
Beginning January 1, 2025, the maximum weekly benefit is $1,324.21, or 90% of what most people in Colorado make in a week.
An employee’s benefit payment is equal to the portion of their average weekly wage that is equal to or less than 50% of the state average weekly wage multiplied by 90%, plus, the portion of their average weekly wage that is more than 50% of the state average weekly wage multiplied by 50%.
In 2025, the State Average Weekly Wage is $1,471.34.
To obtain a proposal from MetLife, you or your broker must create a census of your eligible Colorado workforce and send it to MetLife.
MetLife offers self-insured and fully insured CO PFML plans that have been approved by the state.
If fully insured, MetLife will issue a state approved CO PFML policy.
If self-insured, you will need to work with your own employment counsel to define your CO PFML plan to submit to the state for approval. The state has provided a sample template on their private plan page.
As an employer you should gather your documentation, and apply for your fully insured or self-insured plan using My FAMLI+ website. You will need to register first. And, you will need to register and apply for each FEIN. There is a $500 non-refundable administration fee per FEIN. For additional detail about how to file you can access this My FAMLI+ Employer User Guide for Private Plan Applications.
If filing for a fully insured MetLife CO PFML plan you will need:
If filing for a self-insured CO PFML plan, you will also need a Surety Bond, and the following information:
Approved private plans must take effect no earlier than sixty days after the date of application. For example, you should apply by October 31 for a January 1 approval, or November 30 for a February 1 approval.
Within 30 days of submission, you will receive notice from the state of approval or denial.
The Division will notify the applicant in writing of any issues that must be addressed for the private plan application to be approved.
Notify your employees of their benefits. A CO PFML notice must be placed in a prominent location in the workplace. Employers can use a MetLife notice or the notice that Colorado has created in multiple languages which is available on the state's website.
Employers must also inform workers in writing, when newly hired, and when they become aware that an employee is experiencing an event that triggers eligibility.
Reporting requirements
Private plan administrators, MetLife for a fully insured plan and employers for a self-insured plan, must submit quarterly summaries of the previous calendar quarters for the first 3 years. These summaries should be submitted by the last day of the month immediately following the end of the calendar quarter.
Changes to a private plan
If you make any material change to your approved private plan, you need to notify the Division in writing at least sixty (60) days before the change is to take effect. The notification must include:
For complete details on requirements when making a material change, please visit the state’s site.
Renewing your MetLife private plan
Annually, you will need to log on to My FAMLI+ website and attest to keep your private plan, pay an annual maintenance fee to the Division, and confirm that the contact information is correct. Failure to submit this may result in the Division’s withdrawal of the private plan approval.
Private plan approval with the state will expire 8 years after approval. Employers will need to reapply to the state to continue receiving an exemption. Renewal information will be provided by the state closer to 2031, when the first round of renewals will be processed.
If you have a self-insured CO PFML state approved plan, you may want to review the plan with your legal counsel to ensure it is compliant with the current laws and regulations. CO PFML self-insured plan applications will need to have an updated Surety bond.
Step 1: An employee should notify their employer of the need for a leave as soon as possible.
Step 2: An employee should file a claim up to 30 days in advance of the leave. If the leave is unforeseeable, claims may be submitted up to 30 days after the leave has begun.
Step 3: MetLife will gather any additional necessary information from the employee and make a decision within 14 days or the first day of leave, whichever is later.
Step 4: The employee will receive their first benefit payment within two weeks of claim approval.
Step 5: If an employee’s claim is denied, an employee may appeal the claim first with MetLife and if denied again the employee may submit an appeal to the state.
Employees must provide specific documents for each claim. It is important to submit paperwork to the doctor as soon as possible. It might take the doctor’s office two weeks or more to complete the paperwork. In some cases, a statement confirming the relationship between the employee and the family member may also be requested.
For an employee's own serious health condition (when an employee is sick or hurt and cannot work for an extended period):
For child bonding for a newborn:
For child bonding for adoption or foster care placement:
For leave to care for a family member with a serious health condition, including medical events related to pregnancy or childbirth:
For qualifying military exigency needs, you will need to verify your family member’s service:
Employees may be eligible for more than one leave.
Colorado Paid Family and Medical Leave Insurance (PFML) and Family Medical Leave Act (FMLA) benefits can and should be used at the same time, when applicable. An employer may require an employee to use PML benefits and short-term or long-term disability benefits at the same time. An employer cannot make an employee use up other types of leave, like vacation days, before taking CO PFML. It’s up to an employee to decide if they want to use other leaves, such as vacation time, in conjunction with CO PFML. Total compensation may not be more than 100% of an employee's regular pay.
MetLife’s claims team will reach out to the employee to coordinate dates of the company leave that directly overlap with the state leave.
MetLife representatives can help review employer paid benefits that may overlap with the state leave. They can help document overlaps and preferred contact and action when the overlap happens.
Note: There may be additional leaves that MetLife does not administer. Employers may be responsible for providing additional leaves for their employees. Employers should consult their own employment attorneys.
An adopted or foster child, a person for whom the employee stood in place of a parent when the person was a minor, a grandparent, grandchild, or sibling (whether a biological, foster, adoptive, or step relationship) of the employee or their spouse or domestic partner, a stepchild or legal ward, a person the employee is legally married to under the laws of any state, a parent (whether a biological, foster, adoptive, or step relationship) or legal guardian of the employee or their spouse or domestic partner, a child of a domestic partner, a person who stood in place of a parent when the employee or their spouse or domestic partner was a minor, the employee’s domestic partner, a child for whom you stand in place of a parent. any other individual with whom the employee has a significant personal bond that is or is similar to a family relationship, regardless of biological or legal relationship.
As of November 21, 2024