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FAMLI Matters the newsletter for FAMLI claimants
December 17, 2024
This is an official communication from the Colorado Department of Labor and Employment’s 
Family & Medical Leave Insurance Division.

In the Spotlight: New year, new FAMLI coverage? Here’s what you need to know about benefit years and how they reset
Colorado’s FAMLI’s program is entering its second year of benefits - and that means that Colorado workers who used FAMLI benefits last year will start seeing their benefit years reset and their leave utilization balances expire.
What does that mean for people in the middle of a FAMLI claim or those who need to take another FAMLI-covered leave?
  • Colorado law allows workers to take up to 12 weeks of paid leave per year, or 16 weeks in cases of certain childbirth complications. That year begins when a FAMLI claim first begins, not necessarily when the calendar changes. So if a worker's first FAMLI-covered leave began on May 4, 2024, their available leave balance would not reset until May 4, 2025.
  • Colorado workers can’t “bank” FAMLI leave over the years. In other words, the 12 or 16-week limit can’t be extended if a Colorado worker didn’t file a claim in the previous year.
  • A benefit year doesn’t need to line up with an event that makes a worker eligible for FAMLI. Let’s say a worker needs to step away from the job four weeks before their benefit year resets, and their leave duration is approved for eight weeks. In that case, the worker is covered for the full amount approved by the FAMLI Division. Their bank of FAMLI-covered working hours will reset after four weeks and the final four weeks of their FAMLI-covered leave would be taken out  of the next year’s leave balance of 12 weeks. 

New feature! Report your weekly schedule online
Workers with approved intermittent and reduced schedule FAMLI claims can now update their weekly work schedules directly in their My FAMLI+ account when they report their weekly leave hours, rather than calling in or emailing the FAMLI Division updates to their work schedule each week. 
Remember, workers with intermittent or reduced-schedule claims must report their hours away from work each week. Now workers with fluctuating schedules will be able to update their work schedule each week when they report their leave hours. 
Need support? We’ve updated the My FAMLI+ User Guide for Claimants to show the new process. We also have a new how-to video just for this task. 

Take control of your federal tax withholding
FAMLI claimants are getting a new option when it comes to their federal tax withholding.

Starting in January, claimants will be able to decide whether they’d like the FAMLI Division to withhold federal income tax from their benefits. This will be a simple opt-in or opt-out option, with the rate being set at a flat 10%.

Active claims won’t change, though those claimants will have the option to change their tax withholding preferences in their Payments Dashboards within My FAMLI+.

If you decide to have federal taxes withheld, the funds will automatically be withheld from future benefit payments, and FAMLI will remit the withheld amount on your behalf to the IRS.

Remember that Colorado doesn’t tax FAMLI benefits, but the IRS has not issued formal guidance on whether FAMLI benefits are subject to federal income tax. Current IRS guidance suggests that state programs like FAMLI are taxed similar to unemployment compensation, which is subject to federal income tax.

FAMLI will report to the IRS the amount of FAMLI benefits paid to each claimant during the year. We will issue IRS form 1099-G to claimants who received at least $10 in FAMLI benefit payments in a single tax year.  

Learn more about your tax withholding options on famli.colorado.gov.

Appeals portal changes
We’ve upgraded our appeals process for employees who want to dispute a FAMLI decision and ask for another review.
Now all claimants (and their legal representatives) can create an appeals account within My FAMLI+ to file, manage and track all FAMLI-related appeals.
Remember that employers should avoid filing a formal appeal until after they have gone through the reconsideration or grievance process when disputing a decision related to  a FAMLI claim. There are a few exceptions when disputing decisions involving your employer account. Please see our appeals page for more details.  
Keep in mind that all appeals filed before December 5, 2024 were not carried over into My FAMLI+. So if you have an active case currently in the FAMLI appeals process, please continue to use cdle_famli_hearing@state.co.us to communicate with the hearings officer and file documents.

FAMLI Stories: Marie talks about FAMLI military leave
Marie talks about FAMLI Military Leave
We want to hear your personal stories, too! Please tell us how FAMLI is helping you through a significant life event. Each month we’ll feature real stories in our newsletter and across our social channels.
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Join us next month for a webinar focused on you!
The FAMLI Division will host a webinar January 16, 2025, starting at 11:00 a.m. and ending at noon. FAMLI experts will explain the new appeals process and recent rule changes. We’ll also provide new guidance for self-employed workers and share with claimants their federal tax withholding options and where they can find their 1099-Gs. After the presentation, we’ll use the remaining time to answer live questions. 
Register today for the January webinar
Let’s Get Social!
FAMLI is now on INSTA! Be sure to follow us and engage with the account at @coloradofamli. And don’t forget, we’re also on Facebook, Twitter, and LinkedIn.

Colorado Division of Family and Medical Leave Insurance (FAMLI)

633 17th Street, Denver, CO 80202-3660

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