Different Leaves Explained

Medical Leave to Care for a Family Member

Paid medical leave is also available to Colorado workers who may need to take time to care for their loved ones. FAMLI understands that the word “family” may mean something different to you. These are some of the factors that we will consider when it comes to familial relationships:

• Shared financial responsibility, included shared leases, common ownership of property, joint liability for bills, or beneficiary recognition.

• Emergency contact appointment.

• Expectations of care created by the relationship and/or previous care arrangements.

• Cohabitation and the length of time in partnership.

• Geographic proximity.

"Family Member" in the Act, is defined as:

• Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor;

• A biological, adoptive or foster parent, stepparent or legal guardian of a covered individual or covered individual's spouse or domestic partner or a person who stood in loco parentis when the covered individual or covered individual's spouse or domestic partner was a minor child;

• A person to whom the covered individual is legally married under the laws of any state, or a domestic partner of a covered individual as defined in section 24-50-603(6.5);

• A grandparent, grandchild or sibling (whether a biological, foster, adoptive or step relationship) of the covered individual or covered individual's spouse or domestic partner; or

• As shown by the covered individual, any other individual with whom the covered individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.

Documents Needed:

• Serious Health Condition form: when applying for medical leave to care for a family member, you must provide the details of the licensed health care provider who is treating your family member. That health care provider must fill out and sign a serious health condition form on behalf of your family member. If the provider is already registered in the system, they’ll be able to certify the claim all online without having to pass around paperwork. If not, you’ll need to download a serious health condition form while filing your claim in My FAMLI+ and get it completed by your family member’s provider. 

• For all reasons an individual applies for FAMLI leave, the Division may request additional reasonable information or documentation necessary (outside of what’s asked for in My FAMLI+) to process the claim.

Parental (Bonding) Leave

Parental (bonding) leave is for a mother, father, or an individual that is considered in ‘loco parentis’ to the child. ‘In loco parentis’ is a relationship that is created when a person assumes the responsibility of parent to the child. A legal or biological relationship is not necessary. When the FAMLI Division is considering parental status, the Division may consider: the age of the child; the degree to which the child is dependent on the person; the amount of financial support being provided; and the extent of parental responsibilities that are being fulfilled.

Your employer is entitled to a 30-day notice before your leave begins, if possible.

If you experience a complicated pregnancy or birth, your benefits may be extended to 16 weeks. A licensed health care provider will have to verify that you have a serious health condition related to your pregnancy or birth complications. Birthing parents who experience a complication will need to file a separate FAMLI claim listing their own serious health condition as the reason for leave.

Documents Needed:

New parents filing a Parental (Bonding) Leave claim do not need their claim verified by a health care provider. Instead, they will need to upload proof of birth or placement which must include the child’s birth date or placement date. Examples may include, but are not limited to:

• a birth certificate, or verification of birth worksheet

• birth or recovery care documentation from a health care provider or medical facility (*Make sure your proof of birth documentation includes your child's date of birth.)

• adoption or foster care placement paperwork

• *For all reasons an individual applies for FAMLI leave, the Division may request additional reasonable information or documentation necessary (outside of what’s asked for in My FAMLI+) to process the claim.

• Your employer is entitled to a 30-day notice before your leave begins, if possible.

Expecting parents can start their Parental (Bonding) Leave application up to 30 days in advance of their expected leave start date. However, the proof of birth documentation is required to fully submit the claim. Your claim will be saved as a draft until that documentation is submitted.

New parents are eligible to take FAMLI leave to bond with a new child anytime within the first 12 months after a birth, adoption or foster care placement. So parents who welcomed a new child in 2023 may have some weeks of eligibility in 2024 (when benefits become available), even if they used some employer-sponsored leave or unpaid FMLA leave in 2023 when the child first arrived. Parents who welcomed children in 2023 can learn more here.

Safe Leave (Domestic Violence)

Safe Leave provides employees job-protected time off to attend to their needs if they or a family member have experienced domestic violence, stalking, abuse, sexual assault, or other situations.

At FAMLI, we recognize that many cases of sexual assault go unreported. Here are a few things to know:

• To determine whether an individual is the survivor of domestic violence, the survivor of stalking, or the survivor of sexual assault or abuse, for purposes of determining eligibility for safe leave, an individual need not prove that a court has determined that the individual was the victim of domestic violence, stalking, sexual assault, or sexual abuse.

• Benefits may be awarded and will require the individual’s good-faith, legal attestation that they are a survivor of domestic violence, stalking, or sexual assault or abuse.