All counties will have an important decision to make in the next few months: Are they opting out of the new state Family and Medical Leave Insurance (FAMLI) program. Counties that do not opt out will be considered as participating in FAMLI and will have to start paying premiums beginning April 2023. It is very important that all counties deliberate on what is best for them and their employees this summer/fall. A decision to participate in FAMLI will mean counties will need to plan for this expense when developing their budget in the fall.

As a reminder, Proposition 118 passed in 2020 and created a paid family and medical leave program (FAMLI) in Colorado.  The measure allows local governments to opt-out of the program, but permits employees of such a local government to participate (click here to read the ballot language).  Enrollment in the FAMLI Program will begin in 2023 and benefits will be accessible beginning in 2024.

You can find information about FAMLI here on the state’s website. Additionally, our partners at the Colorado Special District Association have developed this incredible resource that includes an FAQ and examples of Opt-out resolutions along with a companion notification to employees of the opt out action. Finally, County Technical Services Inc. (CTSI) has developed these two fliers:

Understanding FAMLI

Colorado Family & Medical Leave Insurance Program

Finally, the FAMLI Division in the Colorado Department of Labor and Employment has developed a process to request early access to the new employer portal (known as My FAMLI+). This is also where counties wishing to opt out will need to eventually upload their opt-out letter. Click here to register your desire to have early access to My FAMLI+. The state hopes to have the My FAMLI+ portal up and running by November 2022.