Colorado employers must navigate three major leave laws — HFWA, FMLA, and FAMLI — each with its own purpose, eligibility, and protections. These programs can overlap or apply separately depending on the situation. Here’s a simple breakdown to help you understand when each applies and how to stay compliant.
Here’s a plain-language guide to help you make sense of it.
First, the quick definitions
- HFWA (Healthy Families and Workplaces Act): Colorado’s paid sick leave law. Applies to all employers in Colorado, regardless of size. Employees accrue 1 hour for every 30 worked, up to 48 hours per year, for health, caregiving, bereavement, safety, or closure/evacuation reasons.
- FMLA (Family and Medical Leave Act): Federal law. Applies only to employers with 50+ employees within a 75-mile radius. Provides up to 12 weeks of unpaid, job-protected leave for an employee’s serious health condition, bonding with a new child, military-related reasons, or caring for a family member with a serious condition.
- FAMLI (Paid Family and Medical Leave Insurance): Colorado’s paid family leave program. Applies to almost all employers. Provides partial wage replacement and job protection for up to 12 weeks (16 for pregnancy/childbirth complications). Funded through payroll contributions. Went into effect January 1, 2024.
How they can layer together
Here’s where it gets tricky: these laws don’t cancel each other out. They can run at the same time or separately depending on the situation.
Example 1: Employee illness
- Under HFWA, a Colorado employee with the flu could use a few days of paid sick leave.
- If the illness becomes a serious health condition requiring extended time off, FMLA (if the employer is covered) may apply, protecting the job for up to 12 weeks.
- If the absence extends long enough and qualifies, the employee could also apply for FAMLI benefits to receive partial wage replacement.
Example 2: New parent
- HFWA would cover routine prenatal appointments or a child’s doctor visits (using accrued sick leave).
- FMLA, if applicable, would cover up to 12 weeks of unpaid leave for bonding with the new baby.
- FAMLI provides wage replacement during bonding leave, which may run concurrently with FMLA.
Example 3: School closure
- HFWA allows employees to use paid sick leave when a child’s school closes due to weather or loss of utilities.
- Neither FMLA nor FAMLI typically cover this situation. HFWA stands alone here.
Key differences to remember
- Eligibility: HFWA applies to nearly all employees; FMLA has employee tenure and hours worked requirements; FAMLI applies broadly but requires employees to have wage history in Colorado.
- Paid vs. unpaid: HFWA = paid (up to 48 hrs); FMLA = unpaid; FAMLI = paid (through state fund).
- Employer size: HFWA = all sizes; FMLA = 50+; FAMLI = all sizes.
- Reasons covered: HFWA covers short-term, everyday needs; FMLA and FAMLI cover serious, extended absences.
Why this matters for employers
These laws were designed to complement each other, not compete. The risk for employers is confusion—employees may not understand which law applies, and managers may mishandle requests.
To stay compliant and keep trust intact:
- Train supervisors on how to spot when HFWA, FMLA, and FAMLI overlap.
- Update policies and handbooks to reflect all three.
- Consider frontloading HFWA sick leave to simplify tracking.
- Communicate with employees early and clearly about FAMLI eligibility and the need for certification when using FMLA.
LeaveAssist: how we can help
Juggling HFWA, FMLA, and FAMLI isn’t just a legal exercise—it’s about keeping your policies clear, your employees supported, and your business protected.
LeaveAssist can:
- Build or update leave policies that cover all three laws.
- Handle leave tracking and notices so you stay compliant.
- Serve as a dedicated leave liaison to answer employee questions.
- Train managers on how to respond consistently.
Let’s make leave simple. Schedule a call with us today and we’ll help untangle the web of HFWA, FMLA, and FAMLI.