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How to Get FMLA in Colorado

To get FMLA in Colorado, you request leave from your employer, then return a medical certification from a health care provider within the deadline your employer gives you. Colorado does not have its own separate version of the federal Family and Medical Leave Act (FMLA), but state laws such as Colorado’s paid leave program (FAMLI) and paid sick leave law often run alongside it. Knowing how these pieces fit together helps you protect both your job and your paycheck.

Key takeaways

  • Federal FMLA gives eligible Colorado employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period, and Colorado FAMLI can pay part of your wages during that same time.
  • Your employer can ask for medical certification, and federal rules generally give you 15 calendar days to return it.
  • If your own doctor can’t complete your paperwork in time, book a video evaluation with a physician while you are physically located in Colorado.

Does Colorado have its own FMLA law?

No. Colorado workers use the federal FMLA for unpaid, job-protected leave, and Colorado adds its own laws on top of it. The most important of these is the Paid Family and Medical Leave Insurance program, called FAMLI, which pays partial wages during qualifying leave.

Under federal regulations, when a state law also applies, your employer must follow both laws, and leave that qualifies under both counts against both at the same time. That is why most Colorado leave conversations involve FMLA and FAMLI together. The sections below walk through each one, starting with who qualifies.

Who qualifies for FMLA in Colorado?

You generally qualify for FMLA if you work for a covered employer and meet three requirements. According to the U.S. Department of Labor (DOL), eligible employees:

  • Have worked for the employer for at least 12 months. If you have had breaks in employment, ask HR how your history is counted.
  • Have at least 1,250 hours of service in the 12 months before leave starts. That works out to roughly 24 hours a week over a year.
  • Work at a location with 50 or more employees within 75 miles. Remote and multi-site workers should confirm how their worksite is defined.

The DOL’s Fact Sheet #28 explains that covered employers include private employers with 50 or more employees in 20 or more workweeks of the current or prior year, all public agencies, and public and private elementary and secondary schools. These are general rules, so your HR department or leave administrator is the best place to confirm your own eligibility.

What counts as a serious health condition?

FMLA leave for your own health requires a serious health condition, which federal rules define as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. Continuing treatment covers several situations, including more than three consecutive full days of incapacity with follow-up treatment, pregnancy, and chronic conditions such as asthma, diabetes, or epilepsy that need visits at least twice a year.

You can also take leave in separate blocks of time instead of all at once (intermittent leave) when there is a medical need that is best handled that way. This is common for migraines, flare-ups of autoimmune conditions, and ongoing treatment appointments.

How does Colorado FAMLI work with FMLA?

FAMLI is Colorado’s state-run paid leave program, and it is designed to run at the same time as FMLA. The FAMLI Division states that when FAMLI leave is used for a reason that also qualifies under FMLA, the leave counts as FMLA leave too. Employers also cannot require you to use up FAMLI leave before you can take FMLA leave.

Here is what FAMLI generally provides, as of 2026:

Some employers meet their obligations through an approved private plan instead of the state plan. In that case, you file your claim under the employer’s plan, which must offer the same or better benefits. Ask HR which applies to you.

Job protection and income are two different things

FMLA protects your job, but it does not pay you. Federal rules state that FMLA leave is generally unpaid, although you may use accrued paid time off during it. When you return, you are entitled to the same position or an equivalent one with equivalent pay and benefits.

Short-term disability (STD), an insurance benefit some employers offer, may replace part of your income while you are unable to work. It does not, by itself, protect your job. Many people need both, which is why it helps to understand how FMLA and short-term disability certification work together.

FAMLI sits between these two. It pays partial wages and carries its own job protection after 180 days with your employer. That matters in practice:

  • If you have worked 12 months and 1,250 hours at a covered employer, FMLA and FAMLI usually run together, giving you job protection plus partial pay.
  • If you have been with your employer between 180 days and 12 months, you may not yet qualify for FMLA, but FAMLI’s job protection may still apply.
  • If your employer is too small for FMLA, FAMLI may still provide paid leave and job protection, depending on your work history.

How to get FMLA in Colorado, step by step

Most of the process happens between you, your employer, and a health care provider. These steps reflect what federal rules generally require.

  1. Tell your employer. If your leave is foreseeable, such as a planned surgery, federal rules call for at least 30 days’ advance notice. If it is not, notify your employer as soon as practicable, which generally means the same or next business day.
  2. Get the certification form. Many employers use the DOL’s optional WH-380-E form for your own serious health condition, or WH-380-F to care for a family member. Your employer may also use its own form.
  3. Have a provider complete it. The provider describes the condition, when it began, how long it is expected to last, and the leave you need. This guide to the WH-380-E medical certification form explains each section.
  4. Return it on time. You generally must provide certification within 15 calendar days of your employer’s request. If it is incomplete, your employer must give you seven calendar days to fix it.
  5. File for FAMLI separately if you want wage replacement. Your FMLA paperwork goes to your employer, while a FAMLI claim goes to the state or your employer’s private plan.

If your regular doctor can’t complete your forms before that 15-day deadline, a board-certified physician can evaluate you for intermittent FMLA certification during a secure video visit. Intermittent certifications are typically completed within 1 business day when all required information is available, and continuous FMLA requests typically within 1-3 business days after the appointment.

Other Colorado leave laws worth knowing

Two more Colorado laws often come up alongside FMLA. Each has its own rules, so treat them as separate tools.

  • Paid sick leave under the Healthy Families and Workplaces Act (HFWA). According to the Colorado Department of Labor and Employment (CDLE), employees earn one hour of paid sick leave per 30 hours worked, up to 48 hours per year. Employers may request documentation only for absences of four or more consecutive days. HFWA is separate from FAMLI.
  • The Colorado Family Care Act. This 2013 law lets eligible employees take leave to care for a civil union partner or a qualifying domestic partner with a serious health condition. It runs at the same time as FMLA and does not add extra weeks, and your employer may ask for the same medical certification the FMLA allows.

Common mistakes that delay leave in Colorado

Most delays come from paperwork and timing, not from the medical side. Watch for these:

  • Assuming FMLA pays you. It does not. Apply for FAMLI or STD separately if you need income during leave.
  • Missing the 15-day deadline. Ask for an extension in writing if you are making good-faith efforts and still can’t get the form back in time.
  • Leaving frequency and duration blank. For intermittent leave, your employer needs an estimate of how often flare-ups occur and how long each lasts.
  • Filing only one claim. A FAMLI claim does not replace your employer’s FMLA request, and an FMLA certification does not file your FAMLI claim.
  • Booking from out of state. You must book for the state where you will be physically located at the time of your visit, which means Colorado if you are there.

Frequently asked questions

Is FMLA paid in Colorado?

FMLA itself is unpaid. However, Colorado’s FAMLI program can provide partial wage replacement during leave that also counts as FMLA leave. You may also be able to use accrued paid time off or short-term disability benefits, depending on your employer’s policies.

Can I take FMLA and FAMLI at the same time?

Yes, in most cases. The FAMLI Division says the program is designed to run concurrently with FMLA, so qualifying leave usually counts against both at once. This means the weeks typically overlap rather than stack.

How long do I have to turn in my FMLA certification in Colorado?

Federal rules generally give you 15 calendar days after your employer asks for it. If your employer says the certification is incomplete, you get seven calendar days to correct it. Your employer may allow more time.

Do I need to work somewhere for a year to get job protection in Colorado?

For FMLA, generally yes, along with 1,250 hours of service. FAMLI has a separate rule that protects your job after 180 days with your employer. Your HR department or leave administrator can confirm which protections apply to you.

Can I use FMLA for a mental health condition in Colorado?

Yes, if the condition meets the federal definition of a serious health condition, such as one requiring continuing treatment. Anxiety and depression are common reasons for intermittent leave. A provider must evaluate your condition and determine what leave is medically necessary. If you are in crisis or thinking about suicide, call or text the 988 Suicide & Crisis Lifeline.

Getting your Colorado certification completed

If your own provider can’t complete your FMLA paperwork before your deadline, a board-certified physician can review your situation during a 15-minute secure video visit and complete certification when it is medically appropriate. Book while you are physically located in Colorado, and have your employer’s forms and job details ready. Start your evaluation.

Sources

  1. Family and Medical Leave Act. U.S. Department of Labor, Wage and Hour Division.
  2. Fact Sheet #28: The Family and Medical Leave Act. U.S. Department of Labor.
  3. FMLA Forms. U.S. Department of Labor.
  4. 29 CFR 825.113: Serious health condition. eCFR.
  5. 29 CFR 825.115: Continuing treatment. eCFR.
  6. 29 CFR 825.202: Intermittent leave or reduced leave schedule. eCFR.
  7. 29 CFR 825.207: Substitution of paid leave. eCFR.
  8. 29 CFR 825.214: Employee right to reinstatement. eCFR.
  9. 29 CFR 825.302: Employee notice requirements for foreseeable FMLA leave. eCFR.
  10. 29 CFR 825.305: Certification, general rule. eCFR.
  11. 29 CFR 825.701: Interaction with state laws. eCFR.
  12. Individuals and Families. Colorado FAMLI Division.
  13. FAMLI and Other Types of Leave. Colorado FAMLI Division.
  14. Job Protection and Retaliation. Colorado FAMLI Division.
  15. My FAMLI+. Colorado FAMLI Division.
  16. Private Plans. Colorado FAMLI Division.
  17. FAMLI Program Notice (updated December 2025). Colorado Department of Human Resources.
  18. Paid Sick Leave under the Colorado Healthy Families and Workplaces Act. Colorado Department of Labor and Employment.
  19. C.R.S. 8-13.3-203: Family Care Act leave. Colorado Revised Statutes.

 

This article is for informational purposes only and is not a substitute for professional medical advice.

Medical documentation supports your request but does not guarantee approval. Final decisions are made by your employer, insurance carrier, leave administrator, school, or applicable state program.

This is not an emergency service. In an emergency, call 911 or go to the nearest emergency room.

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