Prevent double-dipping from paid parental leave and Colorado FAMLI leave

Beginning on January 1, 2024, eligible Colorado employees can take paid leave for a variety of circumstances under the state’s Family and Medical Leave Insurance (FAMLI) program. Given that the FAMLI program is still in its infancy, there are several ambiguities and issues that still need to be resolved, and employers are still adjusting their policies. Be sure you make the necessary adjustments to prevent double-dipping.

Update your policies

One of the pitfalls employers may face is having outdated employment handbooks or policies that don’t clarify any paid parental leave otherwise offered under company policy runs concurrently with (not in addition to) FAMLI leave—as well as running concurrently with federal Family and Medical Leave Act (FMLA) leave.

Failing to update your policies may leave you in a situation where an employee can take 24 or more weeks of leave, and there’s little you can do to prevent it without running afoul of the law. For most employers, an extended duration of leave is simply not feasible. Thus, updating relevant handbook or policy provisions is key.

Don’t assume pointing to the statute is enough