Department of City Manager
Reference: FAMLI Act Opt Out
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Karen Borkowski Surine, Assistant City Manager
Shannon Pollock, Executive Assistant
Date Prepared: November 11, 2022
PURPOSE
To consider whether the City of Brighton should opt out of employer premium participation in the Colorado Paid Family and Medical Leave Insurance Program (FAMLI) Act.
STRATEGIC FOCUS AREA
Financially Responsible
BACKGROUND
In November 2020, Colorado voters approved Proposition 118, which paved the way for a state-run Paid Family Medical Leave Insurance (FAMLI) program. The program is a state-run insurance enterprise program that allows individuals to take paid leave for qualifying health issues or staying home with a newborn and can be found at C.R.S. ? 8-13.3-501 et seq. FAMLI requires employers in the program to start collecting and remitting premiums effective January 2023 but benefits will not be available to employees until January 2024. Local government employers who wish to opt out of the program are required to make a decision prior to this date. All employers are included in FAMLI by default, but municipalities may opt out through action taken by city council and avoid the employer portion of premiums.
Under the FAMLI Act, covered employees can take up to 12 weeks leave of paid family or medical leave for the following qualifying reasons:
1. To care for a new child;
2. Pregnancy and childbirth complications;
3. Care for their own health or a family member;
4. Exigency leave (caring for military member's child or family member when called to active duty); or
5. Safe leave (employee is the victim of domestic abuse, stalking, sexual assault/abuse).
Effective January 1, 2024, FAMLI covered employees have the right to take paid family medical leave for up to 12 weeks in an application year under the following circumstance:
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