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: July 14, 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 social insurance program that allows covered employees to take paid leave from work for certain qualifying reasons. The program requires employers in the program to start collecting and remitting premiums effective January 2023, but benefits will not be available until January 2024. Employers who wish to opt out are required to make a decision prior to this date. All municipalities are included in FAMLI by default, but we may opt out and avoid the employer portion of premiums.
Under the FAMLI Act, covered employees can take up to 12 days 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; 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 and to receive paid family and medical leave under the following circumstance:
1. Employee earns at least $2,500 in wages within the last 4 calendar quarters;
2. Individual is employed at least 180 days prior to the leave request;
3. Elects coverage through the State of Colorado; and
4. Submits an application for...
Click here for full text