Colorado Paid Family & Medical Leave (CO PFML)

Yes. Sun Life offers both fully insured and self-insured private plan administration for employers.

Yes. While the CO PFML law creates certain paid benefits for leave because of an employee’s own serious health condition or for covered caregiving reasons, the CO PFML law is not intended to replace benefits provided by employers through Short-Term Disability (STD) plans and programs. It is important to know that cancelling STD benefits could leave your employees with limited income protection under the following circumstances:

1. Benefit amount for higher-income employees. The CO PFML max weekly benefit may be insufficient for high-income earners who require greater income replacement. 
2. Consequences of combined 12 weeks of family and medical leave. If an employee takes 12 weeks of family leave in a 12-month period, in most circumstances, the employee may be left without income replacement for their own serious health condition in the same timeframe. 
3. Impact of intermittent leave. CO PFML can be taken intermittently so an employee may substantially reduce and/or exhaust their benefits and be left without income replacement protection if they become continuously disabled thereafter. 
4. Short-Term Disability may offer additional features and benefits. STD policies may include employee-facing features that improve their experience: survivor benefits, and most importantly, return-to-work and vocational rehabilitation programs. Employees can still access these features even if they are approved for both CO PFML and Short-Term Disability.

Employers can apply for a Private Plan via the state's online portal,  My Family+ Employer. An employer may apply for approval of a self-administered or fully insured private plan.

An employer seeking approval of a fully insured plan will be required to submit an application to the FAMLI Division accompanied by an issued policy (or confirmation of insurance form), and an application fee. Applications for a self-insured plan must be accompanied by proof of a Surety Bond, a Summary Plan Description and the application fee.

Employers planning to offer a Private Plan (including self-insurance models) are not exempt from paying FAMLI premiums until the FAMLI Division has reviewed and approved the private plan documentation. Employers are responsible for continuing to remit their premium payments and submit wage reports until the effective date of their approved Private Plan application.

Employers offering Private Plans must continue to meet reporting, notice, records, job protection and benefits continuation requirements.

Private Plans must remain in effect for a minimum of one year. The private plan approval will expire after 8 years from the date that the private plan went into effect. However, the Division will require an annual attestation that the employer’s contact information is accurate, and the approved private plan remains in force.  Self-insured programs will also have an annual review of the employer’s surety bond. Starting in 2025, employers with an approved private plan must pay an annual maintenance fee, as calculated and requested by the Division.